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Backup Documents 02/25/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING FEBRUARY 25, 2003 Naplas Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 341QI-5016 REFERENCE: 00123G 200213 58610225 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned ~uthority, personally appeared D. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further ~ays that the said Naples O~ily News is a newsp&per published at Naples, in said Collier County, Florida~ and that the said newspaper has heretofore been continuously published in saiU C~llier County, Florida, each day and has been entered as second class mail matter at the po~t office in Naples, in said Collier Ccunty~ Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further s~ys that she has neither p~id nor promised any person~ firm or corporation any discount, rebate, commissior~ cr refund for the purpose of securing this advertisement for publiction in the ~aid n~wspaper. PUBLISHED ON: ~2/2~ AD SPACE: 65.000 INCH FILED ON: 0~/2~03 .......... sworn to a,,d . sorib.d mem 5-- J aY 20£ Personalty ~ ~ t My Commission DD056336 ~ ~--~' Expires Septem~r 11. 2005 NOTICE OF PUBLIC MEETING Third r~ mon Tu~ conaucf ~h~ business county at thai les ~ ~e ~ f~ made avallam Dress and may be ~ln~ ~ ~e Public I~. marion Office, Iocatec Any person .who dg~ld. raced ~ P, .' ana ~ .~V ~e~ ~ ensue ~ g. ~a tim r~ord ef me ~ro ce~ Is ~, whlcl ~p~ 'W61Ch. ~e Is~. BOARD OF COUNT~ COSIGNERS COLLIER cOUNTY, FL~IDA Tom Hennlng, DWIGHT E, BROCK, RECEIVED FEB 2 8 FINANCE DEPT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 25, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF 1 February 25, 2003 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. e e INVOCATION AND PLEDGE OF ALLEGIANCE A. Minister Paul Jarrett, Naples Church of Christ AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 Be January 28, 2003 - BCC Regular Meeting Approved as Presented- 5/0 Ce January 29, 2003 - BCC/Sign Ordinance Workshop Approved as Presented- 5/0 SERVICE AWARDS 4. PROCLAMATIONS Ae Proclamation to recognize Holland T. Salley for his steadfast commitment to changing and enriching lives through Education. Also present, but not accepting, will be Kim Long, President of the Edison Community College Foundation. Adopted 5/0 Proclamation to recognize the importance of community awareness of the Emergency Planning and Community Right-to-Know Act. To be accepted by Ken Pineau, Director of Collier County Emergency Management. Adopted 5/0 2 February25,2003 Se Ce Proclamation to designate February 25, 2003 as Children's Day in Collier County. To be accepted by Clay Cone. Adopted 5/0 De Proclamation to acknowledge and thank the volunteers of the Veteran's Transportation Program. To be accepted by James H. Elson, President of the Collier County Veterans Council. Adopted 5/0 Proclamation to acknowledge the South Florida Chapter of Multiple Sclerosis for their efforts to improve the lives of Collier County Residents that are coping with this disease. To be accepted by Karen Dresback, President of the South Florida Chapter for Multiple Sclerosis. Adopted 5/0 PRESENTATIONS 6. PUBLIC PETITIONS Ae Public Petition Request by Mr. Michael T. Hoyt, Gulf Harbor Moorings Inc., to discuss a Quit Claim Deed to remove the "Public" Language from Property Deed. Discussed as presented Withdrawn B. Public Petition Request by Mr. Thomas L. Baker to discuss Code Enforcement as it relates to C5 Industrial in J&C Industrial Park. Ce Public Petition Request by Ms. Melanie Beebe to discuss Waiving Variance Fees at 245 22nd Avenue NE. Discussed as presented-to be brought back at a future meeting 7. BOARD OF ZONING APPEALS Continued Indefinitely A. ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Administrative Appeal to official interpretation INTP-2002-AR-2910 concerning the Commercial Infill Provision of the Collier County Growth Management Plan, Future 3 February 25, 2003 Land Use Element. ge ADVERTISED PUBLIC HEARINGS Ae Be Ce De me This item to be heard at 1:10 p.m. Adopt a Resolution amending the Water and Sewer Impact Fee Rate Schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. Resolution 2003-93 Adopted 5/0 This item to be heard at 1:10 p.m. Adopt a Resolution amending the Water, Sewer, Fire Meter and Surcharge Rates, which is Schedule One of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2003-94 Adopted w/Amendments 5/0 This item to be heard at 1:10 p.m. Adopt a Resolution amending the Miscellaneous Fees for Services, which is Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2003-95 Adopted w/Amendments 5/0 This item to be heard at 1:10 p.m. Adopt a Resolution amending the Meter Installation Charges (Tapping Fees) and Backflow Device Charges, which is Schedule Four of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2003-96 Adopted w/Amendments 5/0 Adoption of an Ordinance amending Section 126-83 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 92-60, as amended, concerning the expanded use of Category "B" (Advertising/Promotion) Tourist Development Tax Revenues to include the funding of Convention Centers, Tourist Bureaus and Tourist Information Centers as County Agencies, as recommended by the Tourist Development Council. Ordinance 2003-10 Adopted 5/0 4 February 25, 2003 9e This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-01-AR- 1842, Dwight Nadcau of RWA, Inc., representing Thomas G. Eckcrty, Trustee for thc 1-75 Land Trust, requesting a rezone from "A" Rural Agricultural, RSF-4, RMF-6, RMS-12, and C-4 to PUD, Planned Unit Development to bc known as thc East Gateway PUD allowing for Commercial Uses for property located on thc South side of 1-75, North of Davis Boulevard (CR 84) and approximately one quarter mile West of Collier Boulevard (CR 951) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2003-11 Adopted w/stipulations 5/0 Ge This item to be heard at 10:00 a.m. Adoption of an Ordinance authorizing the Issuance of Revenue Bonds payable from various Gas Tax Revenues of the County for the principal purposes of acquiring and constructing various Transportation-Related Capital Improvements and refunding certain outstanding indebtedness of the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will not create a general debt or obligation of the County; and providing an effective date. Ordinance 2003-09 Adopted 5/0 BOARD OF COUNTY COMMISSIONERS Ae Be Added C. 10. Appointment of member to the Golden Gate Estates Land Trust Committee. Res. 2003-92 appointing Linda Hartman - Adopted 5/0 Discussion regarding rush hour dump-truck traffic on Oil Well and Immokalee Roads. (Commissioner Coletta) Staff directed to continue meeting with different organizations re: this matter and bring report back- 3/2 (Commissioners Itenning and Coyle opposed) Consideration of a resolution supporting continuation of the State Housing Trust Fund. (Commissioner Fiala) Resolution 2003-97 Adopted 5/0 COUNTY MANAGER'S REPORT 5 February 25, 2003 A. This item to be heard at 1:00 p.m. Master Plan Update, Project 70070. Utilities) Adopted- 5/0 Adopt the 2002 Collier County Water (Jim DeLony, Administrator, Public Be This item to be heard at 1:00 p.m. Adopt the 2002 Collier County Wastewater Master Plan Update, Project 73066. (Jim DeLony, Administrator, Public Utilities) Adopted- 5/0 Ce Approve an Interim Inteflocal Agreement with the Collier County School Board for coordinated land use and school planning as required by Chapter 2003-296 Laws of Florida. (Joe Schmitt, Administrator, Community Development) Approved with 90 day extension - 5/0 Approve a Resolution to authorize the Collier Mosquito Control District to expand boundaries into Immokalee. (John Dunnuck, Administrator, Public Services) Resolution 2003-98 - Adopted 5/0 Ee Provide a report regarding water quality of wells in Golden Gate City. (Dr. Col£er, Collier County Health Department) Report accepted Moved from Item #16B4 F. Approve funding in the amount of $116,951 for design and acquisition of permits, funding strategy and remaining half of coordination to Woods Hole Group for the Haldeman Creek Restoration (A.K.A. Dredging) Project, Contract No. 01-3216, Number 51011. Approved - 5/0 engineering, project Basin Project Moved from Item #16El G. Approve Award of Bid #03-3475 for Temporary Laborers for Collier County to Able Body Labor as Primary Vendor and Tandem Staffing and Manpower of Naples as Secondary Vendors. Bid rejected, to be sent out for bid again - 5/0 6 February25,2003 Moved from Item #16A6 H. Final acceptance of water utility facilities for Vista Gardens. Approved - 3/2 (Commissioners Fiala & Coletta opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mr. Warner re: ethics ordinance 12. COUNTY ATTORNEY'S REPORT 13. 14. OTHER CONSTITUTIONAL OFFICERS Ae This item continued from the February 11~ 2003 BCC Meeting. Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. Clerk of Courts Brock suggests thorough evaluation of Consent Items prior to approval without sufficient backup documentation proving emergency. Statutory requirements (F.S. 255.20 -declaring an emergency situation) need to be met before projects can be paid. Clerk of Courts instructed to provide written response as to why BCC Counsel is incorrect in its evaluation of contracts' validity. County Manager and County Attorney to put together all information regarding this issue and meet with Clerk's Staff at BCC-Strategic Workshop. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Naming Policy on Public Buildings - County Manager, Jim Mudd Be Funding Mandates & Welcome to Civic Associations -Commissioner Jim Coletta Ce Do Demolition and Destruction Debris Bill - Commissioner Fred Coyle Staff to prepare and adopt a Resolution at the next meeting concerning issue Waiver and Transfer of the Florida Water Service Sale - Commissioner Tom Henning: Board to respond with "No Thank-You" 7 February 25, 2003 16. CONSENT AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition CARNY-2003-AR-3726, Mr. H.B. "Benny" Starling, Jr., President, Immokalee Chamber of Commerce, requesting a Permit to conduct a Fair from February 26th through March 9th, 2003, at 110 North 1 st Street and East Main Street (S.R. 29) in Immokalee. CP2003-03 2) Request to submit a Grant Application for $200,000 under the Florida Economic Development Transportation Fund Program on behalf of March Performance, pursuant to s.288.106, Florida Statutes; and providing administrative support as local participation in the program. 3) Approve an Agreement to accept an Artificial Reef Grant from the Florida Fish and Wildlife Conservation Committee. 4) Approve FY03/04 Tourist Development Grant Application Forms for Category "B" (Special Events) and Category "C" (Museums), as recommended by the Tourist Development Council. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plats of "Pelican Marsh Unit Three (Phases One and Two)". Res. 2003-85 Moved to Item #10H 6) Final acceptance of water utility facilities for Vista Gardens. 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carlton Lakes Unit No. 1" 8 February25,2003 Res. 2003-86 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Carlton Lakes Unit No. 2". Res. 2003-87 9) Recommendation to authorize the Community Development and Environmental Services Division to enter into contract negotiations with the Bureau of Surveying and Mapping of the Florida Department of Environmental Protection to have Second Order Vertical Control established through Golden Gate Estates, to support the Flood Insurance Rate Maps (FIRM) Restudy and Appeal. In the amount of $50,000 10) Approval of an Intedocal Agreement between Collier County Board of County Commissioners and the City of Naples to administer contracts with Tomasello Consulting Engineers, Inc., for engineering services related to Flood Insurance Rate Maps (FIRM) Restudy and Appeal. Total cost to Collier County not to exceed $243,000 B. TRANSPORTATION SERVICES 1) Request Board approval for the Landscape Maintenance Agreement with Keith Basik and Jeffrey Basik, Principals of Naples Big Cypress, Inc., for the future landscaping and maintenance on Basik Drive. 2) Approve Bid #02-3365, "SR45-US 41 Tamiami Trail North Phase II Streetscape Beautification Project" and award to Vila and Son Landscaping Corporation in the amount of $253,925.84. Withdrawn 3) Approve a Change Order with Better Roads Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. Moved to Item #10F 4) Approve funding in the amount of $116,951 for design and engineering, acquisition of permits, funding strategy and remaining half of project coordination to Woods Hole Group for the Haldeman 0 February 25, 2003 Ce Creek Basin Restoration (A.K.A. Dredging) Project, Contract No. 01- 3216, Project Number 51011. 5) Approve a budget amendment to move $80,703 from the Transportation Maintenance Road & Bridge Operating appropriations into the Capital appropriations to purchase a tractor previously approved by the Board of County Commissioners. PUBLIC UTILITIES 1) 2) Approve TDC Category "A" Grant Application Form. Approve Resolution supporting continued State funding of Coastal Projects. Res. 2003-88 3) 4) 5) 6) Approve Amendment No. 2, Second Extension to the Agreement No. HW465 with the Florida Department of Environmental Protection for Electronics Recycling. As outlined in the Executive Summary Authorize the execution of a Work Order No. UC-016 (Exhibit A) under Contract 02-3345 - Annual Contract for underground construction for relocation work in the amount of $861,421.50 to Cross Country Pipe and Rail Inc., DBA/Cross Country Underground Inc., for the relocation of a 16" water main and a 16" reclaimed water line. As outlined in the Executive Summary Award Annual Contracts to selected firms for Trenchless Sewer System Rehabilitation Contracting Services per Bid 03-3455, Project 73050. Awarded to Insituform Technologies, Inc. and Miller Pipeline Corporation Accept three Grant Agreements from the South Florida Water Management District in the total amount of $150,000. As contained in the Executive Summary 10 February 25, 2003 D. PUBLIC SERVICES ge 1) Approve the Chairman to sign a Training Affiliation Agreement between Collier County and the Cleveland Clinic Hospital-Not to exceed $25,000. For clinical and educational opportunities for County Paramedics 2) Award of Bid #02-3433 for the purchase of EMS uniforms to RSVP Ltd., Inc., for the Emergency Medical Services Department in the estimated annual amount of $95,000. 3) Award Contract #02-3420 "Veterinary Supplies" to the following firms: Burnes Veterinary Supply, Ft. Dodge Animal Health Services, Merritt Veterinary Supply, Schering-Plough, Inc., Suncoast Surgical Supply, Inc., Webster Veterinary Supply, Bayer Corporation, Medal Limited USA, Novartis, Inc., Pfizer Animal Health (Estimated annual amount of total contract for all firms $53,900.) 4) Approval to award Contract #02-3393 to Sparks Exhibits and Environments, Inc., to design, fabricate and install educational exhibits at the Collier County Museum. In the amount of $200,000 ADMINISTRATIVE SERVICES Moved to Item #10G 1) Approve Award of Bid #03-3475 for Temporary Laborers for Collier County to Able Body Labor as Primary Vendor and Tandem Staffing and Manpower of Naples as Secondary Vendors. 2) Award a Contract for Architectural Services in the amount of $500,000 for the design of the new Fleet Facility, RFP #02-3422. 3) Recommendation to declare certain County-Owned Property as Surplus and authorize a sale of the Surplus Property on March 15, 2003. 4) Approval to Award Bid #03-3472 in the amount of $65,000 for "Exterior Pressure Steam Cleaning" to Precision Cleaning, Inc. 11 February 25, 2003 F. COUNTY MANAGER 1) Approve a Budget Amendment to recognize and appropriate revenue of $27,491 from Isles of Capri Fire Control District Impact Fees for equipment expenditures necessitated by new growth. 2) Approval to extend the lease agreement between Collier County and Gulf Shore Associates, Limited Parmership, for Pelican Bay Services Division Offices at a first year's annual rent that will not exceed $24,392. 3) Adoption of a Resolution of the Board of County Commissioners of Collier County, Florida authorizing the issuance by Collier County, Florida of $120,000,000 in aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to provide funds for the principal purposes of financing the costs of various transportation improvements within the County and refinancing certain indebtedness; pledging the money's received by the County from the herein described Gas Tax Revenues to secure payment and interest on said bonds; providing for the rights of the holders of said bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date for this Resolution. Res. 2003-89 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Je 1) Miscellaneous Items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Authorize the Making of an Offer of Judgment to Respondent Jeffrey A. Richardson for the fee taking of Parcel No. 198 in the amount of 12 February25,2003 $6,300 in the Lawsuit Styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Staff directed to deposit $1,100 into the Registry of the Court 2) Authorize the Making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $69,000 in the Lawsuit Styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Staff directed to deposit $7,300 into the Registry of the Court 3) Approve the Agreed Order awarding expert fees relative to the Lawsuit Acquisition of Parcels 167, 767, 867A and 867B in the Lawsuit entitled Collier County v. Wallace L. Lewis, Jr., et al, Case No. 01-0711-CA (Livingston Road, Project No. 60071). As outlined in the Executive Summary 4) Authorize the Making of an Offer of Judgment to Respondents Steven V. Ciardullo and Deborah K. Ciardullo, for the fee taking of Parcel No. 197 in the amount of $6,300 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ux, et al, Case No. 02-2133-CA (Immokalee Road Project #60018). Staff directed to deposit $1,200 into the Registry of the Court 5) Authorize the Making of an Offer of Judgment to Respondents Lawrence A. Krahn, Jr. and Dee Ann L. Krahn, as Trustees under Declaration of Trust dated January 31, 1991, designated as Trust No. 001, for the fee taking of Parcel No. 195 in the amount of $6,300 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ux, et al, Case No. 02-2133-CA (Immokalee Road Project #60018). Staff directed to deposit $700 into the Registry of the Court 6) Authorize the Making of an Offer of Judgment to Respondent Madge Green for the fee taking of Parcel No. 214 in the amount of $3,300 in the Lawsuit styled Collier County v. Efrain Arce, et al, Case No. 02- 2119-CA (Immokalee Road Project #60018). Staff directed to deposit $400 into the Registry of the Court 7) Authorize the Making of an Offer of Judgment to Respondents Darryl J. Damico and Brad T. Damico for the fee taking of Parcel No. 218 in 13 February 25, 2003 17. the amount of $3,300 in the Lawsuit styled Collier County v. Cary B. Collins, et al, Case No. 02-2134-CA (Immokalee Road Project #60018). Staff directed to deposit $400 into the Registry of the Court 8) Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 110C, the acquisition of a perpetual, non- exclusive slope and utility easement of Parcel 510C, and a temporary construction easement for Parcel 710, in the Lawsuit styled Collier County v. G-4 Partnership, et al, (Goodlette-Frank Road, Project No. 60134). Staff directed to deposit $34,955 into the Registry of the Court 9) Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issued in 1999 for Cleveland Clinic Facilities. Res. 2003-90 w/change SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. VA-2002-AR-3322, Jerry Neal, requesting a 7.5 foot variance from the required 7.5 foot setback for dock facilities to zero feet for property located at 86 Dolphin Circle, further described as Lot 86, Isles of Capri Unit 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. Res. 2003-91 14 February 25, 2003 Continued to 3/11/03 Meeting B. Petition AVROW2002-AR2332 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the road right-of-way for Coralwood Drive which was dedicated to the County as 3rd Avenue for Northwest by the Plat of "Golden Gate Estates Unit No. 95", as recorded in Plat Book 9, Page 45, Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East. Ce Approval of an Ordinance amending the quorum requirements for the Black Affairs Advisory Board. Ord. 2003-08 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 February 25, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 25, 2003 Withdraw Item 6B: Public Petition request by Thomas L. Baker to discuss Code Enforcement as it relates to C5 Industrial in J&C Industrial Park. (Petitioner request.) Continue Item 7A Indefinitely: ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Administrative Appeal to official interpretation INTP-2002-AR-2910 concerning the Commercial Infill Provision of the Collier County Growth Management Plan, Future Land Use Element. (Petitioner request.) Add Item 9C: Consideration of a resolution supporting continuation of the State Housing Trust Fund. (Commissioner Fiala.) Move Item 16(A)6 to 10H: Final acceptance of water utility facilities for Vista Gardens. (Commissioner Fiala request.) Withdraw Item 16(B)3: Approve a Change Order with Better Roads, Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. (Staff request.) Move 16(B)4 to 10F: Approve funding in the amount of $116,951 for design and engineering, acquisition of permits, funding strategy and remaining half of project coordination to Woods Hold Group for the Haldeman Creek Basin Restoration (A.K.A. Dredging) Project, Contract No. 01-3216, Project Number 51011. (Commissioner Henning request.) Move Item 16(E)1 to 10G: Approve Award of Bid #03-3475 for temporary laborers for Collier County to Able Body Labor as primary vendor, and Tandem Staffing and Manpower of Naples as secondary vendors. (Commissioner Fiala request.) Notes: Item 16(A)4: Pages 45 and 46 were made a part of this packet in error and is extraneous information. Item 16(F)3: This is an update of the Resolution, Item 10B of the 2/11/03 agenda. Item 16(D)1: The following should have been included in the title: "Not to exceed $26,000 and is appropriated within the EMS budget." TIME CERTAIN ITEMS: Item 8G: To be heard at 10:00 a.m. Items 10A, 10B to be heard consecutively at 1:00 p.m. Items 8A, 8B, 8C, 8D to be heard consecutively at 1:10 p.m. flailed T. ~lley h~ gMmuMy dedicated: thirty-~wo years of leadership a~ s~vi~e to ~disan Communi~ ~o11~, havi~ faith~lly s~ewd an the ~dison ~ommuni~ ~o11~ D/s~ict ~ of T~te~s foe nineteen y~a~, Yearn 7977 ~IHEREA$, n~eds o£ Coil/er Coun~l; and, ~IHEREA$, havin~ chaired the fund-m/sin9 driw fro' the Cailler Countr Campus of Edison · st~blishi~ ~ can~/~s to ~d~o~ an behalf of the c~mpus; and, FVI-IEREA$, his dedication ~ the e#ablishment of a campus in Colli~ CoUn~l was mco~nized by havin~ the campus auditorium named in his honor; and, ~VI4EREA$, Jeann~ ~lley Zn~t~uctian~l Chair for Collier Coun~ since 1999; and, ~VI4EREA$, ~VI4EREA$, he has pr~vCded and, and academic suppo~k to Coil/er ~a//ey ~holarship; and, twanty- f~ur yea~s; $~IHEREA$, ~VI4EREA$, and, anly to Edison in the ~ples Jn Collier of ~, for NOW THEREFORE, of Collier County, sfeadfast and declare DAY AND ORDERED Tt-~$ ~$th Day of February ~005. TOA4 FIEIVtVXNG, CI-IILrRAf~flV PROCLAMA TZON I~VHEREA$, the $o£e use o£ hazardous motemiol is essential to business, industry nad local 9overnments to maintain economic stability, and and, it is essential to plan and pr~por~ for the acc/dental ~lease of hazardous materials and to p~otect the well bein9 of all citizens and visitors in the D/strict; and, r~sponse teams, such as f/~, police, and emergency medical s¢rvices must know the typos o£ hazardous materials and chemicals that a~ bein9 used and stated in the event o£ an incident to respond safely: and, NOW citizens typ s o£ hozm.dous and a Right to Know accident or Know ll~t" enacted b~...:the ~iUn~d States o£ community and hereby in Collier DONE ANb BROCK. CLERK COU~rrY ~COLLZER COU~LORXbA. H/HEREA$, ~VHEREA$, WHEREAS, NOW 'the Coil/er $~h~l RoodiM= Cooliti~, in co~juzti= with the Florida Children'~ Foeum and th~ F/m.ida Stoto l~Jslalure, is celeb~atim2 Children'~ Day du~i~2 the monHI of Feb~¢~l~/ ~005; and, research on br~Jn development indicates that stimulating and nurturing emqronmento during o child's first five years of life are critical to long-term dewlopment and school readiness; and. the ability of Collier County'~ l~nts to work is tied in.irritably to their ability to obtain and aff~d high ¢ua/Jty early education and care pm~ams; busJl~sses and communJtJe~ I~l~fit whtn children at~ peo~fded h(gh ¢~alJfy eae/y ch/Idhaad peo~eams; and, workin~ families must be assured of high quality early childhood programs so that their children will be ready to begin school and to succeed in school; and, by callJ~ af~enn'~n to the need for Cuo/Jty early education and care f~ all your~ children and their families in our community, we hope to impre~ the quality and and, parents. and will demonsfr~to their Collier County of and Families and to odmnc/ng eaely early education and DONE AND ORDERED 7'1~S ~ day of Febeuofy' ~005. BOARD OF COLINT~ TOM HEIVNXtVG, PROCLAMA'I'ZON : WHEREAS, the Veteran's Transportation Program is a cooperative effort between the Board Of County Commissioners and the Collier County Veteran's Council; and, WHEREAS, the goal of this program is to provide free transportation for veterans to VA medical appointments throughout South Florida; and, WHEREAS, the Transportation Pn~gram employs one half-time employee, and utilizes the services of volunteer drivers and office staff; and, WHEREAS, in fiscal year 2002, the Program transported 699 veterans, our volunteer drive~i c~ked2~280 hours, and drove 77,40§ miles; and WHEREAS, our trips WHEREAS,~ VA Medical Clinic; NOW ackn~ledge and toithank~ the voluntee:,. veter~ ~ wish to provided, the DONE AND ORDERED 2003. BOARD OF COUNTY COMMISSIONERS DWIG~ E. BROCK,. CLERK PROCLAMATION multiple sclerosis is one of the most common diseases o£ the central n~vous system e££ectin9 over ~ ~, 000 p~ople in Florida, County alone; and, the National Multiple ~clerosis ~ociety, with its l.qO0 staff and 8~, ~ volunteers nationally has since 1~6 se~ed as the la, st/under o/~ ~$earch worldwide and se~e$ as the pr/ma~ source aY/nYormat/on and se~/ces to ~ople w/th ~ a~ their loved ones; and, the ~outh P/or/da Chapter o£ the National Multiple ~clero~is ~oc/ety provides a w/de variety o£ programs and services to people w/th MS and their Yam/I/es/n Cailler County; and, these free services include support groups, Tai Ch/Aquatics and Physical ~ Men's Retreats, K/ds Cop/n9 Camp, Intera~ in£ormat/on ,~ ~:~ counselin9 and active chapter has £or the and ..~$ raisin9 critical funds its res/dents and sclerosis. We encourage all res/dents o£ Cailler County to take part/n the annual Naples/Collier MS Walk on Sunday, March 9~, 2005. Mu/t/pie acknowledged For o£ Cailler County are cop/n9 with multiple DONE AND ORDeReD TI4~$ 2~th bay o£ February, 2005. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Serv./Planning Person: Susan M ~u_~y Date: {//7/~ ./~°'"~ ~,,,,. (': Petition No. (If none, give brief description): ADA-2002-AR-3455 · Petitioner: (Name & Address): Timothy W. Ferguson, P.A., 800 Laurel Oak Dr., Suite 300, Naples, FI. 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Naples Seventh Day Adventism Church 1055 Pine Ridge Road Naples, Fla. 3od0~ Hearing before [] BCC [] BZA [] Other Requested Hearing date: 2/25/03 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if importan0: XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & comaion location & Size: ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Adminislxative Appeal to Official Interpretation INTP-2002-AR-2910 concerning the Commercial Infill Provision of the Collier County Growth Management Plan, Future Land Use Element. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? XX Yes advertising costs: 113-138312-649110 [] No If Yes, what account should be charged for Departmen~ad Date County Manager List Attachments: DISTRIBUTION INSTRUCTIONS Date Ae For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~[13[0~ Date of Public hearing: ~[Z~[05 Date Advertised: 'z/q January 14, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: ADA-2002-AR-3455 Dear Georgia: Please advertise the above referenced petition on Sunday, February 9, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Enclosure Charge to: Account 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Administrative Appeal to Official Interpretation INTP-2002-AR-2910 concerning the Commercial Infill Provision of the Collier County Growth Management Plan, Future Land Use Element. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk ( SEAL ) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES. FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 14, 2002 Timothy W. Ferguson, P.A. 800 Laurel Oak Drive Suite 300 Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition ADA-2002-AR-3455 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COMER COU~ COU~OUS~ 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 14, 2002 Naples Seventh Day Adventists Church 1055 Pine Ridge Road Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition ADA-2002-AR-3455 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising - ADA-2002-AR-3455 Please advertise the attached notice on Sunday, February 9, Thanks, Trish Minutes & Records ADA-2002-AR-3455 ADA-2002-AR-3455 .doc .doc 2003. Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, January 14, 2003 4:57 PM Patricia L. Morgan Delivery Status Notification (Relay) ATT275253.bd: Advertising - ~DA-2002-AR-3455.. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Patricia L. Morgan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, January 14, 2003 4:49 PM Patricia L. Morgan Delivered: Advertising - ADA-2002-AR-3455 Advertising - ~DA-2002-AR-3455.. <<Advertising - ADA-2002-AR-3455>> Your message To: Georgia (E-mail) Subject: Advertising - ADA-2002-AR-3455 Sent: Tue, 14 Jan 2003 16:55:27 -0500 was delivered to the following recipient(s): legals on Tue, 14 Jan 2003 16:49:07 -0500 Advertising - ADA-2002-AR-3455 Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Tuesday, January 14, 2003 5:00 PM To: Patricia L. Morgan Subject: RE: Advertising - ADA-2002-AR- rcvd georgia ..... Original Message ..... From: Patricia L. Morgan Emailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, 3anuary 14, 2003 4:55 PM To: Georgia (E-mail) Subject: Advertising - ADA-2002-AR-3455 Please advertise the attached notice on Sunday, Thanks, Trish Minutes & Records <<ADA-2002-AR-3455.doc>> <<ADA-2002-AR-3455.doc>> February 9, 2003. 1/15/2003 Naples DaiLy News NapLes, FL 34102 Affidavit of Publication NapLes DaiLy News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138~126~9 58602065 NOTICE OF PUBLIC HEA State of FLorida County of ColLier Before the undersigned authority, personaLLy appeared B. Lamb, vho on oath says that she serves as Assistant Corporate Secretary of the NapLes OaiLy Nevs, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates listed. Affiant further says that the said NapLes DaiLy Nevs is a nevspaper published at NapLes, in said CoLLier County, Florida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubtiction in the said nevspaper. PUBLISHED ON: 02/09 AD SPACE: 102.000 INCH FILED ON: 02/10/03 PersonaLLy known by me ~" '~~'~'f ...p~j~ DOnna Chesney My Commissior~ DD056336 Expires September 11,200§ NOTICi PUBLIC HI Notice is he~ that the Bom tV Cornml .ssh~ let COUNTY ' public hearle day. Februo~ In fha Boar* Floor, Adm Building, Col Oovernmel 3301 East Ta , Naples, FI meeting wi ~.00 A.M. [OF ~ARING eb¥ given d of coun- mrs of Col- viii hold a a on Tue$- ¥ 25, 2_003, room, 3re Inlstrotlon liar Countv it Center,~ 'nloml Troll-I )fido. The II begin at The Bm]rd will conside Petition ADA-2002-AF 3455, Timothy W. F~gl son, P.A., represenTm Nap!es Seventh D~V ventlsts Church, reaue; Ina an Administrative A cone o clal Inflll Provlslan of Collier County Grow Management Plan, F tare Land Use Element. NOTE: Ina to speak on m~ I~ must regis-[ mlnlslrater j~.ler m pre-I sentatlofl at the agend~al Item to be addressea.I Individual speakers be Ilmltod to $ m lion of an Individual t~ ganlzation or group is! encouraged. If recog-! nized by the Chair, a spokesperson for.a group or organization may be allotted 10 min- utes to speak on an item Persons wishing .~. have written or grapmC ma-~ lariats included In thai Board agenda packets[ must submit saldmaterl-I al a minimum f 3 weeks prior to .th~ .re-/ spectlve public, ne( 'lng; In any case, wrme. r. m.a- terlals Intondea ~ ~ ae consldered.by..!t~e.. ! oa~rcl_ ~mum of s ~v..e.n days pr or to the t uDlIC hearing. All ma ~rlal used In prose .nt~, ~ .be. fore the Boara wll De. come a permanen par of ~e record. Anv person who decide' to oppeo o decls!on ~e Board will neea .a. re cord of the proceeamg pertaining thereto on therefore, may need ensure that a verbatl~ record of the procee( Ings s mode, which r~ cord includes the test many and evldenc upon which the appea Is base~ BOARD OF COUNTYi COMMISSIONERS ' COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR' DM~GHT E. BROCK,/ CLERK BY: /s/PatrlcJa L. Mor-~ .%_%_~o~u~ Clerk 7A Collier County, Florida 11/28/84-S50 Clerk to the Board: Please place the following as a: H ~ To: /XXXX/ Normal Legal Advertisement / / Other: (Display Adv.,location, etc.) ~/~.~..****_ .~.~~. /~ ~//~7 Originating Dept/Div: Com. Dev. Serv./Impact Fee Admin. Person~4~J~C~~F~ Date: v . ~ (Sign clearly) -- Petition No. (If none, give brief description): Petitioner: (Name & address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: / X / BCC / / Other hearing ~ Newspaper(s) to be u~ete only if impo--~tant / /, /XXX~fT-- Naples Daily News or legally required /-------/) P--/ Other Proposed Text: (Include legal description & common location a size): A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, THEREBY DECREASING THE WATER IMPACT FEE RATE FROM $2,690PER EQUIVALENT RESIDENTIAL CONNECTION (ERC) TO $2,570 PER ERC .(A DECREASE OF 4.5 PERCENT); AND THEREBY INCREASING THE SEWER IMPACT FEE RATE FROM $2,840 PER ERC TO $2,950 PER ERC (AN INCREASE OF 3.9 PERCENT) FOR ALL CUSTOMER CLASSES; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE TWO OF APPENDIX A; PROVIDING A DELAYED EFFECTIVE DATE OF APRIL 1, 2003. Companion petition(s), if any, & proposed hearing date: Does Petition Pee Include Advertising Cost? Yes /-------/ No /------7- If yes, what account should be charged for advertising costs: 113-138913-649100 Division Head ~ ~//~-~--~ Date //~(-~ ~ County Manager Date List Atta 1) (2) (3) DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: /------7 County Manager agenda file; /-----7 Requesting Division; /------/ Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date ~eceived/.3--0~ Date Advertised RESOLUTION NO. 2003-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, THEREBY DECREASING THE WATER IMPACT FEE RATE FROM $2,690 PER EQUIVALENT RESIDENTIAL CONNECTION (ERC) TO $2,570 PER ERC (A DECREASE OF 4.5 PERCENT); AND THEREBY INCREASING THE SEWER IMPACT FEE RATE FROM $2,840 PER ERC TO $2,950 PER ERC (AN INCREASE OF 3.9 PERCENT) FOR ALL CUSTOMER CLASSES; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE TWO OF APPENDIX A; PROVIDING A DELAYED EFFECTIVE DATE OF APRIL 1, 2003. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board of County Commissioners adopted Resolution No. 2002-88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has recommended that the County increase water plant capacity by thirty (30) million gallons per day and to increase sewer treatment capacity by twenty- seven million and eight hundred thousand (27.8 million) gallons per day over the next ten (10) years, at an estimated cost to future utility system users of approximately five hundred and sixty- five million dollars ($565 million); and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $2,690 per ERC to $2,570 per ERC, a decrease of $120 (a decrease of 4.5 percent); and a sewer impact fee rate increase from $2,840 per ERC to $2,950 per ERC, an increase of $110 (an increase of 3.9 percent) for all customer classes based on their ERC's equivalents; and WHEREAS, the above recommended rate decrease fOr water and rate increase for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended increase to sewer impact fee rate changes, and staff recommends that the Board of County Commissioners adopt this Resolution to implement these recommended changes; and WHEREAS, the Board of County Commissioners accepts the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated be reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of 8:00 A.M. on Tuesday, April 1, 2003. This Resolution is adopted after motion; second and majority vote favoring adoption this day ,2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. By: Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficie.ncy: Thomas C. P~mer,~''~ Assistant County Attorney RESIDENTIAL SINGLE FAMILY (No more than 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL 1~ 2003 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT (Sq. Ft.) FEE 0 to 4,999 Per Unit %" 1.0 eo ~nn nn Sq. Ft. $2,570.00 Over 5,000 Meter Size/ Per N/A Based on Sq. Ft. Per Unit Ordinance Meter Size SEWER IMPACT FEE $2,950.00 $2,8~.0.00 $2,950.00 MULTI-FAMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ R.V. (TTRV) MULTI-FAMILY DUPLEX MOBILE HOME MULTI-FAMILY DUPLEX MOBILE HOME 0 to 750 Per Unit Per .33 $ 90~..00 Sq. Ft. Per Unit Ordinance $ 860.00 Per Unit or Space Per Unit or Space 751 to 1,500 Per Unit Per .67 $ ~ Qa~ naa Sq. Ft. Per Unit Ordinance $ 1,710.00 Per Unit or Space 1,501 or More Per Unit Per 1.0 e,~ 'van an Sq. Ft. Per Unit Ordinance $2,570.00 Per Unit or Space $ 937.L~ $ 980.00 $1,970.00 $2,950.00 NON-RESIDENTIAL: WATER METER SIZE WATER IMPACT FEE SEWER IMPACT FEE 5/8 ~A 1 1½ 2 3 4 6 8 10 12 $ 2,570.00 $ 2,690.00 $ 2,570.00 $ 6,850.00 $ 6,425.00 $. 12,850.00 $ 20,560.00 $ 41,~20.00 $ 64,250.00 $I28,500.00 $23 ! ,300.O0 $372~650.00 $589,100.00 $552,550.00 2,950.00 2,950.00 7,375.00 !~,200.00 14,750.00 23,600.00 A~ AA~ ~ 47,200.00 71 ,~.~ 75,750.00 $~aT,SOO.OO ~61~,6~.~0 ~63a,2so.~ RESIDENTIAL SINGLE FAMILY (No more than 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) MULTI-FAMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ R.V. (TTRV) MULTI-FAMILY DUPLEX MOB ILE HOME MULTI-FAMILY DUPLEX MOBILE HOME APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL II 2003 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT (Sq. Ft.) FEE 0 to 4,999 Per Unit 3A" 1.0 $2,570.00 Sq. Ft. Over 5,000 Meter Size/ Per n/a Based on Sq. Ft. Per Unit Ordinance Meter Size 0 to 750 Per Unit Per .33 $ 860.00 Sq. Ft. Per Unit Ordinance Per Unit or Space Per Unit or Space 751 to 1,500 Per Unit Per .67 $1,710.00 Sq. Ft. Per Unit Ordinance Per Unit or Space 1,501 or More Per Unit Per 1.0 $2,570.00 Sq. Ft. Per Unit Ordinance Per Unit or Space 8A SEWER IMPACT FEE $2,950.00 $2,950.00 $ 980.00 $1,970.00 $2,950.00 NON-RESIDENTIAL: WATER METER SIZE WATER IMPACT FEE SEWER IMPACT FEE s/8 3A 1 1½ 2 3 4 6 8 10 12 $ 2,570.00 $ 2,570.00 $ 6,425.00 $12,850.00 $ 20,560.00 $ 41,120.00 $64,250.00 $128,500.00 $231,300.00 $372,650.00 $552,500.00 $ 2,950.00 $ 2,950.00 $ 7,375.00 $14,750.00 $ 23 600.00 $ 47 200.00 $ 73 750.00 $147 500.00 $265 500.00 $427 750.00 $634 250.00 February 4, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Amendment to Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances Dear Georgia: Please advertise the above referenced petition on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: Account 113-138913-649100 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A Resolution of the Board of County Commissioners of Collier County, Florida, amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, thereby decreasing the water impact fee rate from $2,690 per equivalent residential connection (ERC) to $2,570 per ERC (a decrease of 4.5 percent); and thereby increasing the sewer impact fee rate from $2,840 per ERC to $2,950 per ERC (an increase of 3.9 percent) for all customer classes; the proposed rates specified in revised Schedule Two of Appendix A; providing a delayed effective date of April 1, 2003. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman To: Subject: legals@naplesnews.com Public Hearing Amending Chapter 74 Good Afternoon, Georgia, Please advertise the above referenced notice as per the attached. Thank you. Amend Chapter Amend Chapter 74.doc 7~,.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, February 05, 2003 11:55 AM Ellie J. Hoffman Delivered: Public Hearing Amending Chapter 74 Public Hearing Amending Chapte... <<Public Hearing Amending Chapter 74>> Your message To: legals@naplesnews.com Subject: Public Hearing Amending Chapter 74 Sent: Wed, 5 Feb 2003 12:02:27 -0500 was delivered to the following recipient(s): legals on Wed, 5 Feb 2003 11:54:50 -0500 Public Heating Amending Chapter 74 Page 1 of 1 Ellie J. Hoffman From: legals [legals@naplesnews.com] Sent: Wednesday, February 05, 2003 2:48 PM To: Ellie J. Hoffman Subject: RE: Public Hearing Amending Chapter 74 2/14 ok georgia ..... Original Message ..... From: Ellie .1. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] Sent: Wednesday, February 05, 2003 12:02 PM To: legals@naplesnews.com Subject: Public Hearing Amending Chapter 74 Good Afternoon, Georgia, Please advertise the above referenced notice as per the attached. Thank you. Ellie <<Amend Chapter 74.doc>> <<Amend Chapter 74.doc>> 2/5/2003 NapLes Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFA[~A PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 210111 58605552 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared 0. Lomb, who on oath says that she serve~ as Assistant Corporate Secretary of the Naples Daily News, a daily n~wspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was publishedin said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples~ in said Collier County, Florida, a~d that the said newspaper has heretofore been continuously publist~ed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has n~ither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/14 AD SPACE: 119.000 INCH FZLED ON: 02/14/03 Signature of Affiant Sworn to and Sub,':.:ribcd.b~/~4z[re me ~s~ay of ~.~/, 20~ Personally known by me ~ Donna Chesnw ~ / - ~ ; My Com~ssion D~3~ ~ Expires Septem~r 11, 2~5 NOTICE OF PUBLIC HEARING Notice Is hertby given that the Boara of Coun. tv Commissioners of Coi- l[er County will hold c Rubllc..heerlng on Tues. aay, 'Pebruory 25, In the Boardroom, arc Floor, AdmlnlstrtrNQr Bulldlno~ Collier Cou. nt~ Government Cea?er 3301 East Tumlaml Troll NoPleS~ Florida. Th~ meeting will begin a 9:.00 A.M. A Resolution of the Board of County Com- missioners of Collier County, F.I.orlda, amend. lng Sc~dule Two of pandlx A of Chapter 74 of the Cailler COtlrn~' Code of Lows and Or · nonces, OS emended, the same being the Col. Ilar County Consolidated Impo.ct Fee Ord.lnan.e.e, thsraoy ascreo$1ng ~e water Imoact fee rate from $2,~90 per equlva. lent residential connec. tlon (ERC.) to $2~/0 ~er ERC (a oecrease of 4.~ percest: ~ .a~ thereby.in. creasing rite sewer pact ~ rate ~r_om_~2~0 ERC (an increase of 3.9 parc.eat) for all custom- er c~assee; the ~rOgOsed rates speclfledln re- vised Schedule Two of Appendix A.~ i~ovlding a delayed eTrectlva date of Ai~'II 1, 2003. NOTE: All Persons wishing to speak on ar agenda Item mu~t regl ter with the Coun~A~ minlstrator m'Ior to ~, sentutlon of the agone Item to he addresse Individual ~mOkors w be limited to 5 mtnuh on any Item. The flea of an Individual to ganlzatlon or group Is encouraged. If re. cog- nlzsd by the Choir, a spokesperson ?or a groul~ or organlzatl.onI may oe alloftbd, 10 mm- utes to sgea~ on Onl item. Persons wishing to have[ written or graphic ma.J terlals Included In thai Board agenda Packets muff submit ~k~ matorl-I al o minimum of 3 weeks prior to the re- spective pubtlc hearing.I In any casa, wrlffen mo-i terlpls Intended to bel consldorod by the Boordl shall be submlffed the appropriate Cgunty stuff o minimum o~ sev- en days prior to the pub- llc Searing, used In la~ont~lons fore the Board will be- come o permanent port of the record. Any person who .decides tu oppecl c dec~slon of the Board wlll need {3 re- cOrd of the ~rocsedlngs pertolnlng thereto and therefore, may need to ensure that o verbatim record of the proc. eed- Ings Is mode~ which re-I cord Includes the tosfl-I many.and evldencel upon which the appeal Is based. BOARD OF COUNTYI CO~ISSlONERS I COLLIER COUNTY,I FLORIDA TOM HENNING, CHAIR.i MAN Dw,o.T E. CLERK BY:ciEe~e HaRmon, DaP-I , ..... RESOLUTION NO. 2003- 9 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, THEREBY DECREASING THE WATER IMPACT FEE RATE FROM $2,690 PER EQUIVALENT RESIDENTIAL CONNECTION (ERC) TO $2,570 PER ERC (A DECREASE OF 4.5 PERCENT); AND THEREBY INCREASING THE SEWER IMPACT FEE RATE FROM $2,840 PER ERC TO $2,950 PER ERC (AN INCREASE OF 3.9 PERCENT) FOR ALL CUSTOMER CLASSES; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE TWO OF APPENDIX A; PROVIDING A DELAYED EFFECTIVE DATE OF APRIL 1, 2003. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board of County Commissioners adopted Resolution No. 2002-88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has recommended that the County increase water plant capacity by thirty (30) million gallons per day and to increase sewer treatment capacity by twenty-seven million and eight hundred thousand (27.8 million) gallons per day over the next ten (10) years, at an estimated cost to future utility system users of approximately five hundred and sixty-five million dollars ($565 million); and 8A WHEREAS, the Consultant has recommended a water impact fee rate decrease from $2,690 per ERC to $2,570 per ERC, a decrease of $120 (a decrease of 4.5 percent); and a sewer impact fee rate increase from $2,840 per ERC to $2,950 per ERC, an increase of $110 (an increase of 3.9 percent) for all customer classes based on their ERC's equivalents; and WHEREAS, the above recommended rate decrease for water and rate increase for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended increase to sewer impact fee rate changes, and staff recommends that the Board of County Commissioners adopt this Resolution to implement these recommended changes; and WHEREAS, the Board of County Commissioners accepts the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, attached hereto, and incorporated by reference herein as Exhibit "A" are fair and reasonable and are hereby adopted, to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of 8:00 A.M. on Tuesday, April 1, 2003. This Resolution is adopted after motion; second and majority vote favoring adoption this ~'8~~ ~'gz~, 2], 2003. A~$*T~'..?$i~h'ttI~ l~ll -~ J. BOARD OF COUNTY COMMISSIONERS DW' ~iE. B~ck, el~/'~i, 2' ~: COLLIER COUNTY, FLORDA By,~~ ~, ~~ ~ ~ By: Approved as to form and legal sufficiency: /~/-~ Thomas C. Paln~er, ~:9 Assistant County Attorney RESIDENTIAL SINGLE FAMILY (No more than 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL L 2003 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT (Sq. Ft.) FEE 0 to 4,999 Per Unit 3A" 1.0 .~,v.v.vve'~ ~nc~ nn Sq. Ft. $2,570.00 Over 5,000 Meter Size/ Per N/A Based on Sq. Ft. Per Unit Ordinance Meter Size SEWER IMPACT FEE $2,950.00 $2,950.00 MULTI-FAMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ R.V. (TTRV) MULTI-FAMILY DUPLEX MOBILE HOME MULTI-FAMILY DUPLEX MOBILE HOME 0 to 750 Per Unit Per .33 $ 904.00 Sq. Ft. Per Unit Ordinance $ 860.00 Per Unit or Space Per Unit or Space 751 to 1,500 Per Unit Per .67 $ 1,836.00 Sq. Ft. Per Unit Ordinance $ 1,710.00 Per Unit or Space 1,501 or More Per Unit Per 1.0 Sq. Ft. Per Unit Ordinance $2,570.00 Per Unit or Space $ 980.00 $1,970.00 $2,849.09 $2,950.00 NON~RESIDENTIAL: WATER METER SIZE WATER IMPACT FEE SEWER IMPACT FEE February 25, 2003 5/8 3A 1 1% 2 3 4 6 8 10 12 2,570.00 2,570.00 6,425.00 ~2,85o.oo 20,560.00 4!,100.00 41,120.00 2,950.00 2,950.00 7,375.00 IA ~ ~ 14,750.00 23,600.00 A~ AAh ~ 47,200.00 71,000.00 $ 64,250.00 $128,500.00 $231,300.00 $372,650.00 $552,550.00 $ 73,750.00 · IAO ~t"WI $147,500.00 $265,500.0O ~All Q~ ~ $427,750.00 $634,250.00 RESIDENTIAL SINGLE FAMILY (No more than 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) MULTI-FAMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ R.V. (TTRV) MULTI-FAMILY DUPLEX MOBILE HOME MULTI-FAMILY DUPLEX MOBILE HOME APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL 1~ 2003 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT (Sq. Ft.) FEE 0 to 4,999 Per Unit %" 1.0 $2,570.00 Sq. Ft. Over 5,000 Meter Size/ Per n/a Based on Sq. Ft. Per Unit Ordinance Meter Size 0 to 750 Per Unit Per .33 $ 860.00 Sq. Ft. Per Unit Ordinance Per Unit or Space Per Unit or Space 751 to 1,500 Per Unit Per .67 $1,710.00 Sq. Ft. Per Unit Ordinance Per Unit or Space 1,501 or More Per Unit Per 1.0 $2,570.00 Sq. Ft. Per Unit Ordinance Per Unit or Space 8/1 SEWER IMPACT FEE $2,950.00 $2,950.00 $ 980.00 $1,970.00 $2,950.00 NON-RESIDENTIAL: WATER METER SIZE WATER IMPACT FEE SEWER IMPACT FEE 5/a 3A 1 IV2 2 3 4 6 8 10 12 $ 2,570.00 $ 2,570.0O $ 6,425.00 $12,850.00 $ 20,560.O0 $ 41,120.00 $ 64,250.00 $128,500.00 $231,300.00 $372,650.00 $552,500.00 $ 2,950.00 $ 2,950.00 $ 7,375.0O $14,750.00 $ 23,600.00 $ 47,200.00 $ 73,750.00 $147,500.00 $265,500.00 $427,750.00 $634,25O.00 February 25, 2003 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating Dept/Div: Public Utilities Operations Person: Thomas G. Wides Date: 1/31/03 Petition No. (If none, give brief description): Changes to Collier County Water-Sewer District User Rates Petitioner: (Name & Address): James W. DeLony, Public Utilities Administrator 3301 East Tamiami Trail Naples, Flor/da 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearin6ays before h~'~. ~Agenda date 2/25/03 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other X Legally Required - 10 days before hearing. Proposed Text: (Include legal description & common location & Size: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE WATER, SEWER, FIRE METER AND SURCHARGE RATES BY AMENDING SCHEDULE ONE OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING DELAYED EFFECTIVE DATES. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 210111 Reviewed by: ~~ ~"DTv"~s-~on Admimstrator or Desi~'nee Date List Attachments: Copy of proposed resolution with schedule. DISTRIBUTION INSTRUCTIONS At For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager (Resolution has been submitted and reviewed b~v Assistant County Attorney). The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaim'ng a copy for file. FOR CLERK'S OFFICE USE O{NI/Y: _ ,~at, ~,ece,v,d: ¢ ~l O ~ ~,,~e o~Pub,,c h~ar'ng: _~~__., ,~ate ^dv~,~tis,d: RESOLUTION NO. 2003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE WATER, SEWER, FIRE METER AND SURCHARGE RATES BY AMENDING SCHEDULE ONE OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING DELAYED EFFECTIVE DATES. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water-sewer user rates and directed staff to update the user rates after one year; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non-residential property owner system users within the boundaries of the Collier County Water-Sewer District; and WHEREAS, Collier County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer user rates and to recommend appropriate changes to those rates; the Consultant has recommended rate increases to fund improvements to reliability of water and sewer systems at an estimated cost to the system's users of approximately three hundred and seventy-eight million ($378 million) over the next five (5) years; and WHEREAS, the Consultant has recommended increasing the water and sewer user rates applicable to single family residential, multi-family residential, and commercial customers as specified in the attached amending Schedule One to Appendix A; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and concurs with the recommended increase for water and sewer user rates. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public heating, accepts the Consultant's and staff's recommendation and proclaims that the water and sewer user rates as set forth in the amended Schedule One to Appendix A of Ordinance No. 2001-73, as amended, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule is incorporated herein. These revised water and sewer user rate schedules will take effect at 12:01 A.M. on Wednesday, October 1, 2003 for Fiscal Year 2003, and at 12:01 A.M. on Friday, October 1, 2004 for Fiscal Year 2004. This Resolution is adopted after motion, second and majority vote favoring adoption this __ day of February 2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. By: Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: Thom~t~ ~ 5Phlrh-er, Assistant County Attorney Page 1 of 2 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A- SCHEDULE 1 Summary of Existing and Proposed Rates Water System Existing____ 1. (a) WATER SERVICE AVAILABILITY CHARGES (Residential, Multi-Family, Commercial, and Irrigation Only) Meter Size 5/8" $ ! 2 W' ! 2.00 I" 26A0 1-1/4" 23.60 1-1/2" 50.40 2" 79.20 3" ! 45.40 4" 242A0 6" 482.40 8" 77QA0 Iff' !,394.00 12" ! ,8°,,2.40 Effective October 1, 2003 Proposed (*) Effective October 1, 2004 $12.30 $12.60 12.30 12.60 27.10 27.80 34.40 35.20 51.70 53.00 81.20 83.20 150.10 153.80 248.50 254.60 494.50 506.60 789.70 809.00 1,429.30 1,464.20 1,930.50 1,977.60 (b) VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, Commercial, and Irrigation Only) Block 1 $! .44 Block 2 1.80 Block 3 2.40 Block 4 3.95 Block 5 2.55 Block 6 4.45 $1.48 $1.54 2.10 2.20 2.70 2.90 3.40 3.70 4.10 4.50 4.90 5.50 BLOCK RATE STRUCTURE (Residential, Multi-Family, Commercial, and Irrigation Only) Meter Size Block 1 Block 2 Block 3 Block 4. Block 5 Block 6 5/8" 5,000 10,000 20,000 30,000 50,000 Over 50,000 3/,,, 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 - 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 - 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,00 Over 11,000,000 2. Fire Systems (Dedicated and Compound) (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed/hr fire protection. (ii) Fire Service meter connections that have consumption registerd for three consecutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charges: (i) Per 1,000 gallons $! .5~ $1.48 $1.54 Page 2 of 2 COLLIER COUNTY WATER-SEWER DISTRiCT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 1 3. Water Restriction Surcharge: Water Shortage Percent Reduction in Phase * Overall Demand Flow Charge Rate Adjustment Percentage Phase 1 - Moderate Less Than 15% 15% Phase 2 - Severe Less Than 30% 30% Phase 3 - Extreme Less Than 40% 40% Phase 4 - Critical Less Than 60% 60% * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E-21 of the Florida Administrative Code (FAC). Summary of Existing and Proposed Rates Sewer System Existing__ 4. WASTEWATER SERVICE AVAILABILITY CHARGES Effective October 1, 2003 (Residential, Multi-Family, and Commercial) Meter Size 5/8" $ ! o,,.00 $18.50 W' ! 8.00 18.50 1" 40.95 42.10 1-1/4" 52.~5 53.90 1 - 1/2" 79.20 81.40 2" !25.10 128.60 3" 222.20 238.70 4" 2g5.20 395.90 6" 767.70 789.00 ........ 1.260.80 10" 2,199.40 2,260.50 l 2" 3,259.90 3,350.50 Proposed (*) VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, and Commercial) All Usage (1) $2.22 $2.44 (1) Monthly individually metered residential usage charges are capped at 15,000 gallons. (*) Proposed rates to become effective with service rendered on and after October 1~ of each fiscal year indicated. Effective October/, 2004 $t9.00 19.00 43.20 55.40 83.60 132.10 245.20 406.60 810.30 1,294.90 2,321.60 3,441.00 $2.68 February 4, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider a Resolution increasing the Water, Sewer, Fire Meter and Surcharge Rates within the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance Dear Georgia: Please advertise the above referenced notice on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to Purchase Order #210111 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A Resolution of the Board of County Commissioners of Collier County, Florida, increasing the water, sewer, fire meter and surcharge rates by amending Schedule One of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; providing delayed effective dates. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman From: Sent: To: Subject: Ellie J. Hoffman Wednesday, February 05, 2003 12:18 PM 'legals@naplesnews.com' Increasing Water Sewer Fire Meter Rates 8B Hi Georgia, Please advertise the above notice as per the attached. Thank you. Ellie Increase fire meter Increasing water and surcha.., sewer fire me... Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, February 05, 2003 12:11 PM Ellie J. Hoffman Delivered: Increasing Water Sewer Fire Meter Rates Increasing Water Sewer Fire Me... <<Increasing Water Sewer Fire Meter Rates>> Your To: legals@naplesnews.com Subject: Increasing Water Sewer Fire Meter Rates Sent: Wed, 5 Feb 2003 12:18:25 -0500 was delivered to the following recipient(s): legals on Wed, 5 Feb 2003 12:10:46 -0500 message Increasing Water Sewer Fire Meter Rates Ellie J. Hoffman Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Wednesday, February 05, 2003 2:27 PM To: Ellie J. Hoffman Subject: RE: Increasing Water Sewer Fire Meter Rates 2/14 ok georgia ..... Original Message ..... From: Ellie J. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] Sent.' Wednesday, February 05, 2003 12:18 plVl To: legals@naplesnews.com Subject: Increasing Water Sewer Fire Heter Rates Hi Georgia, Please advertise the above notice as per the attached. Thank you. Ellie <<increase fire meter and surcharge rates.doc>> <<Increasing water sewer fire meter rates.doc>> 2/5/2003 Ellie J. Hoffman From: Sridhar, Bala Sent: Thursday, February 06, 2003 1:12 PM To: Ellie J. Hoffman Cc: Wides, Tom Subject: RE: Hi Ellie: Thank you and please do send the old one by inter-office to my attention. Thanks again. Bala. ..... Original Message ..... From: Ellie J. Hoffman [mailto:Ellie.Hoffman@clerk.collier.fl.us] Sent: Thursday, February 06, 2003 1:10 PM To: Sridhar, Bala Subject: RE: Hi Bala, I received your e-mail with the "revised" schedule. I am replacing the new pages in the Resolution "Increasing the water, sewer, fire meter and surcharge rates by amending Schedule One of Appendix A to Secion Four of the Collier County Ordinance No. 2001-73 ..... Would you like me to send you the "old" pages via inter-office mail? The minutes and records address is: MinutesandRecords@Clerk. Collier. F1.US ..... Original Message ..... From: Sridhar, Bala Sent: Thursday, February 06, 2003 12:53 PM To: Ellie J. Hoffman Cc: Wides, Tom Subject: FW: The e-mail I sent to minutesandrecords@collier.fl.us bounced back. So, I am sending this to you. Please let me know if I mistyped the e-mail address and I will resend it to the correct one. Thanks. Bala. .... Original Message ..... From: sridhar b Sent: Thursday, February 06, 2003 12:50 PM To: ,minutesandrecords@collier.fl.us' Cc: wides tom Subject: To: Ellie Hoffman I am attaching a revised schedule, Appendix A-Schedule 1. The original version an attachment to a Resolution to go to the Board on 2/25/03. This Resolution Title was also submitted for the legal ad. in the paper. As we discussed earlier, please substitute the attached Schedule as an attachment to the Resolution. The Resolution is for water-Sewer User rates and the title of the Resolution reads: A RESOLIYI'ION OF THE BOARD OF COUlq'TY COMMISSIONERS OF COLLIER COU'NTY, FLORIDA, INCREASING THE WATER, SEWER, FIRE METER AND SURCHARGE RATES BY J~d~IEI~DING SCHEDULE ONE OF APPElq'DIX A TO SECTION FOUR OF THE COLLIER COUlq'TY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGUI_~TORY STANDJ~RDS ORDINANCE; PROVIDING DELAYED EFFECTIVE DATES. Please call me (732-2539) or Tom Wides (732-2553) if you have any questions. Could you please confirm receipt of this e-mail. Thanks. Bala M. Sridhar PUD <<user rate schedule 1.doc>> 81t Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 210111 58605546 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples OaiLy News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that thc said Naples Oaily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/14 AD SPACE: 107.000 INCH FILED ON: 02/14/03 Signature of Affiant ,/~ Sworn to and Subscribed · Per~naLly known by me ~o~,~ Donna Ch~ ~fixpires Septe~r~l,2~5 RECEIVED FEB 0 20§3 FINANCE DEPT NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of Coun- ty Camm ssloners of Col. ler County will hold o public h.earlng on Tues. doy. Feoruory 25, 2003~ In fha Boardroom, 3re Floor, Admlnlstratlor Building, Collier Count~ Government Center, 3301 East Tomlaml Troll, Naples, Flor do. The meeting wlll begin at 9.'00 A.M. A Resolution of the Board of County Com- missioners of Collier Courttv, Florida, Increas. lng the .water, s. ewer, fire meter aha sur. charge rates bv amend. ng Schedule One of Ap, oendlx A to 5ectlor Four of the. Collier Coun, ty Ordinance No. 2001-73 titled the Collier Count~ Water. Sewer Dlstrlct Un. , arm Billing. Operating nd Regulatory Stan- ards Ordinance: provld- ~e~d, elaved eHectlve NOTE: All Persons wish. lng t.o .s. peak on an. agenaa rmm _must.req~ tar with the counw A, mlnlstrator prior to pr. sentatlon of the agem Item. to be addresse Individual speakers w be Imlted to 5 mlnu~ on any Item. The sale tlon of an Individual speak on behalf of an or. gonlzatlon ,or .(lroup encourages, n recog, nlzed by the Chair, c spokesperson for c group or organlzatlor may be allotted 10 mln utes to speak on an item. Persons wish ng to have written or graphic ma. terlais included In the Board agenda sackers must submit saldmaterl, a a minimum of weeks prior to the re, spectlve public hearing In any case, wrlffen ma- terials Intended to be considered bv ~e Bonrd sho be submitted to the appropriate C.ounty staff a mlmmum at sev- en days prior to the pub- lic hearing. All material used In prese .nt~oas be- tore the Boaro will be- come a permanent part of the record. Any person who decides to appeal ~ decision of ~e Bonrd will need a cord of the proceedings pertaining thereto end therefore~ may need to ensure that o verbatim record of the proceed- rigs is moae, which re- Cord Includes the testi- mony and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUN'T Y TOM HENNING, CHAIR'i DNL~GHT E BROCK, CLERK BV:clEIIleed< Haffman, Dep-/ RESOLUTION NO. 2003 - 9 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE WATER, SEWER, FIRE METER AND SURCHARGE RATES BY AMENDING SCHEDULE ONE OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING DELAYED EFFECTIVE DATES. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water-sewer user rates and directed staff to update the user rates after one year; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non-residential property owner system users within the boundaries of the Collier County Water-Sewer District; and WHEREAS, Collier County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer user rates and to recommend appropriate changes to those rates; the Consultant has recommended rate increases to fund improvements to reliability of water and sewer systems at an estimated cost to the system's users of approximately three hundred and seventy-eight million ($378 million) over the next five (5) years; and WHEREAS, the Consultant has recommended increasing the water and sewer user rates applicable to single family residential, multi-family residential, and commercial customers as specified in the attached amending Schedule One to Appendix A; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and concurs with the recommended increase for water and sewer user rates. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing, accepts the Consultant's and staff's recommendation and hereby adopts the water and sewer user rates as set forth in the amended Schedule One to Appendix A of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which Schedule One to Appendix A, as amended, is incorporated herein by reference. These revised water and sewer user rate schedules will take effect at 12:01 A.M. on Wednesday, October 1, 2003 for Fiscal Year 2003, and at 12:01 A.M. on Friday, October 1, 2004 for Fiscal Year 2004. This Reso~on is adopted after motion, second and majority vote favoring adoption this ~ day of February 2003. ATTEST i:": :.e: ". BOARD OF C~UNTY COMMISSIONERS Dw i gh t?'" "'~'~ ~ ~;~' ~ C O LLIER ~T Y,,,~}~O RID A .... · ' : ~dpu~y'~le'rk'::?~ ¥~' Tom Henning, Cffai~an ~ ~: :' .~;' ~,~$ to Chal~n's Thoka b: Pa er, Assistant County Attorney Page 1 of 2 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A- SCHEDULE 1 Summary of Existing and Proposed Rates Water System Existing _ Effective October 1, 2003 1. (a) WATER SERVICE AVAILABILITY CHARGES (Residential, Multi-Family, Commercial, and Irrigation Only) Meter Size Proposed (*) 5/8" $!2.0t2 $12.30 $12.60 ~,~,, !2.0'2 12.30 12.60 1" 2.5.40 27.10 27.80 1 - I/4" ~2 ..50 34.40 35.20 1-1/2" 50.~0 51.70 53.00 2" 79.20 81.20 83.20 3" 14.5.40 150.10 .153.80 4" 242.40 248.50 254.60 6" 482.40 494.50 506.60 8" 770.40 789.70 809.00 ~ ~nn rm 1,429.30 1,464.20 12" 1,882.J0 1,930.50 1,977.60 Effective October 1 2004 (b) VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, Commercial, and krigation Only) Block 1 $!.4~. $1.48 $1.54 Block 2 !. 8(,~ 2.10 2.20 Block 3 2.40 2.70 2.90 Block 4 3.05 3.40 .3.70 Block 5 3.65 4.10 4.50 Block 6 4¢~5 4.90 5.50 BLOCK RATE STRUCTURE (Residential, Multi-Family, Commercial, and Irrigation Only) Meter Size Block I Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 5,000 10,000 20,000 30,000 50,000 Over 50,000 ~A" 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 - 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1-1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,00 Over 11,000,000 2. Fire Systems (Dedicated and Compound) (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii) Fire Service meter connections that have consumption registered for three consecutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charges: (i) Per 1,000 gallons $!.~ $1.48 $1.54 February 25, 2003 Page 2 of 2 COLLIER COUNTY WATER-SEWER D1STRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 1 3. Water Restriction Surcharge: Water Shortage Phase * Percent Reduction in Overall Demand Flow Charge Rate Adjustment Percentage Phase 1 - Moderate Less Than 15% 15% Phase 2 - Severe Less Than 30% 30% Phase 3 - Extreme Less Than 40% 40% Phase 4 - Critical Less Than 60% 60% * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 408-21 of the Florida Administrative Code (FAC). Summary of Existing and Proposed Rates Sewer System Effective October 1, 2003 Existing.__ 4. WASTEWATER SERVICE AVAILABILITY CHARGES (Residential, Multi-Family, and Commercial) Meter Size 5/8" $!8.99 $18.50 3A" ! 8.90 18.50 1" 49.95 42.10 1-1/4" 52.45 53.90 l- 1/2" 79.29 81.40 2" !25.!9 128.60 3" 222.29 238.70 4" ~g5.29 395.90 6" 7,57.79 789.00 8" ~ ,-~,< 'm 1.260.80 10" 2,1997.~ 2,260.50 12" ~ '*~n an 3,350.50 Proposed (*) Effective October 1, 2004 $19.00 19.00 43.20 55.40 83.60 132.10 245.20 406.60 810.30 1,294.90 2,321.60 3,441.00 VOLUME CHARGE PER 1,000 GALLONS (Residential, Multi-Family, and Commercial) All Usage (1) $2.22 $2.44 (1) Monthly individually metered residential usage charges are capped at 15,000 gallons. (*) Proposed rates to become effective with service rendered on and after October 1~ of each fiscal year indicated. $2.68 February 25, 2003. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating Dept/Div: Public Utilities Operations Person: Thomas G. Wides Date: 1/31/03 Petition No. (If none, give brief description): Changes to Collier County Water-Sewer District Miscellaneous Fees for Services Petitioner: (Name & Address): James W. DeLony, Public Utilities Administrator 3301 East Tamiarni Trail Naples, Florida 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Agenda date 2/25/03 Newspaper(s) to be used: X Naples Daily News (Complete only if important): [] Other X Legally Required - 10 days before hearing. Proposed Text: (Include legal description & common location & Size: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE MISCELLANEOUS FEES FOR SERVICES, BY AMENDING SCHEDULE SIX OF APPENDIX "A" TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; SPECIFYING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 210111 Reviewed by: sion Administrator or Designee Date List Attachments: Copy of proposed resolution with schedule. DISTRIBUTION INSTRUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to COunty Manager. Note: If legal document is involved, be sure that any necessary legal review, o.r xequest for same, is submitted to County Attorney before submitting to County Manager (Resolution has been submitted and reviewed by Assistant County Attorney). The Manager's office will distribute copies: ~ [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: [-.~'- I~ ~' Date of Public hearing: 27/~ Date Advertised: RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE MISCELLANEOUS FEES FOR SERVICES, BY AMENDING SCHEDULE SIX OF APPENDIX "A" TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; SPECIFYING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; and thereby increased Miscellaneous Fees for Services; and WHEREAS, Collier County expends these Miscellaneous Fees for Services to recover actual costs of time, equipment and materials to perform specified tasks, including, but not limited to, setting up new accounts, to turn on or turn off meters at the meter owner's request, recover duplicate processing fees, or re-read meter; and WHEREAS, these Miscellaneous Fees for Services are based on actual costs and allocated overhead; and WHEREAS, these Miscellaneous Fees for Services are reviewed on an annual basis to try to ensure adequate cost recovery, and in accord with such annual review, staff recommends that these Miscellaneous Fees for services be increased as specified in the attached amended Schedule Six to Appendix A; and WHEREAS, the Collier County Board of County Commissioners accepts staff's recommendations; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby proclaims, after advertised public hearing, that the Miscellaneous Fees and Charges be increased as set forth in the amended Schedule Six of Appendix A (attached hereto) of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule Six of Appendix A is incorporated herein by reference. BE 1T FURTHER RESOLVED that these revised Miscellaneous Fees for Services will take effect at 12:01 A.M. on Wednesday, October 1, 2003. This Resolution is adopted after motion, second and majority vote favoring adoption this day of February 2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. By: Deputy Clerk Tom Henning, Chairman Approved as to form And legal sufficiency: Thomhs-C. Palmer, Assistant County Attorney COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 6 Miscellaneous Fees for Services 1. New Accounts - Change of Ownership 2. Turn -off/mm-on at owner's Request 3. Meter Re-Read 4. Meter Test 5. Meter Lock 6. Meter Unlock 2nd and subsequent events 7. Unlock after hours 8. Meter Removal 9. Illegal Connection 10. Credit Card Handling Charge 11. Temporary Meter Deposit 12. Duplicate Bill Processing Fee 13. Non-Sufficient (NSF) Processing Charge 14. Late Payment Charge $20.00 $30.00 $30.00 $75.00 $50.00 $30.00 $100.00 $100.00 * Actual Time and Material Cost · Plus Average Consumption Charge · Plus $300.00 Fine $5.00 $1,000.00 $1.00 15% of the amount or $100.00 whichever is smaller 5% of unpaid balance February 4, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider a Resolution Increasing the Miscellaneous Fees for Services Within the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance Dear Georgia: Please advertise the above referenced notice on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to Purchase Order #210111 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A Resolution of the Board of County Commissioners of Collier County, Florida, increasing the miscellaneous fees for services, by amending Schedule Six of Appendix ~A" to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; specifying a delayed effective date of October 1, 2003. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which ~he appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman To: Subject: legals@naplesnews.com Public Hearing to Increase Miscellaneous Water/Sewer Fees 8C Good Afternoon Georgia, Please advertise the above referenced notice as indicated. Thank you. Ellie Increasing Increasing liscellaneous Fees...liscellaneous Fees,.. Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, February 05, 2003 12:33 PM Ellie J. Hoffman Delivered: Public Hearing to Increase Miscellaneous Water/Sewer Fees Public Hearing ~ Increase Mis... <<Public Hearing to Increase Miscellaneous Water/Sewer Fees>> To: legals@naplesnews.com Subject: Public Hearing to Increase Miscellaneous Water/Sewer Fees Sent: Wed, 5 Feb 2003 12:40:34 -0500 was delivered to the following recipient(s): legals on Wed, 5 Feb 2003 12:32:51 -0500 Your message Public Heating to Increase Miscellaneous Water/Sewer Fees Ellie J. Hoffman Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Wednesday, February 05, 2003 2:17 PM To: Ellie J. Hoffman Subject: RE: Public Hearing to Increase Miscellaneous Water/Sewer Fees 2/14 OK GEORGIA ..... Original Hessage ..... From: Ellie 3. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] Sent: Wednesday, February 05, 2003 12:41 PM To: legals@na plesnews.com Subject: Public Hearing to Increase Hiscellaneous Water/Sewer Fees Good Afternoon Georgia, Please advertise the above referenced notice as indicated. Thank you. Ellie <<Increasing Miscellaneous Fees.doc>> <<Increasing Miscellaneous Fees.doc>> 2/5/2003 HapLes Daily News Naples/ FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 21011 58605545 NOTICE OF PUBLIC HEA State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb/ who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News/ a daily newspaper published at Naples/ in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples/ in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubtiction in the said newspaper. PUBLISHED ON: 02/14 AD SPACE: 107.000 INCH FILED ON: 02/14/03 Signature of Affiant /~ Sworn to and Subscribed b~ef/~ me ay of , 20 Personally known by me~__ , ~..~qJ~_~?~L~J/ . ~,u. Donna Chesney · · My Commission DD056336 ~'~'~cP~ Expires September 11, 2005 NOTICE OF PUBLIC HEARING Notice Is hereby_ given that the Board Of Court. tv O~mlsslonors of Col. lief County wiU hold public h.eorlng on Tues. day_, Feoruary 25, 2003, In the BoardroOifl, 3rd Foor, Admlnlstratlor Building, Collier Counh Government Center. 3301 East Tamlaml Trail Noples, F orlda. The meeting will begin a' 9'.00 A.M. A Resolution of the Board of County_ Com- m ss oners of Collier County, Florida, Increas. lng the miscellaneous fees for services, by_ amending Sc.h,~dule Slx of Al~en~lx A' to Sec. tlon Four of the Collier County Ordinance No, 2691.7:1, tiffed the Collier trier Uniform Billing, Op. eratlng and Re~uldtor¥ Standards Ormnance specl~lng a delay_ed ef; fectlve date of Octobel 1,200,t ..... I NOTE: All Persons' wishing to speak .on a.ny_ agenda Item mus~ reals- ter with the County Ad- mlnlstrator prior to pre. sentatlon of the agenda Item to be addressed. Indlv dug speakers will be Ilmlted fo 5 minutes on any Item. The selec- tion of an Individual to i speak on behalf of an ganlzatlon or group is encouraged. If re. cog- nlzed by the Chair, a spokesperson for a group or organization may be allotted. 10 mln-[ utes to speak on an Item. Persons w shlng to haYe wrlffen or grophlc mo- terlols included In thel Boord ogendo ooc~ot~l must submIt ~ld' mo~'l-I ol a minimum of 31 wee~s prior ~o the re-I speOlYe public .heorlng. In any ~ose~ wrllten ma-I terlais intended to bel considered bv the Bonrdl shall be submitted roi the appr0Prlato C.ount¥/ stoff a minimum or sev-i en deVs prior 1o the pub-I Ifc hearing. Ail moferlall used In presentations be'/ fore the Board will be-/ come a permanent padl of the record. .An~_p~r~son~_wh, h_0 decldes. I lo- a~pear~__aeeisioh 0~1 · e Board will need a re-I cord o1' the Droceedlngsl pertaining thereto andl therefore, may need roi ensure that a verbatlml · record of the proceod-I Ings ls made, which re-I cord nc udes the tostl-' monv and ev dence upon which the appeal is based. BOARD OF COUNTY ONU~RISSIONERS OLLIER COUNTY, FLORIDA i TOM HENNING~ CHAIR- MAN DWIGHT E. BROCK, CLERK BY: EIIle Hoffman, Dep- uty Clerk ¢SEA3. 8C RESOLUTION NO. 2003- 9 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE MISCELLANEOUS FEES FOR SERVICES, BY AMENDING SCHEDULE SIX OF APPENDIX "A" TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; SPECIFYING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; and thereby increased Miscellaneous Fees for Services; and WHEREAS, Collier County expends these Miscellaneous Fees for Services to recover actual costs of time, equipment and materials to perform specified tasks, including, but not limited to, setting up new accounts, to turn on or turn off meters at the meter owner's request, recover duplicate processing fees, or re-read meter; and WHEREAS, these Miscellaneous Fees for Services are based on actual costs and allocated overhead; and WHEREAS, these Miscellaneous Fees for Services are reviewed on an annual basis to try to ensure adequate cost recovery, and in accord with such annual review, staff recommends that these Miscellaneous Fees for services be increased as specified in the attached amended Schedule Six to Appendix A; and WHEREAS, the Collier County Board of County Commissioners accepts staff's recommendations; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby proclaims, after advertised public hearing, that the Miscellaneous Fees and Charges be increased as set forth in the amended Schedule Six of Appendix A (attached hereto) of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule Six of Appendix A is incorporated herein by reference. BE IT FURTHER RESOLVED that these revised Miscellaneous Fees for Services will take effect at 12:01 A.M. on Wednesday, October 1, 2003. This Resolution is adopted after motion, second and majority vote favoring adoption this ,:ff..5'~' day of February 2003. ATTEST Dwight E. Brock, Clerk ".:'-~ legal suf~hcY: Thomas C. Palmer, Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS By: ~~)'L..~~COLLIER COUNTY, FLORIDA. Tom-Henning," Chairman - iJ/ COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 6 Miscellaneous Fees for Services 1. New Accounts - Change of Ownership 2. Turn -off/turn-on at owner's Request 3. Meter Re-Read 4. Meter Test 5. Meter Lock 6. Meter Unlock 2nd and subsequent events 7. Unlock after hours 8. Meter Removal 9. Illegal Connection 10. Credit Card Handling Charge 11. Temporary Meter Deposit 12. Duplicate Bill Processing Fee 13. Non-Sufficient (NSF) Processing Charge 14. Late Payment Charge $20.00 $30.00 $20.00 $30.00 $75.00 $50.00 $30.00 $100.00 $100.00 * Actual Time and Material Cost · Plus Average Consumption Charge · Plus $300.00 Fine $5.00 $1,000.00 $1.00 15% of the amount or $100.00 whichever is smaller - 5% of unpaid balance To; X Normal legal Advertisement (Display Adv., location, etc.) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Clerk to the Board: Please place the following as a: [] Other: Originating DeptJ Div: Public Utilities Operations Person: Thomas G. Wides Date: 1/31/03 Petition No. (If none, give brief description): Changes to Collier County Water-Sewer District Meter Installation Charges and Backftow Device Charges Petitioner: (Name & Address): James W. DeLony, Pubhc Utilities Administrator 3301 East Tamiami Trail Naples, Florida 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before X BCc BZA Other Requested Hearing date: (Based on advertisement appearing)lays before ~Agenda date 2/25/03~ Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other X Legally Required - 10 days before hearing. Proposed Text: (Include legal description & common location & Size: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING METER INSTALLATION CHARGES (TAPPING FEES) AND BACKFLOW DEVICE CHARGES BY AMENDING SCHEDULE FOUR OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, ENTITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account 'should be charged for advertising costs: 210111 Rev:~iewed by: , ~ ~2~,i~ion Administrator or Designee Date List Attachments: Copy of proposed resolution with schedule. DISTRIBUTION INSTRUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to CounW Attorney before submitting to County Manager (Resolution has been submitted and reviewed by Assistant Coun~ Attorney). The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received:/- 7} ~ ~) 3 Date Advertised: ~.~.~r,~.~ '8D RESOLUTION NO. 2003 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING METER INSTALLATION CHARGES (TAPPING FEES) AND BACKFLOW DEVICE CHARGES BY AMENDING SCHEDULE FOUR OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, ENTITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003. WHEREAS, on December 11,2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, thereby increasing Meter Installation Charges (Tapping Fees) and Backflow Device charges; and WHEREAS, Collier County uses the Tapping Fee and Backflow Device Charge to recover actual costs of time, equipment and materials; and WHEREAS, these Meter Installation Charges (Tapping Fees) are based on the meter size and the costs of installation for a typical single family residence; and WHEREAS, these Fees and Charges are reviewed on an annual basis to try to ensure adequate cost recovery, and in accordance with the annual review, staff recommends that these Tapping Fees and these Backflow Device charges for single family residences be increased as specified in the attached amended Schedule Four of Appendix A; and WHEREAS, the Collier County Board of County Commissioners accepts staff's recommendations. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby proclaims, after advertised public heating, that the Meter Installation Fees and the Backflow Device Charges be increased as set forth in the amended Schedule Four of Appendix A (attached hereto) of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule Four of Appendix A is incorporated by herein by reference. BE IT FURTHER RESOLVED that the revised Tapping Fees and Backflow Device Charges will take effect at 12:01 A.M. on Wednesday October 1, 2003. This Resolution is adopted after motion; second and majority vote favoring adoption this day of February, 2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. By: Deputy Clerk Approved as to form and legal sufficiency: Thol~as 'C. ['almer, Assistant County Attorney Tom Henning, Chairman COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS API'ENDIX A - SCHEDULE 4 Meter Installation Charges (Tapping Fecs) 1. Meter Installation charges to be paid to the District shall be as follows: 2. Meter size meter tapping charges: Meter Tapping Charge Size With Service l.inc Installation Size ~" $292 .OO 57' $562.00 1" $602.00 1" I ~" $809.00 1 55" 2" $85 ! .00 2" $851.00 The fees are based upon meter installation Ibr a typical single-family residence. In all other circumstances, the meter installation fee shall be based upon the district's actual cost t'or time, equipment m~d mater/als. Backflow Device Charges Reduced Pressure Backfiow Prevention Asscmbl~ 1~ Meter Size I'ric~ 'A" $157.1)0_ I" ,~¢t~9-.00 5180. 0 S30~.~ ~ 2" b362 Double Check Valve Backth,v Prevention Asscmbl7 2. MeterSize l'~icc ~" ~_ 104.01~ I ¼" $24&! 2" Meter Tapping Charge Without Service Line Installation $!48.90 $2 ! 8.00 $246.00 $449.00 $494.00 February 4, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re~ Notice of Public Heating to Consider a Resolution increasing meter installation charges (tapping fees) within the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance Dear Georgia: Please advertise the above referenced petition on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to Purchase Order #210111 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A Resolution of the Board of County Commissioners of Collier County, Florida, increasing meter installation charges (tapping fees) and backflow device charges by amending Schedule Four of Appendix A to Section Four of Collier County Ordinance No. 2001-73, entitled the Collier County Water- Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; providing a delayed effective date of October 1, 2003. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ellie Hoffman, Deputy Clerk ( SEAL ) Ellie J. Hoffman To: Subject: legals@naplesnews.com Increase Tapping Fees Hello Again, Georgia, Please advertise the above referenced notice as per the attached. Thank you. Increase tapping Increasing tapping fees.doc fees.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, February 05, 2003 12:08 PM Ellie J. Hoffman Delivered: Increase Tapping Fees Increa~Tapping Fees <<Increase Tapping Fees>> Your message To: legals~naplesnews.com Subject: Increase Tapping Fees Sent: Wed, 5 Feb 2003 12:15:33 -0500 was delivered to the following recipient(s): legals on Wed, 5 Feb 2003 12:07:52 -0500 Increase Tapping Fees Ellie J. Hoffman page 1 of 1 From: legals [legals@naplesnews.com] Sent: Wednesday, February 05, 2003 2:27 PM To: Ellie J. Hoffman Subject: RE: Increase Tapping Fees 2/14 ok georgia ..... Original Message ..... From: Ellie J. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] ~ent: Wednesday, February 05, 2003 12:16 PM To: legals@naplesnews.com Subject: Increase Tapping Fees Hello Again, Georgia, Please advertise the above referenced notice as per the attached. Thank you. Ellie <<Increase tapping fees.doc>> <<Increasing tapping fees.doc>> 2/5/2003 NapLes DaiLy News NapLes/ FL 34102 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 3~101-3016 REFERENCE: 001230 210111 58605547 NOTICE OF PUBL[C HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~vho on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples 0ally News is a newspaper published at Naples/ in said Collier County/ FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida/ each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County/ FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says thaL she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securi.)g this advertisement for pubLiction in the said newspaper. PUBL[SHED ON: 02/14 AD SPACE: qOb.O00 I[lCfl FILED ON: 02/14/03 Signature of Affiant / ......... ~ ........................................ Sworn to and SubscribedJ ~be/rere m~hi, /?~L~aY of~ 20~ ~ Personally known by ma ~ ~.~ ~~ - ~na C~n~ ~ My C~ssion D~5~ ~m ~ Expir~ Se~e~r 11, 2005 NOTICE oF PUBLIC HEARING Notice Is hereby given that the Board of Coun. tv Commissioners of ..Col lief County will bola p. ubllc rheerlng on Tues, ooYj February 25, 2Q_03 In the Booraroom, ar< Floor~ Admlnlstratlo! Bulldlngr Collier Cou~ Government Center 3301 East Tamiaml Tra~ Naples, Florida. Th, meeting will begin 9:00 A miss ond charges I Schedule F dxAtoS Coiller C nonce NO. tied the ~ Water-Se~ itorm BIll and Rog NOTE:. Al Person~, wishing to agenda Item ter with the mln sW~tor Item.to InC#vmual. Si tlo..~ on i gain zatlon. encouragea nlzed bV ti spokespe~ group lot c may t)e MI( utes to s~eak on an Persons wishing .tp. have written .er grapmc ma. terlals included In the Board agenda packet,. must sub.m~ al a minimum week.s prlP.r to the re. spectre pul~llc_.~h?~_ r~ag in on terlno~s C~n~o shall be eubmlffed staff d miqtmu . .eh days l~ler to ~le puc IIc hoarlng, All ..motor. lc used In ~ese .~ot!...s .m tore the Boaro will Df come a permanent pal of the record. Any-per~n. who decide to appeal a decision the Beard will need 9. re ~ cord at the procoaamg / pertaining thereto an / thereTore, may need / ensure tl~at a verbath ! record of the p.r.o~.ee( / Ings Is made, wmcn n I cord includes the test | monv and evldenc / upon which the appea ~ ls basecL [ BOARD OF COUNTY / COMMISSIONERS | COLLIER COUNTY~ ~ FLORIDA [ TOM HENNING, CHAIR. ~, MAN DWIGHT E. BROCK, e Ho~mon, Oep- RESOLUTION NO. 2003 - 9 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING METER INSTALLATION CHARGES (TAPPING FEES) AND BACKFLOW DEVICE CHARGES BY AMENDING SCHEDULE FOUR OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, ENTITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; PROVIDING A DELAYED EFFECTIVE DATE OF OCTOBER 1, 2003 WHEREAS, on December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, thereby increasing Meter Installation Charges (Tapping Fees) and Backflow Device charges; and WHEREAS, Collier County uses the Tapping Fee and Backflow Device Charge to recover actual costs of time, equipment and materials; and WHEREAS, these Meter Installation Charges (Tapping Fees) are based on the meter size and the costs of installation for a typical single family residence; and WHEREAS, these Fees and Charges are reviewed on an annual basis to try to ensure adequate cost recovery, and in accordance with the annual review, staff recommends that these Tapping Fees and these Backflow Device charges for single family residences be increased as specified in the attached amended Schedule Four of Appendix A; and WHEREAS, the Collier County Board of County Commissioners accepts staff's recommendations. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing, hereby adopts the Meter Installation Fees and the Backflow Device Charges as set forth in the amended Schedule Four of Appendix A (attached hereto) of Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which Schedule Four of Appendix A, as amended, is incorporated herein by reference. BE IT FURTHER RESOLVED that the revised Tapping Fees and Backflow Device Charges will take effect at 12:01 A.M. on Wednesday October 1, 2003. This Resolutio,~ is adopted after motion, second and majority vote favoring adoption this ~,~,~' ~ day of February, 2003. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk'-"~"-~ COLLIE~ ~p~oved ~. to'fo~,a!~t~e on l ~. Assist~h~'C6fih~ Attorney COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 4 Meter Installation Charges (Tapping Fees) ~. Meter Installation charges to be paid to the District shall be as follows: ~ 2. Meter size meter tapping charges: Meter Tapping Charge Meter Tapping Charge Size With Service Line Installation Size Without Service Line Installation $562.00 $218.00 1" $602.00 1" $246.00 I ½" $809.00 1 ¢'~" $449.00 2" el~ K. 1 nn 2" $494.00 $851.00 The fees are based upon meter installation for a typical single-family residence. In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backflow Device Charges Reduced Pressure Backflow Prevention Assembly 1_. Meter Size Price $150.00 $I 57.00 I" $ ! 59.00 $180.00 I ½" $282.00 $303.00 $362.00 Double Cheek Valve Backflow Prevention Assembly 2. Meter Size Price 'A" $104.00 l" $99.09 $115.00 l ½" $2~5.00 $261.00 2" $3!!.00 $320.00 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: [] Normal legal Advertisement Clerk to the Board: Please place the following as a: (Display Adv., location, etc.) X Other: Notice of Public Hearing to Amend Ordinance No. 92-60, as amended, on February 25, 2003 Originating Dept/Div: Tourism Department, CDES Person: Jack Wert, Director Date: 1/28/03 Petition No. (If none, give brief description): Amend Ordinance No. 92-60, as amended, concerning the expanded use of Category "B" (Advertising/promotion) Tourist Development Tax Revenues to include the funding of convention centers, tourist bureaus and tourist information centers as county agencies, as recommended by the Tourist Development Council. Petitioner: (Name & Address): Name & Ad&ess of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: 9:00 A.M., February 25, 2003 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other XX[-] Legally Required Proposed Text: (Include legal description & common location & Size: See attached Proposed Notice Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 194 101540 649100 Reviewed by: D. E. "Bleu" Wallace Division Administrator or Designee Date List Attachments: 1) Proposed Notice of Public Hearing; 2) Proposed Ordinance No. 2003- DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: Date Advertised: NOTICE OF PUBLIC HEARING TO AMEND ORDINANCE NO. 92-60, AS AMENDED, CONCERNING THE EXPANDED USE OF CATEGORY "B" (ADVERTISING/PROMOTION) TOURIST DEVELOPMENT TAX REVENUES TO INCLUDE THE FUNDING OF CONVENTION CENTERS, TOURIST BUREAUS AND TOURIST INFORMATION CENTERS AS COUNTY AGENCIES, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL. Tuesday, February 25, 2003 Notice is hereby given that the Collier County Board of County Commissioners will conduct a public hearing for the purpose of receiving public comment regarding a proposed amendment to Ordinance No. 92-60, as amended, concerning the expanded use of Category "B" (Advertising/promotion) Tourist Development Tax revenues to include the funding of convention centers, tourist bureaus and tourist information centers as county agencies, as recommended by the Collier County Tourist Development Council. The public hearing is scheduled as part of the Board of County Commissioners' regular agenda for TUESDAY, FEBRUARY 25, 2003. The meeting is scheduled to begin at 9:00 a.m., in the Board Meeting Room, Third Floor, Harmon Turner Building (Administration) at the Collier County Government Complex, 3301 East Tamiami Trail, Naples, Florida. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record indicates the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk February 4, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Amendment to Ordinance 92-60, as Amended Dear Georgia: Please advertise the above referenced petition on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: Account 194-101540-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 25, 2003, in the Boardroom, 3rd Floor, Administration BUilding, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED, PROVIDING FOR AMENDMENT CONCERNING THE USE OF TAX REVENUES TO EXPAND THE USE OF CATEGORY B USES TO INCLUDE THE FUNDING OF CONVENTION CENTERS, TOURIST BUREAUS AND TOURIST INFORMATION CENTERS AS COUNTY AGENCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 8£ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 24 TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 14 TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED, PROVIDING FOR AMENDMENT CONCERNING THE USE OF TAX REVENUES TO EXPAND THE USE OF CATEGORY B USES TO INCLUDE THE FUNDING OF CONVENTION CENTERS, TOURIST BUREAUS AND TOURIST INFORMATION CENTERS AS COUNTY AGENCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 8[ 23 WHEREAS, Section 125.0104, Florida Statutes provides for the 24 levy of a local option tourist development tax by any county; 25 WHEREAS, the Board of County Commissioners enacted Ordinance 26 No. 92-60, which levied and imposed a tourist and development tax 27 throughout Collier County for the purposes permitted in Section 28 125.0104, Florida Statutes, as amended, and to utilize previously 29 collected tourist development taxes as authorized by Chapters 30 92-175 and 92-204, Laws of Florida, enacted by the Legislature at 31 its regular session of 1992; and 32 WHEREAS, the Board of County Commissioners of Collier 33 County, by an extraordinary vote, desires to amend the uses of 34 tax revenue and the tourist development plan to fund the county's 35 tourism office; and 36 WHEREAS, the proposed amendments were presented to and 37 approved by the Collier County Tourist Development Council. 38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section 126-83 is hereby amended to read as follows: 40 41 42 43 44 45 SECTION ONE: AMENDMENT TO SECTION 126-83 OF COLLIER COUNTY CODE OF LAWS AND ORDINANCES 46 Section 126-83 is hereby amended as follows: 47 Section 126-83 - Uses of tax revenues. 48 (a) . The tax revenues received pursuant to this division 49 shall be used to fund the county tourist development plan, which 50 is hereby amended as follows: 1- Wordsunderlined~eadded;wordss~ruckthrougkaredeleted. ! Tourist Development Plan 2 The two percent tourist development tax was levied 3 throughout Collier County beginning the first day of the second 4 month following approval of this Ordinance by referendum. The 5 tax district includes the entire geographic area of Collier 6 County, Florida. The anticipated revenue for a two percent 7 tourist development tax for all of Collier County over a 24-month 8 period was Seven Million Dollars ($7,000,000.00), less costs of 9 administration. 10 The additional one percent tourist development tax was ]! levied throughout Collier County beginning the first day of ]2 January, 1996. A majority of the electors of Collier County !3 voting in a straw referendum election approved the continuation 14 of the additional one percent tourist development tax prior to 15 June 30, 2000, therefore the additional one percent tourist 16 development tax shall continue until terminated by an amendment 17 to this ordinance. The tax district shall include the entire 18 geographic area of Collier County, Florida. 19 (1) The categories of use of the two percent and one percent 20 tax revenues by specific project or special use are hereby 21 listed in the order of priority: 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CATEGORY A - CATEGORY B - To finance beach park facilities or beach improvement maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue 50% of the 2% tax and 100% of the 1% tax, reduced by the amount required for Category D. To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county aqencies ..... ~ ................. ~= ......... ~ hcrcin. Hcwcvcr, If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of Words underlined are added; words ~truck through are deleted. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CATEGORY C - tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net revenue 23.236% of the 2% tax. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net revenue 26.764% of the 2% tax. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 26.764% of the 2% tax. Sub-categories: C(1): County owned and operated Museums: 19% C(2): Museums owned and operated by non-profit organiza- tions open to the public: 7.764%. CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net revenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. 65 It is the intent of this division that the above uses shall be 66 funded separately, but simultaneously in the above percentages 67 regardless of the actual amount of net revenues collected. Words underlined are added; words ~truck through are deleted. (2) The additional one percent tax revenues collected pursuant to Section 126-82(f) shall be used to finance beach park facilities, beach improvement, restoration and erosion control maintenance shoreline protection, maintenance, renourishment, including pass and inlet enhancement, cleanup or $ 6 restoration of inland lakes and rivers to which there is public 7 access as these uses relate to the physical preservation of the 8 beach, shoreline or inland lake or river. 9 (3) The revenues to be derived from the tourist development ]0 tax may be pledged to secure and liquidate revenue bonds in ]! accordance with the provisions of Section 125.0104, Florida ]2 Statutes. Such revenue bonds and revenue refunding bonds may be ]3 authorized and issued in such principal amounts, with such ]4 interest rates and maturity dates, and subject to such other ]5 terms, conditions and covenants as the governing board of Collier 16 County shall provide. This paragraph shall be full and complete 17 authority for accomplishing such purposes, but such authority 18 shall be supplemental and additional to, and not in derogation 19 of, any powers now existing or later conferred under law. 20 (4) The event bonds are issued by Collier County for any of 2] the purposes enumerated by the Tourist Development Plan, the 22 amount of tourist development tax receipts used to pay debt 23 service on such bonds may exceed the percentages provided for the 24 purpose for which such bonds were issued; provided, however, the 25 maximum annual debt service on such bonds, together with any 26 other obligations of Collier County which were issued to finance 27 improvements for the same purpose and which are secured by the 28 tourist development tax, must not exceed the stated percentage of 29 tourist development tax receipts provided in the Tourist 30 Development Plan for such purposes, as calculated as of the date 3! of sale of such bonds. For purposes of performing the 32 calculations described in this paragraph, the amount of tourist 33 development tax receipts shall be assumed to be the amount 34 provided as such in Collier County's immediately preceding annual 35 audit, plus, if the levy of such tax was imposed or increased 36 subsequent to the beginning of the period which was audited, an 37 amount equal to the estimate by the County Manager of the moneys 4- Wordsunderlinedareadded;wordsstruck~rcu~k~ede!eted. 33 34 35 36 37 38 39 By' 40 41 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMI~ISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk ,Chairman Words underlined are added; words ,;truck tkrc~ugk are deleted. 1 the County would have received if the tax imposition or increase 2 had been in effect during the entire audit period. At or prior 3 to the issuance of bonds the County Manager shall provide a 4 certificate as to the findings required in this paragraph, which 5 certificate shall be conclusive as to all matters provided 6 therein. 7 (b) The above and foregoing Tourist Development Plan may not $ be substantially amended except by ordinance enacted by an 9 affirmative vote of a majority plus one additional member of the 10 Board of County Commissioners. 11 SECTION TWO: CONFLICT AND SEVERABILITY. 12 In the event this ordinance conflicts with any other 13 ordinance of Collier County or other applicable law, the more 14 restrictive shall apply. If any phrase or portion of this 15 ordinance is held invalid or unconstitutional by any court of 16 competent jurisdiction, such portion shall be deemed a separate, 17 distinct, and independent provision and such holding shall not 18 affect the validity of the remaining portion. 19 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 20 The provisions of this Ordinance shall become and be made a part of 21 the Code of Laws and Ordinances of Collier County, Florida. The 22 sections of the Ordinances may be renumbered or relettered to 23 accomplish such, and the word "ordinance" may be changed to 24 "section", "article", or any other appropriate word. 25 SECTION FOUR: EFFECTIVE DATE. 26 This Ordinance shall become effective upon filing with the 27 Secretary of State and a certified copy of this Ordinance shall be 28 filed with the Florida Department of Revenue within 10 days after 29 the adoption of this Ordinance. 30 PASSED AND DULY ADOPTED by a vote of a majority plus one of 31 the Board of County Commissioners of Collier County, Florida, this 32 __ day of , 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Approved as to form and legal sufficiency: Hei~ F .~Ash~on" Assistant County Attorney h:hfa\TDCLamend. Ord.92-60-hfa Words underlined are added; words struck through are deleted. Ellie J. Hoffman To: Subject: legals@naplesnews.com Public Hearing re Category B TD Revenues Hi Georgia, Please advertise the attached as indicated. Thank you, Ellie Amend 92-60.doc Amend 92-60.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, February 05, 2003 12:01 PM Ellie J. Hoffman Delivered: Public Hearing re Category B TD Revenues Public Hearing ~ Ca~gou B T.., <<Public Hearing re Category B TD Revenues>> Your message To: legals@naplesnews.com Subject: Public Hearing re Category B TD Revenues Sent: Wed, 5 Feb 2003 12:08:40 -0500 was delivered to the following recipient(s): legals on Wed, 5 Feb 2003 12:01:05 -0500 Public Hearing re Category B TD Revenues Page 1 of 1 Ellie J. Hoffman From: legals [legals@naplesnews.com] Sent: Wednesday, February 05, 2003 2:41 PM To: Ellie J. Hoffman Subject: RE: Public Hearing re Category B TD Revenues 2/14 OK GEORGIA ..... Original Message ..... From.' EIIie .]. Hoffman [mailto: Ellie. Hoffman@clerk.collier.fl. us] Sent.' Wednesday, February 05, 2003 12:09 PM To: legals@naplesnews.com Subject.' Public Hearing re Category B TD Revenues Hi Georgia, Please advertise the attached as indicated. Thank you, Ellie <<Amend 92-60.doc>> <<Amend 92-60.doc>> 2/5/2003 NapLes DaiLy News NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY COMMISSIONERS CHERt LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 194101540649 58505551 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples 0ally News, a daily newspaper published at Naples, in Collier :aunty, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in ssid Cotti~r County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any persen~ firm or corporation any discount, rebate, commission] or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 02/~ A0 SPACE: ~O.0OO [NCH FILED ON: 02/14/03 ....... ...... ................ .......... Sworn ,o and Subscribed befos'e~me Personally known by me ~-.~ ~. ~ ~,~n~ !/ ~_ ~ ~ My Commisaon Dm563~ ~o~ ~ ~pims Sept~r 11, 2~5 PUBLIC HF--a.RING TO ~ ............................ NANC AMEN lNG 1 USE "B' I ~OT VELt ENU THE VEN TOU AND 'MATI COUN REC( THE OPN ~ NO. )ED, C N.C. ~E EX Al ~ED )F CA ~( )RY )~/ERTI: NG =RO- N)TOL [IS DE- MENT ~ tEV- S TO UDE UNDiN( ~F, :ON- ,O,c .lit E rOURi,~ FOR- ~N CE~ rE S AS rY AGI ~_1 $, AS iMMEI~,~ ) BY ToURI.~ C iVEL- NT COL ClL. Tuesday, FebruarY 25, 2003 Notice Is ! e[eby_glve, n that the C 4tier. ~o_unTY Board of ;aunty cam- m seloners will conduc~ a publlc h arlng for the purpose f re. celvlng public CDr ment reg~r~- lng g pro osed-amend- men! to < rdlnance No. 92-60. as .mended, con- cerning ~e exp, a..n.d(e~ use of Ca egory e..~ : dvertlsl~ i/promotion) Tourist )evelooment Tax reve, ues to Include the fundl ~g of conven- tion cent~ rs, tourist bu- reaus an ~ tourist Infor- marion centers as coun- ty aaencles, as recom- menaed bY the Collier Coun~ Tourist Develop- ment Cquncll, The pub- IIc hearma Is scheduled as p.art of the.Board of county Commissioners'- TUESDAY, 25, 2003. The meeting Is scheduled to begin at. 9:00 a.m., In the Boord[ Meeting Room, Third[ Floor, Rarmon TurneH Building _(Admlnls-tratl°.n]/ at the Collier counrvl Government Complex,I I 3~1 ~st Tamlaml Tmll-I , Nc~ales, Florlcl~. Any person.who, al.acid- es to appeal a aeclsion of t~ls I~ard will need .a record o.t th.e proceea. Ings permlmng thereto, and theref.oc...e .may n~ec to ensure .~aT .a. veto_a_. tim recor, a OT The i ceedlngs IS ~oae,. wmcn record Indicates t.l~.e tes- timony and evmence .up. on. w. hlCh~ the appeal IS TO oe DOSeO. BOARD OF COUN~'Y FLORIDA TOm Hennlng, Chairman By:/s/Maureen Kenyon DepUty Clerk ..... J, Feb~4 ORDINANCE NO. 2003-10 AN ORDINANCE AMENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 24 TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 14 TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED, PROVIDING FOR AMENDMENT CONCERNING THE USE OF TAX REVENUES TO EXPAND THE USE OF CATEGORY B USES TO INCLUDE THE FUNDING OF CONVENTION CENTERS, TOURIST BUREAUS AND TOURIST INFORMATION CENTERS AS COUNTY AGENCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes provides for the levy of a local option tourist development tax by any county; WHEREAS, the Board of County Commissioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at its regular session of 1992; and WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan to fund the county's tourism office; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section 126-83 is hereby amended to read as follows: SECTION ONE: AMENDMENT TO SECTION 126-83 OF COLLIER COUNTY CODE OF LAWS AND ORDINANCES Section 126-83 is hereby amended as follows: Section 126-83 - Uses of tax revenues. (a). The tax revenues received pursuant to this division shall be used to fund the county tourist development plan, which is hereby amended as follows: 1- Wordsunderlinedareadded;wordsstruckthrougharedele~d. Tourist Development Plan percent tourist development The two tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24-month period was Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent tourist development tax was levied throughout Collier County beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this ordinance. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent and one percent tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A - CATEGORY B - To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue 50% of the 2% tax and 100% of the 1% tax, reduced by the amount required for Category D. To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County and to fund convention bureaus, tourist bureaus, tourist. information centers and news bureaus as county hcrcin. ~ If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of Words underlined are added; words struc'~: through are deleted. CATEGORY C - 8£ tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net revenue 23.236% of the 2% tax. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Percen rage of Net revenue 26.764% of the 2% tax. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 26.764% of the 2% tax. Sub-categories: C(1): County owned and operated Museums: 19% C(2): Museums owned and operated by non-profit organiza- tions open to the public: 7.764%. CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net revenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $2OO,OOO. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. Words underlined are added; words gtruck through are deleted. (2) The additional one percent tax revenues collected pursuant to Section 126-82(f) shall be used to finance beach park 8£ facilities, restoration maintenance beach improvement, and erosion control shoreline protection, maintenance, renourishment, including pass and inlet enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (4) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys 4- Wordsunderlinedareadded;wordsstruckthrougharedeleted. 8£ the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. (b) The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State and a certified copy of this Ordinance shall be filed with the Florida Department of Revenue within 10 days after the adoption of this Ordinance. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of 2003. By: BOARD OF COUNTY CO~ISSIONERS COLLIE~UNT~/LORID~ ~ ['/ Tom~en~ing,~irman Words underlined are added; words atruck through are deleted. 8g Approved as to form and legal sufficiency: Heitdi F. Ashton Assistant County Attorney h:hfa\TDChmend. Ord.92-60-hfa Words underlined are added; words struck thrc, ugh are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-10 Which was adopted by the Board of County Commissioners on the 25th day of February, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of February, 2003. DWIGHT E BROCK Clerk of Court~'a'~'~ller Ex-officio t 6~.' Board. County Comm~ss~_~ners , ,. ~, By: Patr~c~a Deputy Cler~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ~'.~:'~i' 8 F XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) OriginatingDept/Div: Comm. Dev. Serv./Planning p~:~Date: I[IO{"~ Petition No. (H none, give brief description): PUDZ-2001-~R-1842, East Gateway Petitioner: Dwight Nadeau, of RWA, Inc., 3050 N. Horseshoe Drive, Suite 270, Naples, Fl. 34104 Name & Address of any person(s) to be notified by Clerk's Office:Thomas G. Eckerty, Trustee, 12734 Kenwood Lane, Suite 89 Fort Myers, Florida 33907 Hearing before [] BCC [] BZA [] Other Requested Hearing date: February 25, 2003. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: PUDZ-2001-AR-1842, Dwight Nadeath of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Trust, requesting a rezone from 3,, RSF4, RlVlF-6, RIVIF-12 AND C-4 to "PUD" Planned Unit Development to be known as the East Gateway PUD allowing commemial retail uses on a 20 acre parcel and induslrial/office park uses on a 17 acre parcel, for property located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (S.R. 84), in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 37.394- acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 113-138312-649110 ~_ed by: Departn~t Head List Attachments: Approved by: Date County Manager Date DISTRIBUTION ll~ ~'11{ U {~' l'll./IN ~ A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any nee~sary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Cl~rk~s Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: I/lb 105 Date of Public hearing: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A, RSF-4, RMF-6, RMF-12, AND C-4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EAST GATEWAY PUD LOCATED IN THE SOUTHWEST QUADRANT OF THE 1-75, EXIT 15 INTERCHANGE, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.39 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadcau, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Turst, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from A, RSF-4, RMF-6, RMF-12 and C-4 to "PUD" Planned Unit Development in accordance with the "East Gateway" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Ma~or~ M. Student ' Assistant County Attorney CdAdmin/PUDZ-2001 -AR- 1842/RB/sp EAST GATEWAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING EAST GATEWAY, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THOMAS G. ECKERTY, TRUSTEE 1-75 EXIT 15 LAND TRUST 12734 KENWOOD LANE, STE. 89 FORT MYERS, FLORIDA 33907-5638 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5435 PARK CENTRAL COURT NAPLES, FLORIDA 34109 REVISED BY: COLLIER COUNTY PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION ON OCTOBER 22, 2001 DATE REVISED BY COLLIER COUNTY: 1/09/03 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL EASTGATEWAYPLq)3.DOC Exhibit "A" 8F TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section W Section V Legal Description, Property Ownership and General Description Project Development Commercial Area Development Standards Industrial/Business Park Development Standards Development Commitments i ii I-1 II-1 III-1 IV-1 V-1 LIST OF EXHIBITS AND TABI,ES EXHIBIT A TABLE I PUD MASTER PLAN PROJECT LAND USE TRACTS STATEMENT OF COMPLIANCE The development of approximately 37.39 acres of property in Collier County as a Planned Unit Development to be known as East Gateway will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial, and industrial\business park land uses of the East Gateway PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property proposed for development is within the Urban Commercial District/Interchange Activity Center Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in Activity Center #9. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. o Development of the East Gateway PUD shall be consistent with the Activity Center #9 Interchange Master Plan. The subject property is located on the southwest quadrant of the 1-75/Exit 15 Interchange. This strategic location allows the site superior access for the placement of commercial and industrial/business park activities. o The project is a mixed-use development located within a designated Activity Center, therefore, the proposed commercial, and industrial/business parkland uses are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The development will be compatible with and complementary to existing and planned surrounding land uses. o The development of the East Gateway PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. o Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The East Gateway PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 10. All final Development Orders within the East Gateway PUD are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the East Gateway PUD. LEGAL DESCRIPTION THE EAST 726 FEET OF THE WEST ½ OF THE SOUTHEAST ¼, LYING SOUTH OF 1-75, IN SECTION 34, TOWNSHIP 49, SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. SAID PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. PROPERTY OWNERSHIP The subject property is owned by the 1-75 Exit 15 Land Trust, Thomas G. Eckerty, Trustee. PHYSICAL DESCRIPTION The development property is located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (State Road 84), in Section 34, Township 49 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, and utilized for cattle grazing. The majority of the property has extensive infestation of the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 9.8' to 11.6' above mean sea level. The site contains areas of jurisdictional wetlands including transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly. The proposed water management regime for the project utilizes detention areas that will result in the post development surface water discharge volume being no more than the pre-development discharge volume. PROJECT DESCRIPTION The East Gateway PUD shall be a mixed-use development, with a commercial development located on the Davis Boulevard frontage, and the industrial/office park development opportunity to be located on the northerly portion of the PUD property. The commercial component of the development is limited to 200,000 square feet of gross leasable floor area, and will be located on a 20+ acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional offices to be located in a shopping center, or developed in out-parcels within the commercial development area. The industrial/office park development is limited to 250,000 square feet of gross leasable floor area, and will be located on a 17+ acre parcel. The industrial/business park land uses may be, but are not required to be, those typically associated with land development activities including but not limited to engineering and surveying offices, building material supply, and home improvement supply. I-1 Each industrial, commercial or industrial/business park land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone services. Additional services will be provided as deemed appropriate. The entire 37.44- acre project is the stormwater management basin. The storm water management system consists of preserve/native vegetation for storm attenuation and dry detention for water quality. A catch basin/culvert system along with overland sheet flow will collect and convey project run-off to the dry detention areas, and to the preserve/native vegetation area once acceptable water quality is achieved. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be discharged through a bleed-down structure into the existing preserve in the Saddlebrook Village PUD to the west. The water control structure for Saddlebrook Village was designed to accommodate the discharge from the proposed The East Gateway PUD. The off-site outfall was constructed during the construction of Saddlebrook Village. Said out- fall is in existence and functional. No further design modifications to the existing system are required. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "East Gateway Planned Unit Development Ordinance". I-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the East Gateway PUD development, as well as other project relationships. 2.2 GENERAL Regulations for development of the East Gateway PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the East Gateway PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be two land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". II-1 2.4 2.5 TABLEI PROJECT LAND USE TRACTS TYPE UNITS/SQ. FT. ACREAGE_+ TRACT "C" COMMERCIAL 200,000 20 TRACT "UB" INDUSTRIAL/ BUSINESS PARK 250,000 17 Note: A Preserve/Conservation Area shall be created within the 37.39 acre property, with a minimum area of 9.34 acres. Areas within the PUD may be excavated and constructed as lakes or, upon approval, may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT INTENSITY A maximum of 200,000 square feet (gross leasable floor area) of commercial development may be constructed in the "C" Commercial Tract. A maximum of 250,000 square feet (gross leasable floor area) of industrial and/or business park development may be constructed in the "UB" Industrial/Business Park Tract. PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a record plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. If required, a preliminary subdivision plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for commercial or industrial/business park development contemplating fee simple ownership of land for each commercial or industrial/business park unit or parcel, shall be required to submit and receive approval of a preliminary subdivision plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. I1-2 2.6 2.7 2.8 2.9 Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. LAKE SETBACK AND EXCAVATIONS Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the East Gateway PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. USE OF RIGHTS-OF-WAY mo All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking required for commercial uses shall be accessed by parking aisles or driveways that are separate from the project's connector road to Bedzel Circle in the 951 Commerce Center PUD. A green space area of not less than ten (10') feet in width as measured from the property line, or edge of pavement, whichever is greater, shall separate any parking aisle or driveway from the project's connector road to Bedzel Circle. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the East Gateway PUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the East Gateway PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 11-3 2.10 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the East Gateway PUD. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved Site Development Plan, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If the fill is spread to a height less than four feet over the development areas, which are depicted on an approved site development plan, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. 2.11 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the East Gateway PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 9.34 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. 2.13 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the East Gateway PUD District on the Official Zoning Map will be governed by the adopted development regulations and PUD Master Plan. 11-4 SECTION III COMMERCIAL DEVELOPMENT AREA 3.1 3.2 3.3 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan. MAXIMUM COMMERCIAL SQUARE FEET The 20+ acre Commercial Development Area (Tract "C"), shall not be developed with more than 200,000 square feet of commercial uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses~' 1) Lumber and other Building Materials Dealers (Group 5211) 2) Paint, Glass, and Wallpaper stores (Group 5231) 3) Hardware stores (Group 5251) 4) Retail Nurseries, Lawn and Garden Supply Stores (Group 5261) 5) General merchandise stores (Groups 5311,5331, 5399) 6) Food stores (Groups 5411-5499) 7) Auto and Home Supply stores (Group 5531)not including any installation facilities. 8) Gasoline Stations (Group 5541) not including service facilities. 9) Carwashes (Group 7542) 10) Apparel and accessory stores (Groups 5611-5699) 11) Home furniture, furnishings, and equipment stores (Groups 5712-5736) 12) Eating and drinking establishments (Group 5812) alcoholic drinks in conjunction with food service and for consumption on the premises. 13) Miscellaneous retail (Groups 5912, 5921, 5941-5949, 5992-5999) not including the retail sale of fireworks. 14) Depository institutions (Groups 6011-6099) 15) Non-depository credit institutions (Groups 6111-6163) 16) Security and commodity brokers (Groups 6211-6289) 17) Insurance carriers (Groups 6311-6399, 6411) 18) Real estate (Groups 6512-6541) 19) Holding offices (6712-6799) 20) Hotels and motels (Group 7011) no more than 150 rooms shall be permitted. 21) Personal services (Groups 7211-7251, 7291-7299) 22) Business Services (Groups 7311, 7334, 7371) 23) Motion Picture and video tape production (Groups 7812-7841) III-1 ~ Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 3.4 24) Legal services (Group 8111) 25) Engineering, accounting, research, and managemem (Groups 8711, 8712, 8721, 8732, 8742, 8743, 8748) no outside equipment storage. 26) Offices of government (Groups 9111-9199) B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: 10,000 square feet. B. MINIMUM LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): mo 1) From Yard: 25 feet or one-half of the building height as measured from grade, whichever is greater. 2) Side Yard: One-half of the building height as measured from grade, with a minimum of 15 feet. 3) Rear Yard: One-half of the building height as measured from grade. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. MINIMUM YARDS AND BUFFERS (EXTERNAL) Land uses proposed on Davis Boulevard (S.R. 84): 50-foot setback from the Davis Boulevard Right-Of-Way. A 25-foot landscape buffer, in accordance with Section 5.11 of this document, and Division 2.2.35 & 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Davis Boulevard. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. 111-2 ,8F MAXIMUM HEIGHT: 35 feet within 60 feet of the Saddlebrook Village PUD. 50 feet in all other areas. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. H. MAXIMUM GROSS LEASABLE FLOOR AREA: 200,000 square feet. I. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. J. OUTSIDE STORAGE: Outside storage is prohibited in this PUD, with the exception that garden centers and covered storage of materials and products shall be permitted. K. ARCHITECTURAL UNIFORMITY: Commercial development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture shall be derived from Division 2.2.35 of the Land Development Code. Commercial development site and building design and other non-residential land uses shall conform to the guidelines and standards of Division 2.8. of the Land Development Code and the Interchange Master Plan for Activity Center #9 Zoning Overlay District. L. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits required complying with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. III-3 SECTION IV INDUSTRIAL/BUSINESS PARK DEVELOPMENT AREA 4.1 PURPOSE 4.2 4.3 4.4 The purpose of this Section is to set forth the development plan for areas designated as Tract "I/B", Industrial/Business Park Development on Exhibit "A", PUD Master Plan. MAXIMUM INDUSTRIAL/BUSINESS PARK SQUARE FEET The +17-acre Industrial/Business Park Development Area (Tract "I/B"), shall not be developed with more than 250,000 square feet of industrial/business park uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses~ (Wholesale and storage uses shall not be permitted immediately adjacent to the 1-75 Right-of-Way): 1) General building contractors (Groups 1521-1542) 2) Construction and special trade contractors (Groups 1711-1799) 3) Building materials (Groups 5211, 5231, 5251) 4) Eating and drinking places (Group 5812) not including fast foods, walk-up windows, and drive-through restaurants. 5) Real estate (Groups 6512-6541) 6) Business Services (Groups 7311, 7331, 7342, 7371-7379, 7382, 7384) 7) Motion Picture and video tape production (Groups 7812-7841) 8) Engineering, testing and business consulting (Groups 8711-8713, 8734, 8748) B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: 20,000 square feet. B. M1NIMUM LOT WIDTH: 100 feet. FLOOR AREA RATIO (FAR): All industrial land uses (as set forth in the I, Industrial district from the Collier County Land Development Code), shall be limited to a 0.45 floor area ratio. Business Park land uses (as set forth in the BP, Business Park district from the Collier County Land Development Code), shall not be limited by a floor area ratio. IV-1 t Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Do MINIMUM YARDS (INTERNAL): 1) Front Yard: 50 feet. 2) Side Yard: The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than 10 feet. 3) RearYard: 15 feet. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 35 feet directly adjacent to the Saddlebrook Village PUD. 50 feet in all other areas. MAXIMUM GROSS LEASABLE FLOOR AREA: 250,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. K° OUTSIDE STORAGE: Outside storage is prohibited in this PUD, with the exception that garden centers and covered storage of materials and products shall be permitted. ARCHITECTURAL UNIFORMITY: Industrial/business park development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture shall be derived from Division 2.2.35 of the Land Development Code. Commercial development site and building design and other non-residential land uses shall conform to the guidelines and standards of Division 2.8. of the Land Development Code and the Interchange Master Plan for Activity Center #9 Zoning Overlay District. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the industrial/business park development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the industrial/business park buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) 3) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the industrial/business park facilities. Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the East Gateway PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: ao The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the East Gateway PUD document. bo The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. V-1 5.4 5.5 The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C. 1 of this document: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. bo Reconfiguration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION mo This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan will be subject to and governed by the following conditions: All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department Of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Co Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. Do External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. v-2 Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. Access as shown on the PUD Master Development Plan is conceptual in nature and subject to change for consistency with the Land Development Code (LDC), as amended, Collier County Access Management Policy, as amended, and the Florida Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. Median access and control will remain under the County's, and the FDOT's authority, as may be applicable. These agencies each reserve the right to modify or close any median openings that have been determined by their respective staffs to have an adverse affect on the health, safety, and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. G. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County, and/or FDOT, by the developer(s), its successor(s) in title, or assignee(s). H. Frontage, midpoint and/or reverse frontage interconnection(s) may be required by Collier County Transportation staff, as a condition of site development plan approval. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other developer(s)/neighboring property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. Jo The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Bicyclist and pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. Ko The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the project entrance(s) prior to the issuance of the first permanent Certificate of Occupancy. Said improvement(s) are considered site related, and therefore do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane and/or right turn lane, are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s). Lo All accesses and roadways not located within the County's and/or FDOT's rights-of- way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). M. Joint access and frontage roads shall be established specifically when frontage is not adequate to meet the access spacing requirements of the Collier County Access Management Policy, as amended, and the Florida Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. N. Access points and median openings shall be designed to provide adequate turning radii and accommodate the U-Turn movement of commercial vehicles. v-3 5.6 5.7 No direct access to the 1-75 Right-of-Way will be permitted. The Davis Boulevard/S.R. 84 Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that additional right-of- way required for the 6-1aning improvements, between Radio Road and Collier Boulevard/CR 951 would be obtained from lands south of the existing Davis Boulevard/SR 84 right-of-way. Should FDOT find additional right-of-way necessary beyond the proposed right-of-way needs, reservation of right-of-way for dedication for improvements to Davis Boulevard/SR 84 must be identified on either the preliminary subdivision plat or site development plan, whichever occurs first. The right-of-way shall be dedicated as fee simple at either the recording of a final plat, prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the right-of-way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/easements or other facilities may be designated within the Davis Boulevard/SR 84 future right-of-way. Qo The development will be limited to 9,400 square feet of shopping center land use, or its traffic impact equivalent, until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 within the area of impact, or it has been demonstrated by generally accepted transportation practices that Davis Boulevard/SR 84 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This limitation may be modified if and when incremental improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to Planning Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Planning Services Staff. Bo An excavation permit will be required for the any proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, except that excavation for water management features shall be allowed within twenty (20') feet from side, rear, or abutting property lines, with side, rear, or abutting property lines fenced. Lakes closer than 50 feet to the property line must be properly fenced. Do Landscaping may be placed within water management areas in compliance with the criteria established in Section 2.4.7.3. of the Collier County Land Development Code. E The wet season water table shall be established at the time of South Florida Water Management District permitting. A South Florida Water Management Permit must be obtained prior to any site development plan or construction plan approval. UTILITIES v-4 The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Co The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project's south boundary. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and Collier County wetland rules. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Commission (FWC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. mo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedules for the removal of exotic vegetation within the conservation/preservation areas. Bo The petitioner shall provide evidence at the time of site development plan review that the South Florida Water Management District (SFWMD) has required mitigation that compensates fully for the on-site loss of wetland functions. 5.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office that may be constructed prior to commencement of infrastructure construction. 5.10 SIGNS All signs shall be in accordance with all applicable provisions of the County's Land Development Code, including, Division 2.5 and the Activity Center #9 Interchange Master Plan. 5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS V-5 5.12 Landscape buffers, berms and walls are permitted as a principal use throughout the East Gateway PUD, except in preserve areas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassedberms 3:1 2) Ground covered berms 3:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical. B. Fencing materials shall be of masonry or similar material. A unified architecturally finished wall with a maximum height of 9 feet, as measured from the finished grade of the ground at the base of the wall, shall be placed along the northern property line at the time of construction of sites adjacent to 1-75. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, 2:1, 1:1, or vertical). Landscape buffering and/or berming shall be installed along the project's frontage on 1-75. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas in accordance with Division 2.4 of the Land Development Code. A wall or fence is required contiguous or opposite residentially zoned properties per Section 2.6.11.4.2 of the Collier County Land Development Code. LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code, and the Activity Center #9 Overlay District regulations. v-6 -F EXHIBIT "I'SF January 14, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Ordinance relating to Petition PUDZ-2001-AR-1842 Dear Georgia: Please advertise the above referenced petition on Sunday, February 9, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Enclosure Charge to: Account 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A, RSF-4, RMF-6, RMF-12, AND C-4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EAST GATEWAY PUD LOCATED IN THE SOUTHWEST QUADRANT OF THE 1-75, EXIT 15 INTERCHANGE, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.39 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUDZ-2001-AR-1842, Dwight Nadeau, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Trust, requesting a rezone from A, RSF-4, RMF-6, RMF-12 and C-4 to "PUD" Planned Unit Development to be known as the East Gateway PUD allowing commercial retail uses on a 20 acre parcel and industrial/office park uses on a 17 acre parcel, for property located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (S.R. 84), in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 37.39+ acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 8F CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 14, 2003 Mr. Dwight Nadeau RWA, Inc. 3050 N. Horseshoe Drive, Suite 270 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ-2001-AR-1842 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COUlEe COU~ COU~OUSE 3301 TAMIAMI 1RAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-30da CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 14, 2003 Mr. Thomas G. Eckerty, Trustee 12734 Kenwood Lane, Suite 89 Ft. Myers, FL 33907 Re: Notice of Public Hearing to consider Petition PUDZ-2001-AR-1842 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. M~ To: Subject: lan Georgia (E-mail) Advertising - PUDZ-2001-AR-1842 F Please advertise the attached notice on Sunday, February 9, 2003. Thanks, Trish Minutes & Records PUDZ-2001 -AR- 184 2.doc PUDZ-2001-AR-184 2.doc Patricia L. Morgan From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, January 14, 2003 4:56 PM Patricia L. Morgan Delivery Status Notification (Relay) 8F ATT275222.txt Advertising - 'UDZ'2001'AR-184"Ttlis is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, January 14, 2003 4:48 PM Patricia L. Morgan Delivered: Advertising - PUDZ-2001-AR-1842 8F Advertising - 'UDZ-2001-AR-184.. <<Advertising - PUDZ-2001-AR-1842>> Your message To: Georgia (E-mail) Subject: Advertising - PUDZ-2001-AR-1842 Sent: Tue, 14 Jan 2003 16:55:05 -0500 was delivered to the following recipient(s) : legals on Tue, 14 Jan 2003 16:48:27 -0500 Advertising - PUDZ-2001-AR-1842 Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Tuesday, January 14, 2003 4:55 PM To: Patricia L. Morgan Subject: RE: Advertising - PUDZ-2001-AR- rcvd georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, 3anuary 14, 2003 4:55 PM To: Georgia (E-mail) Subject: Advertising - PUDZ-2001-AR-1842 Please advertise the attached notice on Sunday, Thanks, Trish Minutes & Records < < P U DZ-2001 -AR- 1842. doc> > <<PUDZ-2001-AR-1842.doc>> February 9, 2003. 1 / 15/2003 NapLes DaiLy News NapLes, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 0012-30 113138312649 58602064 NOT[CE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/09 AD SPACE: 164.000 INCH FILED ON: 02/t0/03 -- NOTICE OF iNTENT TO CONSIDER ORDINANCE Notice Is hereby given 1hot on TUESDAY. Feb. ruor¥ 25, 2003, [n the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 Eost Tomlaml Troll, Noples. Florldo, the Boord t CommIssloners, Court V ' will consider the enaCt. merit of a County Ordi nonce. The commence m y:uv The title of 'the pre~ose~ Ordlnonce 15 os followS: AN ORDINANCE AMENDING ORDI- NANCE NUMBER 91-102, THE COLLIER COUN. TY LAND DEVELOP- MENT CODE. WHICH IN- CLUDES THE COMPRE- HENSIVE ZONING REG- ULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE OFFi- CIAL ZONING ATLAS MAP NUMBERED ~y CHANGI_N.G. THE TION D RSF-4 Develop' os · cons o~ :~,~ Donn~ Ch~ney /~ ~lng. All ~erJ~l __ te o o', ~ ~ U ~c~d of the.~r~e, g~ -- ~ [ ~ertalnlng ~nere~o 9~ __ ~ theref~e, may neea ~ ~kl~ ~ ensure ~ a verbatl~ c~d Incmues me ~ mo~V and evldenc ~lch the appea BOARD OF COUNT~ COOl.lONERS COLLIER COUNTY, FLORIDA TOM ~NNING, CHAIR. DWIGHT E. BROCK, ~K ORDINANCE NO. 03- ] ] 8F AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A, RSF-4, RMF-6, RMF-12, AND C-4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EAST GATEWAY PUD LOCATED IN THE SOUTHWEST QUADRANT OF THE 1-75, EXIT 15 INTERCHANGE, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.39 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Turst, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from A, RSF-4, RMF-6, RMF-12 and C-4 to "PUD" Planned Unit Development in accordance with the "East Gateway" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2~x day of ~:~r'xX3.e'~ ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~AN 2.-25 -03 Ma~ori~M. Student Assistant County Attorney G/Admin/PUDZ-2001 -AR- 1842/RB/sp EAST GATEWAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING EAST GATEWAY, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THOMAS G. ECKERTY, TRUSTEE 1-75 EXIT 15 LAND TRUST 12734 KENWOOD LANE, STE. 89 FORT MYERS, FLORIDA 33907-5638 PREPARED BY: CON SULTIN G 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 2/6/03 2/25/03 2003-11 Exhibit "A" P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Section V Legal Description, Property Ownership and General Description Project Development Commercial Area Development Standards Industrial/Business Park Development Standards Development Commitments i ii I-1 II-1 III-1 IV-1 V-1 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud 10.doc LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I PUD MASTER PLAN PROJECT LAND USE TRACTS i P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc STATEMENT OF COMPLIANCE The development of approximately 37.39 acres of property in Collier County as a Planned Unit Development to be known as East Gateway will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial, and industrial\business park land uses of the East Gateway PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: o o o 10. The subject property proposed for development is within the Urban Commercial District/Interchange Activity Center Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in Activity Center #9. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. Development of the East Gateway PUD shall be consistent with the Activity Center #9 Interchange Master Plan. The subject property is located on the southwest quadrant of the 1-75/Exit 15 Interchange. This strategic location allows the site superior access for the placement of commercial and industrial/business park activities. The project is a mixed-use development located within a designated Activity Center, therefore, the proposed commercial, and industrial/business park land uses are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of the East Gateway PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The East Gateway PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final Development Orders within the East Gateway PUD are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. ii P:~001 ProjectsX01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud 10.doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the East Gateway PUD. LEGAL DESCRIPTION THE EAST 726 FEET OF THE WEST ½ OF THE SOUTHEAST ¼, LYING SOUTH OF 1-75, IN SECTION 34, TOWNSHIP 49, SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF. SAD PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. PROPERTY OWNERSHIP The subject property is owned by the 1-75 Exit 15 Land Trust, Thomas G. Eckerty, Trustee. PHYSICAL DESCRIPTION The development property is located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (State Road 84), in Section 34, Township 49 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, and utilized for cattle grazing. The majority of the property has extensive infestation of the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 9.8' to 11.6' above mean sea level. The site contains areas of jurisdictional wetlands including transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly. The proposed water management regime for the project utilizes detention areas that will result in the post development surface water discharge volume being no more than the pre-development discharge volume. I-1 P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 1.5 PROJECT DESCRIPTION The East Gateway PUD shall be a mixed-use development, with a commercial development located on the Davis Boulevard frontage, and the industrial/office park development opportunity to be located on the northerly portion of the PUD property. The commercial component of the development is limited to 200,000 square feet of gross leasable floor area, and will be located on a 204- acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional offices to be located in a shopping center, or developed in out-parcels within the commercial development area. The industrial/office park development is limited to 250,000 square feet of gross leasable floor area, and will be located on a 17+ acre parcel. The industrial/business park land uses may be, but are not required to be, those typically associated with land development activities including but not limited to engineering and surveying offices, building material supply, and home improvement supply. Each industrial, commercial or industrial/business park land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone services. Additional services will be provided as deemed appropriate. The entire 37.44- acre project is the stormwater management basin. The storm water management system consists of preserve/native vegetation for storm attenuation and dry detention for water quality. A catch basin/culvert system along with overland sheet flow will collect and convey project mn-off to the dry detention areas, and to the preserve/native vegetation area once acceptable water quality is achieved. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be discharged through a bleed-down structure into the existing preserve in the Saddlebrook Village PUD to the west. The water control structure for Saddlebrook Village was designed to accommodate the discharge from the proposed The East Gateway PUD. The off-site outfall was constructed during the construction of Saddlebrook Village. Said out- fall is in existence and functional. No further design modifications to the existing system are required. 1-2 P:\2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 1.6 SHORT TITLE This Ordinance shall be known and cited as the "East Gateway Planned Unit Development Ordinance". I-3 P:L2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the East Gateway PUD development, as well as other project relationships. GENERAL mo Regulations for development of the East Gateway PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the East Gateway PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. mo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. II-1 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS mo The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be two land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". TABLEI PROJECT LAND USE TRACTS TRACT "C" TYPE UNITS/SQ. FT. ACREAGE+ COMMERCIAL 200,000 20 TRACT "I/B" INDUSTRIAL/ BUSINESS PARK 250,000 17 Areas within the PUD may be excavated and constructed as lakes or, upon approval, may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT INTENSITY A maximum of 200,000 square feet (gross leasable floor area) of commercial development may be constructed in the "C" Commercial Tract. A maximum of 250,000 square feet (gross leasable floor area) of industrial and/or business park development may be constructed in the "I/B" Industrial/Business Park Tract. II-2 P:L2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 2.5 2.6 PROJECT PLAN APPROVAL REQUIREMENTS Ao Prior to the recording of a record plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. If required, a preliminary subdivision plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do The development of any tract or parcel approved for commercial or industrial/business park development contemplating fee simple ownership of land for each commercial or industrial/business park unit or parcel, shall be required to submit and receive approval of a preliminary subdivision plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Eo Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. LAKE SETBACK AND EXCAVATIONS Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the East Gateway PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 11-3 P:X2001 Proj ectsX01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud 10.doc 2.7 2.8 2.9 USE OF RIGHTS-OF-WAY mo All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project fights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Bo Off street parking required for commercial uses shall be accessed by parking aisles or driveways that are separate from the project's connector road to Bedzel Circle in the 951 Commerce Center PUD. A green space area of not less than ten (10') feet in width as measured from the property line, or edge of pavement, whichever is greater, shall separate any parking aisle or driveway from the project's connector road to Bedzel Circle. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the East Gateway PUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the East Gateway PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 11-4 P:L2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud 10.doc 2.10 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the East Gateway PUD. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved Site Development Plan, no fencing is required. Do Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. E. Fill storage shall not be permitted in Preserve Areas. 2.11 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the East Gateway PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 9.34 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. The preserve area depicted on Exhibit "A", PUD Master Plan is approximately 5.7 acres, therefore, approximately 3.64 acres of native vegetation shall be planted, and/or retained on-site to satisfy the 9.34 acre requirement. 11-5 P:L?.001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud I 0.doc 2.13 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the East Gateway PUD District on the Official Zoning Map will be governed by the adopted development regulations and PUD Master Plan. II-6 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consu]tation\eastgatewaypudl0.doc SECTION III COMMERCIAL DEVELOPMENT AREA 3.1 3.2 3.3 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan. MAXIMUM COMMERCIAL SQUARE FEET The 20+ acre Commercial Development Area (Tract "C"), shall not be developed with more than 200,000 square feet of commercial uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses~: 1) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 521 - Lumber and other Building Materials Dealers; b. 523 - Paint, Glass, and Wallpaper stores; c. 525 - Hardware stores; d. 526 - Retail Nurseries, Lawn and Garden Supply Stores; e. Major Group 53 - General merchandise stores. 2) Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 3) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: llI-1 ~ Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. P52001 Projects\01-0238.00 East Gateway PUD~0001 General Consultation\eastgatewaypudl0.doc 4) 5) 6) 7) 8) 9) 10) a. 553 - Auto and Home Supply stores, not including any installation facilities; b. 554 - Gasoline Stations, not including service facilities; c 7542 - Carwashes only. Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification Manual. Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 - Fuel Dealers; and not including the retail sale of fireworks. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 rooms shall be permitted. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 - Laundry, Cleaning, and Garment Services, only including 7211 - Power laundries, family and commercial, and 7215 - Coin-operated laundries and dry-cleaning; b. 722 - Photographic Portrait Studios; c. 723 - Beauty Shops; d. 724 - Barber Shops; e. 725 - Shoe Repair Shops and Shoeshine Parlors; 111-2 P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud 10.doc 11) 12) 13) 14) g. 726 - Funeral Service and Crematories; 729 - Miscellaneous Personal Services, only including 7291 - Tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7334 - Photocopying and Duplicating Services; c. 7371 - Computer Programming Services. Establishments operating primarily to produce, distribute, and exhibit motion pictures as defined under Major Group 78 in the Standard Industrial Classification Manual. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 b. 8712 c. 8721 d. 8732 e. 8742 £ 8743 g. 8748 - Engineering Services (no outside equipment storage); - Architectural Services (no outside equipment storage); - Accounting, Auditing, and Bookkeeping Services; - Commercial Economic, Sociological, and Educational Research; - Management Consulting Services; - Public Relations Services; - Business Consulting Services. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 111-3 P:~00I Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. 3.4 DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: 10,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): 1) Front Yard: 25 feet or one-half of the building height as measured from each exterior wall. 2) Side Yard: One-half of the building height as measured from each exterior wall, with a minimum of 15 feet. 3) Rear Yard: One-half of the building height as measured from each exterior wall. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. D. MINIMUM YARDS AND BUFFERS (EXTERNAL) Land uses proposed on Davis Boulevard (S.R. 84): 50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Davis Boulevard Right-Of- Way. A 25 foot landscape buffer, in accordance with Section 5.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Davis Boulevard. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. Fo MAXIMUM HEIGHT: 35 feet directly adjacent to the Saddlebrook Village PUD. 50 feet in all other areas. III-4 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc Ho Ko MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above. MAXIMUM GROSS LEASABLE FLOOR AREA: 200,000 square feet. GAS STATION LOCATION RESTRICTION: Gasoline service stations, as provided for in Subsection 3.3.A.3)b. of this document may only be located east of the PUD project entrance. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. OUTSIDE STORAGE: Outside storage is prohibited in this PUD, with the exception that garden centers and covered storage of materials and products shall be permitted. ARCHITECTURAL UNIFORMITY: Commercial development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD in conformance with the Interchange Master Plan for Activity Center #9. Commercial development site design shall conform with the guidelines and standards of Division 2.8. of the Land Development Code and the Interchange Master Plan for Activity Center #9. III-5 P:L2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc M. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. Ill-6 P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc SECTION IV INDUSTRIAL/BUSINESS PARK DEVELOPMENT AREA 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "UB", Industrial/Business Park Development Area on Exhibit "A", PUD Master Plan. MAXIMUM INDUSTRIAL/BUSINESS PARK SQUARE FEET The 17+ acre Industrial/Business Park Development Area (Tract "I/B"), shall not be developed with more than 250,000 square feet of industrial/business park uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: mo Principal Uses~ (Wholesale and storage uses shall not be permitted immediately adjacent to the 1-75 Right-of-Way): 1) Any business engaged in building construction as defined under Major Group 15 in the Standard Industrial Classification Manual. 2) Any business engaged in construction - special trade contractors as defined under Major Group 17 in the Standard Industrial Classification Manual. 3) Any business as defined in the Standard Industrial Classification Manual for the following categories: a. 521 - Lumber and other Building Materials Dealers; b. 523 - Paint, Glass, and Wallpaper stores; c. 525 - Hardware stores. i Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 4) Any establishment selling prepared foods and drinks for consumption as defined under Industry Number 5812 in the Standard Industrial Classification Manual, not including fast foods, walk-up windows, and drive-through restaurants. 5) Establishments operating primarily in the field of real estate as defined under Major Group 65 in the Standard Industrial Classification Manual. 6) Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 731 - Advertising; b. 733 - Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services; c. 734 - Services to Dwellings and Other Buildings; d. 737 - Personnel Supply Services; e. 7382 - Security Systems Services; f. 7384 - Photofinishing Laboratories. 7) Establishments operating primarily to produce, distribute, and exhibit motion pictures as defined under Major Group 78 in the Standard Industrial Classification Manual. 8) Establishments operating primarily to provide engineering, testing and business consulting for the following Industry Numbers: a. 871 - Engineering, Architectural, and Surveying Services; b. 8734 - Testing Laboratories; c. 8748 - Business Consulting Services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 4.4 DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: 20,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. Co FLOOR AREA RATIO (FAR): All industrial land uses (as set forth in the I, Industrial district from the Collier County Land Development Code), shall be limited to a 0.45 floor area ratio. Business Park land uses (as set forth in the BP, Business Park district from the Collier County Land Development Code), shall not be limited by a floor area ratio. D. MINIMUM YARDS (INTERNAL): 1) Front Yard: 30 feet. 2) Side Yard: The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than 10 feet. A zero lot line option may be used in a unified plan of development involving one or more lots under common ownership where the preceding yard requirements are met relative to the unified plan. 3) Rear Yard: 15 feet. 4) Yards abutting off-site residential land uses: 50 feet. 5) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 35 feet directly adjacent to the Saddlebrook Village PUD. 50 feet in all other areas. G. MAXIMUM GROSS LEASABLE FLOOR AREA: 250,000 square feet. H. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. P:'O.001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud I 0.doc I. OUTSIDE STORAGE: Outside storage is prohibited in this PUD, with the exception that garden centers and covered storage of materials and products shall be permitted. J. ARCHITECTURAL UNIFORMITY: Industrial/business park development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture shall be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD in conformance with the Interchange Master Plan for Activity Center #9. Industrial/business park development site design shall conform with the guidelines and standards of Division 2.8. of the Land Development Code and the Interchange Master Plan for Activity Center #9. K. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the industrial/business park development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the industrial/business park buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the industrial/business park facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. W-4 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN mo Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. V-1 P:L2001 prOjects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypud I 0.doc The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the East Gateway PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: ao The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the East Gateway PUD document. bo The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. Co The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C. 1) of this document: ao Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. Reconfiguration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. V-2 P:X200I Projects\01-0238.00 East Gateway PUD\000I General Consultation\eastgatewaypud 10.doc 5.4 5.5 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. However, given the subject PUD's location on a "currently deficient" State roadway facility, that has no programmed improvement schedule, The time period described by that Section 2.7.3.4 shall not run until roadway capacity has been allocated to the PUD. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: mo All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Bo All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Co Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). Do External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy (CO). V-3 P:X2001 Proj ects\01-0238.00 East Gateway PUD\000 l General Consultation\eastgatewaypud l 0.doc E Road Impact Fees will be paid in accordance with Collier County Ordinance 2001- 13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners (CCBCC). Fo Access as shown on the PUD Master Development Plan is conceptual in nature and subject to change for consistency with the Land Development Code (LDC), as amended, Collier County Access Management Policy, as amended, and the Florida Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. Median access and control will remain under Collier County's, and the Florida Department of Transportation's (FDOT's) authority, as may be applicable. These agencies each reserve the right to modify or close any median openings that have been determined by their respective staffs to have an adverse affect on the health, safety, and welfare of the public. These include but are not limited to safety concerns, operational circulation issues, roadway capacity problems, etc. Go Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against Collier County, and/or the Florida Department of Transportation (FDOT), by the developer(s), its successor(s) in title, or assignee(s). Frontage, midpoint and/or reverse frontage interconnection(s) may be required by Collier County Transportation staff as a condition of site development plan approval. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other developer(s)/neighboring property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. Jo The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Bicyclist and pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier Cotmty Transportation staff. V-4 P52001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl 0.doc Oo The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary mm lane(s) improvement(s) at the project entrance(s) prior to the issuance of the first permanent Certificate of Occupancy. Said improvement(s) are considered site related, and therefore do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane and/or right turn lane, are determined to be necessary, right-of-way and/or compensating fight-of-way, will be provided in conjunction with said improvement(s). All accesses and roadways not located within Collier County's and/or Florida Department of Transportation's (FDOT's) rights-of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint access and frontage roads shall be established specifically when frontage is not adequate to meet the access spacing requirements of the Collier County Access Management Policy, as amended, and the Florida Department of Transportation (FDOT) Access Management On The State Highway System Policy, as amended. Access points and median openings shall be designed to provide adequate turning radii and accommodate the U-Turn movement of commercial vehicles. No direct access to the 1-75 Right-of-Way will be permitted. The Davis Boulevard/S.R. 84 Project Development and Environmental Study prepared by the Florida Department of Transportation (FDOT) identified that additional right-of-way required for the 6-1aning improvements, between Radio Road and Collier Boulevard/CR 951, would be obtained from lands south of the existing Davis Boulevard/SR 84 right-of-way. Should the Florida Department of Transportation (FDOT) find additional right-of-way necessary beyond the proposed right-of-way needs, reservation of right-of-way for dedication for improvements to Davis Boulevard/SR 84 must be identified on either the preliminary subdivision plat or site development plan, whichever occurs first. The right-of-way shall be dedicated as fee simple at either the recording of a final plat, prior to the first certificate of occupancy, or within ninety days of the request by Collier County. Any compensation for the right-of-way will be consistent with the requirements of the Land Development Code (LDC), as amended. No buffers/easements or other facilities may be designated within the Davis Boulevard/SR 84 future right-of-way. V-5 P:L2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 5.6 The development will not be permitted to proceed until such time as improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951, within the area of impact, or it has been demonstrated by generally accepted transportation practices that Davis Boulevard/SR 84 and Collier Boulevard/CR 951 will operate at acceptable levels of service with all, or part of the proposed site impacts. This limitation may be modified if and when incremental improvements are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that additional capacity has been made available for increased development within the area of impact as a result of said improvements. WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to Planning Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Planning Services Staff. An excavation permit will be required for the any proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. Co Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, except that excavation for water management features shall be allowed within twenty (20') feet from side, rear, or abutting property lines, with side, rear, or abutting property lines fenced. Lakes closer than 50 feet to the property line must be properly fenced. Do Landscaping may be placed within water management areas in compliance with the criteria established in Section 2.4.7.3. of the Collier County Land Development Code. Eo The wet season water table shall be established at the time of South Florida Water Management District permitting. Fo A South Florida Water Management Permit must be obtained prior to any site development plan or construction plan approval. V-6 P 52001 Proj ects\01-0238.00 East Gateway PUD\000 l General Consultation\eastgatewaypud 10.doc 5.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Ao Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. Bo All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project's south boundary. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: mo Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and Collier County wetland rules. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Co The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Commission (FWC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. Do An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedules for the removal of exotic vegetation within the conservation/preservation areas. V-7 P52001 Projects\01-0238.00 East Gateway PUD~0001 General Consultation\eastgatewaypudl0.doc 5.9 5.10 5.11 Eo The Preserve associated with the PUD's westerly boundary shall be no less than 116 feet in width. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office that may be constructed prior to commencement of infrastructure construction. SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code, and the Activity Center #9 Interchange Master Plan. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the East Gateway PUD, except in preserve areas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassedberms 3:1 2) Ground covered berms 3:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical. B. Fencing materials shall be of either wood or masonry. Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, 2:1, 1:1, or vertical). Do Landscape buffering and/or berming shall be installed along the project's frontage on 1-75. V-8 P:~2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc 5.12 Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas in accordance with Division 2.4 of the Land Development Code. Fo A 25 foot wide "Type D" buffer, as set forth in Section 2.4.7.4. of the Land Development Code, including a fence/wall, shall be installed parallel with, and along the PUD's westerly boundary, south of the Preserve, extending south to the PUD Property boundary. LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code, and the Activity Center #9 Interchange Master Plan. V-9 P:X2001 Projects\01-0238.00 East Gateway PUD\0001 General Consultation\eastgatewaypudl0.doc STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-11 Which was adopted by the Board of County Commissioners on the 25th day of February, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of February, 2003. DWIGHT E. BROCK Clerk of Cour~s.'.~d~.Clerk Ex-officio. '~.~" ~oa'rd county B P ' '" y: at r~c~a,~ L-... Eolian.; Deputy COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement [] Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dept/Div: : Office of Management & Budgets Person Michael Smykowski Date: February 4, 2003 Petition No. (If none, give brief description): Amend Tourist Development Tax Ordinance Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. February 25, 2003 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PURPOSES OF ACQUIRING rAND CONSTRUCTING VARIOUS TRANSPORTATION-RELATED CAPITAL IMPROVEMENTS' A,2qD REFUNDING CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONI)HOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; AND PROVIDING AN - EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: ._ Does Petition Fee include advertising cost? x Yes [] No If Yes, what account should be charged for advertising costs: 001-101520- 649100 Reviewed by: Michael Smykowski Division Administrator or Designee List Attachments: Ordinance. Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before subnfitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: [] Requesting Division [] Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY_:. _ Date Received '~,~,/~-~' Date of PuUlic hearing: ~ DateAavertised:~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PURPOSES OF ACQUIRING AND CONSTRUCTING VARIOUS TRANSPORTATION-RELATED CAPITAL IMPROVEMENTS AND REFUNDING CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; AND PROVIDING AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1.DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Act" shall mean Chapter 125, Florida Statutes, Sections 206.41,206.47, 206.60, 336.021 and 336.025, Florida Statutes, this Ordinance, the Gas Tax Ordinances, the interlocal agreements relating to the distribution of the Gas Taxes, and other applicable provisions of law. "Board" shall mean the Board of County Commissioners of Collier County, Florida, and any successor thereto. "Bond Resolution" shall mean the resolution of the County providing for the security for the Bonds, the flow of funds, the rights and remedies of the Bondholders and various other terms and details relating to the Bonds, as the same may be amended or supplemented from time to time. "Bonds" shall mean revenue bonds issued by the County pursuant to this Ordinance, payable from the Pledged Funds. "Cost," when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the County's cost of physical construction; (2) costs of acquisition by or for the County of such Project; (3) costs of land and interests therein and the cost of the County incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on Bonds and other obligations relating to the Project during, and if deemed advisable by the County, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the County, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any paying agent, registrar, municipal bond insurer, credit bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the County (other than Bonds) incurred for such Project; (9) costs of machinery or equipment required by the County for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceeds of Bonds pursuant to the Act; and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the County for any such items of Cost heretofore paid by the County and interest on any interfund loan related thereto. The Bond Resolution may provide for additional items to be included in the aforesaid Costs. "County" shall mean Collier County, Florida, a political subdivision of the State of Florida. "Constitutional Gas Tax" shall mean the two-cent fuel tax imposed pursuant to Article IX, Section 16, Florida Constitution, and Sections 206.41 and 206.47, Florida Statutes. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by the Bond Resolution, any additional local option gas tax received by the County pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the County pursuant to the Bond Resolution. "Gas Tax Ordinances" shall mean the ordinances enacted from time to time by the County which imposes the Gas Taxes, including, but not limited to, Ordinance No. 80-50 of the County, enacted on June 3, 1980; Ordinance No. 80-51 of the County, enacted on June 3, 1980; Ordinance No. 99-40 of the County, enacted on May 25, 1999; Ordinance No. 93-48 of the County, enacted on August 3, 1993, as amended by Ordinance No. 2001-26 of the County, enacted on May 8, 2001; each as amended and supplemented from time to time. 2 "Gas Tax Revenues" shall mean the moneys received by the County from the proceeds of that portion of the Gas Taxes which are determined by the County pursuant to the Bond Resolution to be pledged to the payment of the Bonds. "Gas Taxes" shall mean, collectively, all or a portion of the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, the Constitutional Gas Tax, and any other gas tax imposed and/or received by the County which is specifically pledged under the Bond Resolution by the County. The County shall determine pursuant to the Bond Resolution which Gas Taxes shall be pledged to the payment of the Bonds. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the County pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the terms of the Bond Resolution, all moneys in such funds and accounts, including investments thereof, as the County shall determine to pledge pursuant to the Bond Resolution. "Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any lawful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Project shall be set forth in the Bond Resolution or supplemental resolution authorizing the issuance of Bonds which shall finance the acquisition, construction and funding of such Project. "Refunded Bonds" shall mean the County's outstanding Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the County pursuant to the provisions of subsection (2)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by the Bond Resolution, any additional local option gas tax received by the County received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the County pursuant to the Bond Resolution. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Ordinance. Words importing the singular number include the plural number, and vice versa. SECTION 2. FINDINGS. The Board hereby finds and determines as follows: (a) The County has heretofore issued the Refunded Bonds in accordance with the Act. (b) The Board deems it in its best interests to issue Bonds, from time to time, to finance or refinance various Projects which will benefit the health, safety and welfare of the citizens of the County. (c) The Board deems it in its best interests to issue Bonds for the refunding of the Refunded Bonds in order to achieve certain debt service savings and/or to allow Bonds to be issued with a senior lien on and pledge of all of the Gas Tax Revenues. (d) Such Bonds shall be payable from the Pledged Funds as provided in the Bond Resolution and shall not constitute a general debt or obligation of the County. Such Bonds shall never be payable from any ad valorem tax levied within the County. SECTION 3.ISSUANCE OF REVENUE BONDS. (a) The Board shall have the power and it is hereby authorized to provide pursuant to the Bond Resolution, at one time or from time to time in series, for the issuance of Bonds of the County payable from the Pledged Funds as provided in the Bond Resolution, or notes in anticipation thereof, for one or more of the following purposes: (1) paying all or a part of the Cost of one or more Projects, (2) refunding any Bonds or other indebtedness of the County, (3) funding a debt service reserve account, (4) capitalizing interest on the Bonds, and (5) paying costs of issuance relating to the Bonds. The principal of and interest on each series of Bonds shall be payable from the Pledged Funds, as determined pursuant to the Bond Resolution. The County may grant a lien upon and pledge of the Pledged Funds in favor of the holders of each series of Bonds in the manner and to the extent provided in the Bond Resolution. Such Pledged Funds shall immediately be subject to such lien without any physical delivery thereof and such lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County. 4 (b) The Bonds of each series shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding 40 years from their date or dates, may be made redeemable before maturity, at the option of the County, at such price or prices and under such terms and conditions, all as shall be determined by the Board pursuant to the Bond Resolution. The Board shall determine the form of the Bonds, the manner of executing such Bonds, and shall fix the denomination or denominations of such Bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the State of Florida. In case any officer whose signature or a facsimile of whose signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The Board may sell such Bonds in such manner and for such price as it may determine to be in the best interests of the County in accordance with the terms of the Bond Resolution. In addition to the Pledged Funds, the Bonds may be secured by such credit enhancement as the Board determines to be appropriate pursuant to the Bond Resolution. The Bonds may be issued as capital appreciation bonds, current interest bonds, term bonds, serial bonds, variable rate bonds or any combination thereof, all as shall be determined pursuant to the Bond Resolution. (c) Prior to the preparation of definitive Bonds of any series, the Board may, under like restrictions, issue interim receipts, interim certificates or temporary Bonds exchangeable for definitive Bonds when such Bonds have been executed and are available for delivery. The Board may also provide for the replacement of any Bonds which shall become mutilated, or be destroyed or lost. Bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Ordinance. (d) The proceeds of any series of Bonds shall be used for such purposes, and shall be disbursed in such manner and under such restrictions, if any, as the Board may provide pursuant to the Bond Resolution. (e) The Bond Resolution may also contain such limitations upon the issuance of additional Bonds as the Board may deem proper, and such additional Bonds shall be issued under such restrictions and limitations as may be prescribed by such Bond Resolution. The Bond Resolution may contain such provisions and terms relating to the Bonds and the Pledged Funds as shall not be inconsistent herewith. (f) The County may enter into such hedge, swap and derivative agreements in regard to the Bonds as it deems appropriate. Obligations relating to such agreements shall be secured as provided in the Bond Resolution. 5 SECTION 4. TAXING POWER NOT PLEDGED. (a) Bonds issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation debt of the County or a pledge of the faith and credit of the County, but such Bonds shall be payable solely from the Pledged Funds and any moneys received from credit enhancers of the Bonds, all in accordance with the terms of the Bond Resolution. (b) The issuance of Bonds under the provisions of this Ordinance shall not directly or indirectly or contingently obligate the County to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such Bonds shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the County to pay any such Bonds or the interest thereon or to enforce payment of such Bonds or the interest thereon against any property of the County, nor shall such Bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of the County, except the Pledged Funds in accordance with the terms of the Bond Resolution. SECTION 5. TRUST FUNDS. All moneys received pursuant to the authority of this Ordinance, whether as proceeds from the sale of Bonds or the Pledged Funds, shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the Bond Resolution. Such Pledged Funds may be invested by the County, or its designee, in such manner as provided in the Bond Resolution. SECTION 6.REMEDIES OF BONDHOLDERS. Any holder of Bonds, except to the extent the rights herein given may be restricted by the Bond Resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the County or the Board or by any officer thereof. SECTION 7.ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof. SECTION 8. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the validity or enforcement of any of the remaining provisions hereof. This Ordinance shall take precedence over and supersede any other ordinance or resolution of the County to the extent of any conflict or inconsistency therewith. 6 SECTION 9. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in the Department of State by the Clerk within ten days after enactment by tl'/e Board and shall take effect upon filing. DULY ENACTED in regular session, this __ day of February, 2003. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN Clerk Approved as to form and legal sufficiency: Chief Assistant County Attorney 7 February 5, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Ordinance Authorizing the Issuance of Revenue Bonds Payable from Various Gas Tax Revenues Dear Georgia: Please advertise the above referenced petition on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to Account #001-101520-649100 8G NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, FEBRUARY 25, 2003, in the Boardroom, 3rd Floor, Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PURPOSES OF ACQUIRING AND CONSTRUCTING VARIOUS TRANSPORTATION- RELATED CAPITAL IMPROVEMENTS AND REFUNDING CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 8G Ellie J. Hoffman To: Subject: legals@naplesnews.com Public Hearing re Gas Tax Revenues Good Afternoon, Georgia, Please advertise the above referenced notice as indicated on the attached. Thank you. Ellie Gas Tax Revenues.doc Gas Tax Revenues.doc 8G Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, February 06, 2003 2:45 PM Ellie J. Hoffman Delivered: Public Hearing re Gas Tax Revenues Public Hearing m Gas Tax Reve... <<Public Hearing re Gas Tax Revenues>> Your message To: legals@naplesnews.com Subject: Public Hearing re Gas Tax Revenues Sent: Thu, 6 Feb 2003 14:52:15 -0500 was delivered to the following recipient(s): legals on Thu, 6 Feb 2003 14:44:32 -0500 Public Heating re Gas Tax Revenues Page 1 of 1 Ellie J. Hoffman From: legals [legals@naplesnews.com] Sent: Thursday, February 06, 2003 3:33 PM To: EIlie J. Hoffman Subject: RE: Public Hearing re Gas Tax Revenues 2/14 ok georgia ..... Original Message ..... From= Ellie .1. Hoffman [mailto:Ellie. Hoffman@¢lerk.collier,fl.us] Sent: Thursday, February 06, 2003 2:52 PM To: legals@naplesnews.com Subject: Public Hearing re Gas Tax Revenues Good Afternoon, Georgia, Please advertise the above referenced notice as indicated on the attached. Thank you. <<Gas Tax Revenues.doc>> <<Gas Tax Revenues.doc>> 8G 2/6/2003 NapLes Dail~ News Naples, FL 34102 Affidavit of Publication Haples Daily News BOARD OF COUNFY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 341U1"3016 REFERENCE: 001233 001101520~49 58605578 NOTICE OF INTENT 'TO State of Florida County of Collier Before the unc!ersig~=ed authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier Cour;Ly, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further say~ that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says ti;at she has neither paid nor promised any pers~, firm or corporation any discount, rebate, commission or refu]~d for the purpose of 5ecuri,g this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/14 AD SPACE: 129.000 FILED ON: 02/14/03 Signature of Affiant .//~ ~ ~ -- S~orn to and Subscribed Personally known by ,e_'~' ~ /~'~~ ' ~q~ ~nna Ch~n~ ~ ~ ~ My Commis~ D~3~ FINANCE, DE. PT NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given fll~ on TUESDAY, FEB- RUARY 2S, 2003, In the Boardroom, 3rd Floor, H~rmon Turner Building, Collier County Govern. merit Center, 3301 East~ Tamlaml Trail, Naples,; FlOr da, the Board of County COmmlsslonersl will consider the enact- merit of a County Ordi- nance. The meeting wllll commence at 9:00 A.M.~ The t t · of the pro-I ~o%So~.Ordlnance Is asl AN ORDINANCE AU- THORIZING THE ISSU- ANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PUR- POSES OF ACQUIRING AND CONSTRUCTING VARIOUS TRAN~ORTA- TION-RELATED CAPI- TAL IMPROVEMENTS AND REFUNDING CER- TAIN OUTSTANDING IN- DEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL NOT CREATE A GENER- AL DEBT OR OBLIGA- TION OF THE COUNTY; AND PROVIDING AN EF- FECTIVE DATE. Copies of the proposed Ordinonce are on file with the Clerk te the Board ond ore ovollable for Insm~'flon. All Inter- ested bottles .are In.vlfed to attend and be heara. NOTE: All persons wish- lng to speak o.n an.y agenda item must regis- ter with the County ad- mlnlstr~tor prior to pr.e-~ :, sentatlon of the agena.a: ~' Item to be addressea. .lfldlvldual speqker.s .wlll be Ilmlted to S mmmes~ on a~y Item. The selec-~ flon of an.lndlvldual to ,, s~k_ on behaff of an ~- ~ ganlzatlon or group is , encouraged. If .recog- i nlzed by the Chmrman, , a spokesperson for a ~ group or organization , may be alloffed 10 rain- , utes to speak on an ~ hem. Persons wishing fo hove wrl.ffgn er gral~hlc ma- ~l~l~l~.uded In the Any l~ertee who decides fo a~ a decision of '~e lieard w~ need a re- ~ .of.the .proceedings pertaining Tnerete and therefore, may need to ensure tliat a verbatim ~'neCOr. d of the proc. eecl- gs IS mode, which re- cord InCludes the testl. monv and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E.' BROCK CLERK By: /s/EIIle Hoffmo~ ORDINANCE NO. 2 o o 3 - o 9 AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS PAYABLE FROM VARIOUS GAS TAX REVENUES OF THE COUNTY FOR THE PRINCIPAL PURPOSES OF ACQUIRING AND CONSTRUCTING VARIOUS TRANSPORTATION-RELATED CAPITAL IMPROVEMENTS AND REFUNDING CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1.DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Act" shall mean Chapter 125, Florida Statutes, Sections 206.41,206.47, 206.60, 336.021 and 336.025, Florida Statutes, this Ordinance, the Gas Tax Ordinances, the interlocal agreements relating to the distribution of the Gas Taxes, and other applicable provisions of law. "Board" shall mean the Board of County Commissioners of Collier County, Florida, and any successor thereto. "Bond Resolution" shall mean the resolution of the County providing for the security for the Bonds, the flow of funds, the rights and remedies of the Bondholders and various other terms and details relating to the Bonds, as the same may be amended or supplemented from time to time. "Bonds" shall mean revenue bonds issued by the County pursuant to this Ordinance, payable from the Pledged Funds. "Cost," when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the County's cost of physical construction; (2) costs of acquisition by or for the County of such Project; (3) costs of land and interests therein and the cost of the County incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on Bonds and other obligations relating to the Project during, and if deemed advisable by the County, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the County, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any paying agent, registrar, municipal bond insurer, credit bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the County (other than Bonds) incurred for such Project; (9) costs of machinery or equipment required by the County for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceeds of Bonds pursuant to the Act; and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the County for any such items of Cost heretofore paid by the County and interest on any interfund loan related thereto. The Bond Resolution may provide for additional items to be included in the aforesaid Costs. "County" shall mean Collier County, Florida, a political subdivision of the State of Florida. "Constitutional Gas Tax" shall mean the two-cent fuel tax imposed pursuant to Article IX, Section 16, Florida Constitution, and Sections 206.41 and 206.47, Florida Statutes. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by the Bond Resolution, any additional local option gas tax received by the County pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the County pursuant to the Bond Resolution. "Gas Tax Ordinances" shall mean the ordinances enacted from time to time by the County which imposes the Gas Taxes, including, but not limited to, Ordinance No. 80-50 of the County, enacted on June 3, 1980; Ordinance No. 80-51 of the County, enacted on June 3, 1980; Ordinance No. 99-40 of the County, enacted on May 25, 1999; Ordinance No. 93-48 of the County, enacted on August 3, 1993, as amended by Ordinance No. 2001-26 of the County, enacted on May 8, 2001; each as amended and supplemented from time to time. 2 "Gas Tax Revenues" shall mean the moneys received by the County from the proceeds of that portion of the Gas Taxes which are determined by the County pursuant to the Bond Resolution to be pledged to the payment of the Bonds. "Gas Taxes" shall mean, collectively, all or a portion of the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, the Constitutional Gas Tax, and any other gas tax imposed and/or received by the County which is specifically pledged under the Bond Resolution by the County. The County shall determine pursuant to the Bond Resolution which Gas Taxes shall be pledged to the payment of the Bonds. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the County pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the terms of the Bond Resolution, all moneys in such funds and accounts, including investments thereof, as the County shall determine to pledge pursuant to the Bond Resolution. "Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any lawful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Project shall be set forth in the Bond Resolution or supplemental resolution authorizing the issuance of Bonds which shall finance the acquisition, construction and funding of such Project. "Refunded Bonds" shall mean the County's outstanding Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the County pursuant to the provisions of subsection (2)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received by the County pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by the Bond Resolution, any additional local option gas tax 3 received by the County received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the County pursuant to the Bond Resolution. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Ordinance. Words importing the singular number include the plural number, and vice versa. SECTION 2.FINDINGS. The Board hereby finds and determines as follows: (a) Act. The County has heretofore issued the Refunded Bonds in accordance with the (b) The Board deems it in its best interests to issue Bonds, from time to time, to finance or refinance various Projects which will benefit the health, safety and welfare of the citizens of the County. (c) The Board deems it in its best interests to issue Bonds for the refunding of the Refunded Bonds in order to achieve certain debt service savings and/or to allow Bonds to be issued with a senior lien on and pledge of all of the Gas Tax Revenues. (d) Such Bonds shall be payable from the Pledged Funds as provided in the Bond Resolution and shall not constitute a general debt or obligation of the County. Such Bonds shall never be payable from any ad valorem tax levied within the County. SECTION 3. ISSUANCE OF REVENUE BONDS. (a) The Board shall have the power and it is hereby authorized to provide pursuant to the Bond Resolution, at one time or from time to time in series, for the issuance of Bonds of the County payable from the Pledged Funds as provided in the Bond Resolution, or notes in anticipation thereof, for one or more of the following purposes: (1) paying all or a part of the Cost of one or more Projects, (2) refunding any Bonds or other indebtedness of the County, (3) funding a debt service reserve account, (4) capitalizing interest on the Bonds, and (5) paying costs of issuance relating to the Bonds. The principal of and interest on each series of Bonds shall be payable from the Pledged Funds, as determined pursuant to the Bond Resolution. The County may grant a lien upon and pledge of the Pledged Funds in favor of the holders of each series of Bonds in the manner and to the extent provided in the Bond Resolution. Such Pledged Funds shall immediately be subject to such lien without any physical delivery thereof and such lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County. 4 (b) The Bonds of each series shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding 40 years from their date or dates, may be made redeemable before maturity, at the option of the County, at such price or prices and under such terms and conditions, all as shall be determined by the Board pursuant to the Bond Resolution. The Board shall determine the form of the Bonds, the manner of executing such Bonds, and shall fix the denomination or denominations of such Bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the State of Florida. In case any officer whose signature or a facsimile of whose signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The Board may sell such Bonds in such manner and for such price as it may determine to be in the best interests of the County in accordance with the terms of the Bond Resolution. In addition to the Pledged Funds, the Bonds may be secured by such credit enhancement as the Board determines to be appropriate pursuant to the Bond Resolution. The Bonds may be issued as capital appreciation bonds, current interest bonds, term bonds, serial bonds, variable rate bonds or any combination thereof, all as shall be determined pursuant to the Bond Resolution. (c) Prior to the preparation of definitive Bonds of any series, the Board may, under like restrictions, issue interim receipts, interim certificates or temporary Bonds exchangeable for definitive Bonds when such Bonds have been executed and are available for delivery. The Board may also provide for the replacement of any Bonds which shall become mutilated, or be destroyed or lost. Bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Ordinance. (d) The proceeds of any series of Bonds shall be used for such purposes, and shall be disbursed in such manner and under such restrictions, if any, as the Board may provide pursuant to the Bond Resolution. (e) The Bond Resolution may also contain such limitations upon the issuance of additional Bonds as the Board may deem proper, and such additional Bonds shall be issued under such restrictions and limitations as may be prescribed by such Bond Resolution. The Bond Resolution may contain such provisions and terms relating to the Bonds and the Pledged Funds as shall not be inconsistent herewith. (f) The County may enter into such hedge, swap and derivative agreements in regard to the Bonds as it deems appropriate. Obligations relating to such agreements shall be secured as provided in the Bond Resolution. 5 SECTION 4.TAXING POWER NOT PLEDGED. (a) Bonds issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation debt of the County or a pledge of the faith and credit of the County, but such Bonds shall be payable solely from the Pledged Funds and any moneys received from credit enhancers of the Bonds, all in accordance with the terms of the Bond Resolution. (b) The issuance of Bonds under the provisions of this Ordinance shall not directly or indirectly or contingently obligate the County to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such Bonds shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the County to pay any such Bonds or the interest thereon or to enforce payment of such Bonds or the interest thereon against any property of the County, nor shall such Bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of the County, except the Pledged Funds in accordance with the terms of the Bond Resolution. SECTION 5.TRUST FUNDS. All moneys received pursuant to the authority of this Ordinance, whether as proceeds from the sale of Bonds or the Pledged Funds, shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the Bond Resolution. Such Pledged Funds may be invested by the County, or its designee, in such manner as provided in the Bond Resolution. SECTION 6.REMEDIES OF BONDHOLDERS. Any holder of Bonds, except to the extent the rights herein given may be restricted by the Bond Resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the County or the Board or by any officer thereof. SECTION 7. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof. SECTION 8. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the validity or enforcement of any of the remaining provisions hereof. This Ordinance shall take precedence over and supersede any other ordinance or resolution of the County to the extent of any conflict or inconsistency therewith. 6 SECTION 9. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in the Department of State by the Clerk within ten days after enactment by the Board and shall take effect upon filing. DULY ENACTED in regular session, this 2o~[h day of February, 2003. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Ramiro Mafialich Chief Assistant County Attorney 7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-09 Which was adopted by the Board of County Commissioners on the 25th day of February, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of February, 2003. DWIGHT E. BROCK Clerk of Cour~.~' Ex-officio county Commzs s i'.Oners/ ~: ~a~=~a~a RESOLUTTON NO. 2003-92 9A A RESOLUTZON OF THE BOARD OF COUNTY COMf4ZSSIONERS OF COLLZER COUNTY TO APPOZNT LINDA HARTIqAN TO THE GOLDEN GATE ESTATES LAND TRUST ADVISORY COMMZTTEE. WHEREAS, Collier County Ordinance No. 87-48 created the Golden Gate Estates Citizens Advisory Committee; and WHEREAS, Ordinance No. 87-48 was amended by Ordinance No. 94-40 which renamed the Committee the "Golden Gate Estates Land Trust Advisory Committee;" and WHEREAS, this Committee is composed of 5 members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Golden Gate Estates Land Trust Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY COIVlMISSIONERS OF COLLIER COUNTY, FLORIDA, that Linda Hartman, representing the Phase I category, is hereby appointed to the Golden Gate Estates Land Trust Advisory Committee to fulfill the remainder of the vacant term, said term to expire on October 13, 2003. This Resolution adopted alter motion, second and majority vote. DATED: February 25, 2003 DWIGH_,T:'(~ ~?Clerk Approved 'as' to 'form and legal sufficiency: David C. WeJgel ' County Attorney BOARD OF COUNTY COIVlIVlISSIONERS COLLIER~NTY~}RIDA · TOM HENNING, Chairman ir Z-ZS-03 DCW/kn:h;public;kay;advisoryboards 9(7 DOCUMENT NOT RECEIVED IN CLERK TO TH BOARD OFFICE AS OF DECEMBER 12, 2003 IOA DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 lOB DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING o o This Agreement is entered into by and between the Collier County Board of County Commissioners (hereinafter referred to as "County") and the District School Board of Collier County, Florida (hereinafter referred to as "School Board"), together the Parties. WHEREAS, the Parties recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children of Collier County; and WHEREAS, the Parties recognize the benefits to the citizens and students of their community by more closely coordinating their comprehensive land use and school facilities planning programs to ensure: (1) better coordination of new schools in time and place with land development; (2) greater efficiency for the School Board and the County by the placement of schools to take advantage of existing and planned roads, water, sewer, parks, and drainage systems; (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County; (4) the location and design of schools so that they serve as community focal points; (5) the location and design of schools with parks, ballfields, libraries, and other community facilities to take advantage of joint use opportunities; and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section1013.33 (10), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the School Board, and describe the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above consistent with their adopted intergovernmental coordination element; and lOC WHEREAS, the Parties enter into this Agreement in fulfillment of the above referenced statutory requirements and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the parties hereto are authorized to enter into this Interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section 1013.33(2)(a), Florida Statutes; and WHEREAS, upon the Department of Community Affairs (DCA) acceptance of this Agreement, and upon the commitment of the Parties hereto to abide by and seek fulfillment of the terms and conditions of the Agreement, that DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections 1013.33 and 163.3177 requirements for cooperative planning for all Parties involved, both individually and collectively. NOW THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the Parties hereby agree as follows: Section 1. Recitals The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. The following procedures will be used to coordinate public facilites planning and land use planning: Section 2. Joint Workshop Meetings 2.1 A staff working group from the County and School Board will meet on an as needed basis, but no less frequently than twice per year, to formulate recommendations and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student enrollment projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the schools and ensure safe student access. Representatives from the Southwest Florida Regional Planning Council will also be invited to attend. The School Board staff, in coordination with the County Manager, will be responsible for making meeting arrangements and providing the necessary notification for the first meeting in 2003. Thereafter, the process for meeting notification will be as established by a majority of the members of the working group then present. 2.2 One or more of the elected members of the County Commission and the School Board will meet every other year in joint workshop session. Additional workshops may be held upon request by either the County Commission or the School Board. The joint workshop sessions will be opportunities for the County Commission and the School Board to build consensus, and set direction regarding coordination of land use and school facilities planning, including, but not limited to the following: population and student estimates and projections, development trends, school needs, off-site improvements, and joint use opportunities. The County Manager and School Board Superintendent will be jointly responsible for making meeting arrangements and providing notification for the joint workshop. Section 3. Student Enrollment and Population Projections 3.1 In fulfillment of their respective planning duties, the County and the School Board agree to coordinate their respective plans based upon agreed upon projections of the amount, type and distribution of population growth and student enrollment. 3.2 The School Board shall utilize the Department of Education (DOE) five-year county-wide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request the School Board will coordinate with the County regarding future population projections and growth. Five- year population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the County are reflected in the updated projections. 3.3 The County staff, in coordination with the School Board, will use information on County growth and development trends for unincorporated areas, such as census information on population and housing characteristics, persons-per- household figures, historic and projected growth rates, and the information described in Subsection 4.2 of this Agreement, to project residential units by type for five years (single family, multi-family and mobile home) and allocate these units into sub-county planning sectors, such as student attendance zones consistent with county-wide projections. The planning sectors will be established by mutual consent of the School Board and the County. The allocation of residential units by type and planning sector will be provided to the School Board by September 1st of each year. 3 3.4 The School Board will evaluate the planning sector projections prepared by the County. The School Board working with the County will develop and apply student generation multipliers for residential units by type for schools of each type, including, but not limited to, traditional public elementary, middle and high schools, as well as, charter, alternative and vocational schools, considering past trends in student enrollment within specific planning sectors in order to project school enrollment. The school enrollment projections will be included in the Educational Facilities Report provided to the County each year as specified in Subsection 4.1 of this Agreement. 3.5 Population Projections: Coordination regarding the update of the County population projections, their allocation into planning sectors, and conversion into projected student enrollment will occur on an annual basis at the staff working group meeting described in Subsection 2.1 of this Agreement. The revised projections and the variables utilized in making the projections will be reviewed and established by agreement of the staff working group. [0C Section 4. Coordinating and Sharing of Information 4.1 Educational Facilities Report: By November 1st of each year, the School Board shall submit to the County an Educational Facilities Report. The Report will contain information in tabular, graphic, and textual formats detailing existing and projected school enrollment, existing educational facilities, their locations, the number of portable units (hereinafter "portables") in use at each school, and projected facility needs. The Report will also contain the School Board's capital improvement plan, including planned facilities with funding over the next 5 years, and a description of any unmet needs. The Report will provide data for each individual school concerning school capacity based on DOE criteria and enrollment of each individual school based on actual student counts. The Report will show the generalized locations in which new schools will be needed, along with planned renovations, expansions and closures of existing schools. The Report will indicate properties the School Board has already acquired through developer donation, or properties for which there is a developer obligation to provide property to the School Board, at the School Board's discretion, or properties acquired through other means that are potential school sites. 4 4.2 Growth and Development Trends: On September 1st of each year, the County will provide the School Board with a report on annual growth and development trends. The report will contain information in tabular, graphic and textual formats and will include information regarding development approvals for the preceding year as follows: (a) the type, number, and location of residential dwelling units which have received zoning approval, final subdivision plat approval, or site plan approval; (b) a summary of all comprehensive plan amendments to include a description of any land use changes and the location of the affected area; (c) the number of building permits issued for new residential dwelling units and the location of such residential dwelling units; (d) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. The estimated number of students generated from the development approvals from new residential dwelling units will be used in the data and analysis to support the annual update of the School Board's Five-year Capital Facilities Plan. 10C Section 5. School Site Selection 5.1 The School Board will establish an informal site evaluation committee for the purpose of reviewing potential sites for new schools and proposals for renovation, expansion and closure of existing schools, and making suggested recommendations to the District Site Selection Committee, the Superintendent and the School Board. The site evaluation committee will be a standing committee and will meet on an as needed basis. In addition to appropriate members of the school district staff, the informal site evaluation committee will include at least one County staff member appointed by the County Manager. The committee lOC 5.2 membership will be expanded as needed to include additional County staff. When the need for a new school site is identified in the district facilities work program, the site evaluation committee will develop a list of potential sites in the area of need identified in the educational plant survey. The list of potential sites and list of schools proposed for renovation, expansion or closure will be submitted to the County for an informal assessment regarding consistency with the County comprehensive plan including: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, and land use compatibility. In addition, consistency with community vision and other issues such as student assignment that have a bearing on site suitability will be commented upon. The issues identified in Subsection 5.2 of this Agreement will also be considered by both the County and site evaluation committee as each potential site and each school proposed for renovation, expansion or closure is evaluated. Based on the information gathered during this review, the site evaluation committee will make a recommendation to the District Site Selection Committee concerning the selection of potential school sites in order of preference, and, if applicable, schools proposed for renovation, expansion or closure in order of preference. The following matters will be considered by the informal site evaluation committee, the County and the School Board when evaluating potential school sites or the expansion or rebuilding of existing schools, including charter schools: The location of school sites that will provide logical focal points for community activities such as the community facilities itemized in Subsection 9.1 and serve as the cornerstone for innovative urban design standards, including opportunities for shared use and co- location of community facilities. bo The location of new elementary and middle schools proximate to residential neighborhoods. The location of new schools within reasonable walking distance of the residential dwelling units served by the schools, as practicable, under the student assignment program. 6 do Oo The location of new high schools on the periphery of residential neighborhoods, with access to major roads. Compatibility of the school site with present and projected uses of adjacent property. Encouragement of community redevelopment and revitalization and efficient use of existing infrastructure and discouraging urban sprawl. Land availability, site acquisition and development costs, and degree of urbanization. Safe access to and from the school site by pedestrians and vehicles. Availability of public facilities and services necessary to serve the proposed school, concurrent with the impacts of the school. Environmental constraints that could preclude development of a public school on the site if mitigation is not available or practicable. Impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the County as a locally significant historic or archaeological resource. Soil characteristics that indicate the proposed site is suitable for development or is adaptable for development and outdoor educational purposes with the provision of drainage improvements. The proposed location in relation to County stormwater management plans or watershed management plans. The proposed location in relation to the velocity flood zone, a floodway, or the Coastal High Hazard Area, as delineated in the County Growth Management Plan. The ability of the site to accommodate the required parking, circulation and queuing of vehicles. 10C 7 5.3 po The proposed location in relation to any airports considering the requirements of Section 333.03, Florida Statutes, which regulates the construction of public educational facilities in the vicinity of an airport. As early as practicable, but no less than 60 days prior to acquiring or leasing property that may be used for a new public educational facility, or initiating the renovation or expansion of an existing school, the School Board shall provide written notice of same to the County. The County, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site or the proposed renovation or expansion of an existing school is consistent with the land use categories and policies of the County's Growth Management Plan. This preliminary notice does not constitute the County's determination of consistency pursuant to Section 1013.33(11 ), Florida Statutes. Section 6. Supporting Infrastructure In conjunction with the preliminary consistency determination described at Subsection 5.3 of this Agreement, the School Board and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements necessary to serve each new school or the proposed renovation, or expansion of an existing school, and will enter into a written agreement as to the timing and location, and the entity or entities responsible for constructing, operating and maintaining the required improvements. Section 7. Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 The County will include a nonvoting representative appointed by the School Board on the local planning agency, or equivalent agencies, to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The County may, at its discretion, grant voting status to the School Board representative. The School Board will receive local planning agency's agendas and appropriate backup materials from the County and will review and comment as appropriate. 7.2 7.3 7.4 7.5 The County will provide the School Board notification of all land use applications and development proposals pending before it that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least 14 days prior to approval of the application. This notice requirement applies to amendments to the Growth Management Plan, Future Land Use Element and Map rezonings, developments of regional impact, and other major residential or mixed-use development projects. After notification by the County, the School Board will advise the County of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned in order to accommodate the impacts. School capacity will be reported consistent with DOE criteria. Based on the DOE definition of adequate capacity, if sufficient capacity is not available or planned to serve the development at the time of impact, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, County, and developer may collaborate to find a means to ensure that sufficient school capacity will be available to accommodate the residential development, such as, developer contributions, project phasing, required facility improvements and school impact fees. In reviewing and approving land use applications, rezoning requests and development proposals, the County will consider, if applicable, the following issues when requested by the School Board: a. Providing school sites and facilities within planned neighborhoods. b. Insuring the compatibility of land uses adjacent to existing schools and reserved school sites. The co-location of parks, recreation and community facilities with school sites. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. Insuring the development of traffic circulation plans to serve schools and the surrounding neighborhood. 7.6 Providing off-site signalization, signage, access improvements and sidewalks to serve all schools. The inclusion of school bus stops and turnarounds in new developments. Encouraging the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments. School Board comments on Growth Management Plan amendments and other land-use decisions. Available school capacity or planned improvements to increase school capacity. In formulating community development plans and programs, the County will consider the following issues: Target community development improvements in older and distressed neighborhoods near schools. Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. Co Encourage developments and property owners to donate school sites at predevelopment prices, assist with the construction of new facilities or renovation to existing facilities, and provide transportation alternatives. Address and resolve multi-jurisdictional public school issues. lOC Section 8. Educational Plant Survey and Five-Year District Facilities Work Program 8.1 At least one year prior to preparation of the educational plant survey update, the staff working group established in Subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of this update. The staff working group will evaluate and make recommendations regarding the location and need for new 10 8.2 educational facilities, or improvements to existing educational facilities in terms of consistency with the County Growth Management Plan, and relevant issues listed at Subsections 5.2, 7.5 and 9.1 of this Agreement. The School Board will provide the proposed annual update of the five-year district facilities work program to the County for review and comment for consistency with the County Growth Management Plan prior to adoption. The County may provide written comments to the School Board within 30 days following receipt of the proposed work program. Section 9. Co-location and Shared Use 9.1 Co-location and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to co-locate and share use of school facilities and civic facilities when preparing the Educational Plant Survey. Likewise, co-location and shared use opportunities will be considered by the County when preparing the updates to its Growth Management Plan, Schedule of Capital Improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, where applicable, co-location and shared use of school and governmental facilities for health care and social services will be considered. 9.2 A separate agreement between the School Board and the County or appropriate entity, will be developed for each instance of co-location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision. Section 10. Oversight Process The School Board and the County Commission shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this Interlocal Agreement. Oversight Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 hereof and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee shall appoint a chairperson, meet at least annually, and report to the County Commission and the School Board and the general public on the implementation of this Agreement together with its effectiveness. 11 o o O Section 11. Site Plan Review Projects initiated by the School Board shall comply with applicable site development plan review requirements as set forth in a separate interlocal agreement, which further refines and delineates the provisions and scope of site development plan review requirements for future School Board projects. Section 12. Resolution of Disputes If the Parties to this Agreement are unable to resolve any issue relative to this Agreement and with in which they may be in disagreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 13. Amendment and Termination of Agreement Either party may elect to withdraw from participation in this Agreement upon official action of its governing body and after 30 days written notice to the other party to this Agreement. Section 14. Execution This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the Agreement between the parties. Section 15. Expiration The term of this Agreement shall expire ninety (90) days from the date the last party executes this Agreement unless the separate interlocal agreement referenced in Section 11 is executed by the Parties prior to that ninety (90) day period. The DCA will be notified if this Agreement expires pursuant to this Section. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their duly authorized officials on the date set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: 12 Approved as to form and legal sufficiency: 10C 0 'David ~ Weigel, County Attomey ATTEST: By: Dr. Dan White, Superintendent Approved as to form by: John Clapper, Esq. Attorney for School Board COLLIER COUNTY SCHOOL BOARD Linda Abbott, Chair 396360_1 13 RESOLUTION NO. 2003- 98 A RESOLUTION APPROVING THE EXPANSION OF THE BOUNDARIES OF THE COLLIER MOSQUITO CONTROL DISTRICT, PURSUANT TO SECTION 388.211, FLORIDA STATUTES iOD WHEREAS, a Mosquito Control District was created in Collier County in 1950 encompassing six square miles with expansions occurring in 1963, 1971, 1972, 1982, 1989, and 2000 increasing its size to approximately 308 square miles, and WHEREAS, after research and consideration, it is the present desire of the Board of Commissioners of the Collier Mosquito Control District to again expand the District's boundaries to include: 1. The following real property hereinafter described as "Phase 1": Township 46S - Range 28E: Sections 25, 26, 35 and 36 Township 46S - Range 29E: Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 Township 47S - Range 29E: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18; and WHEREAS, the Board of Commissioners of the Collier Mosquito Control District has resolved in regular session on January 22, 2003, to request the Board of County Commissioners of Collier County, Florida, to approve the expansion of the boundaries of the District, a copy of the resolution (Resolution 3-2003-2004) is attached hereto as Exhibit "A"; and WHEREAS, Section 388.211, Florida Statutes, provides that the Board of Commissioners of any Mosquito Control District formed prior to July 1, 1980, may, for and on behalf of the District or the qualified electors within or without the District, request that the Board of County Commissioners in each county having land within the District approve a change in the boundaries of the District; and WHEREAS, based upon the presentation of the Board of Commissioners Collier Mosquito Control District before the Board of County Commissioners at its January 22, 2003, public meeting, the Board of Collier County Commissioners finds that the proposed expansion of the Collier Mosquito Control District is in the best interest of the citizens of Collier County and will serve a public need by reducing mosquito related problems. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that: 1) Pursuant to Section 388.211(1), Florida Statutes, and at the request of the Board of Commissioners of the Collier Mosquito Control District, the Board of County Commissioners of Collier County, Florida, hereby approves the expansion of the Collier Mosquito Control District boundaries to include: 1. The following real property hereinafter described as "Phase 1": Township 46S - Range 28E: Sections 25, 26, 35 and 36 Township 46S - Range 29E: Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 Township 47S - Range 29E: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 2) The Board of County Commissioners of Collier County, Florida, recognizes that an amendment shall be made by the Collier Mosquito Control District to the order creating the Collier Mosquito Control District to conform with the approved boundary change. This Resolution adopted this 25th day of February, 2003, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWI.QI~.BROCK, CLERK OF COLLIER C~UNTY, F~ORIDA ~'Il . ~: ,De,ut Cl~tk · ~, , TOM ~NNING, CHAPMAN ~ Ramiro Manalic[ Chief Assistant County Attorney 2 Collier Mosquito 600 North Road Naples, Florida 34104-3464 IOD COMMISSIONERS: Robert,4. Boyer, Chairman John F. Johnson, Secretary DonaM K. Page, Treasurer Jeanne E. Brooker Robert D. Geroy EXECUTIFE DIRECTOR: Frank ~ Van Essen, Ph.D. RESOLUTION 3 - 2003-2004 WHEREAS, it is stated in Section 388.211, Florida Statutes, '~ae board of commissioners of any district formed prior to July 1, 1980, may, for and on behalf of the district or the qualified electors within or without the district, request that the board of county commissioners in each county having land within the district approve a change in the boundaries of the district," and WHEREAS, the Collier Mosquito Control Disiaict was created in 1950 encompassing six square miles with expansions occurring in 1963, 1971, 1972, 1982, 1989, and 2000 increasing its size to approximately three hundred and eight (308) square miles, and WHEREAS, at the regular meeting of the Board of Commissioners on January 22, 2003, motion was made by Commissioner Brooker to expand the Collier Mosquito Control District boundaries into the Immokalee area, for mosquito control services to begin in risc. al year 2003-2004. The motion was seconded by Commissioner Geroy and unanimously approved. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Collier Mosquito Control District to herewith request that the Board of County Commissioners of Collier Countv, Florida, use its statutory, authority pursuant to Florida Statutes Section 388.211 to approve the following' change in the boundaries of the Collier Mosquito Control District and to amend the Charter creating the Collier Mosquito Control District to conform with the boundary change expanding the Collier Mosquito Control District to add Sections 25, 26, 35, and 36 of Township 46S, Range 28E; Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Tow~aship 46S, Range 29E; and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, I0, I I, 12, 13, 14, 15, 16, 17, and 18 of Township 47S, Range 29E; and to tax residents thereof on the tax billings to be mailed in November of 2003 for such services at the established Collier Mosquito Control District millage rate for the 2003-2004 fiscal year, to be determined as provided by Florida Statutes. Service will commence October I, 2003. DONE, ORDERED AND RESOLVED IN REGULAR SESSION OF THE COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS this 22"~ day of January 2003. ATTEST: 'l~obert A. Boy~,~ D. Owens, Clerk Administration: 239-436-1000 · 239-436-I005 (fax) Hangar: 239-436-1008 ® 239-436-1007 (fax) www. collier-mosquito, org 2 5 ; 10G DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 I6/1,1 Permit No. PERMIT FOR CARNIVAL EXHIBITION CP2003-03 STATE OF FLORIDA · COUNTY OF COLLIER: WHEREAS, Mr. H.B. "Benny" Starling, Jr., President, of the Immokalee Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a fair; and WHEREAS, Mr. H.B. "Benny" Starling, Jr., President of the Immokalee Chamber of Commerce, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a fair as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such fair exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Mr. H.B. "Benny" Starling, Jr., President of the Immoaklee Chamber of Commerce has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to the lmmokalee Chamber of Commerce, to conduct a fair from February 26th through March 9, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this _o~,~~'1'1'1'1'1'1'1'1'~ day of ~'~[.U~ 2003. DWI~ ,~.",B~bCK,) C~~, Approved as to Form and ~1 Suffkci~ncy:~ .. Mmjorie 1~. Student ~/~*i~¢K 6'. [~[) ~( Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO~~UNTY. FLORID. A: TOM HI~NNIN~tt~ 16Al (10) Legal Description of land used for the event: Block B- Lots -5-6-7-8-9-10-11-12-13-14-15-16-17-18-19 Less South 20' of Lot 9 thru 16 - Immokalee Sub Division Folio # 5119012001 Block B- Lots 17 & 18 Less Roadway Folio # 51190160003 Block B- Lots 19-20-21-22-23-24 Less South 20' Roadway Folio # $l~90200002 - ~ Exhibit "A" Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 16 2 3301 East Tamiarni Trail Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 February 25, 2003 Ms. Alberta Simmons Enterprise Florida 325 John Knox Road, Suite 201 Tallahassee, FL 32303 Dear Ms. Simmons: Enclosed is a completed Economic Development Transportation Fund application, submitted by the Collier County Board of County Commissioners, on behalf of March Performance, a manufacturer and designer of high-performance auto parts. March Performance is giving serious consideration to a parcel in the proposed Research and Technology Park in North Naples, making this site the new location tbr its corporate headquarters and Research & Development/manufacturing facility. March Performance would be the first anchor tenant in the Park and, at this point, the firm is not considering any other sites in Florida for their relocation. The company is also contemplating sites in their home state of Michigan, which is offering tax abatements and other tax credits. There currently is no access to the parcel the client is considering in North Naples, and there are no immediate plans within the County's transportation work plan to accommodate the company's needs. The proposed roadway will end in a cul-de-sac up to the company's property line. As required by the grant program, we've also attached a copy of the USGS map showing the location of the Research and Technology Park and the proposed project area. The County's contribution to this project will consist of "Fast-Tracking", or expediting, the permit application process both locally and on a state level if necessary. If not for the incentives available through the State of Florida, in addition to our local Fast-Track Permitting program, March Performance would not locate to Collier County. The direct economic impact for this project is approximately $2.1 million per year in addition to the company's initial investment of $3.7 million. The company anticipates hiring 40 new employees at an average annual wage of $54,570, which is 185% of the average wage for Collier County. According to the Florida Agency for Workforce Innovation, the average unemployment rate tbr Collier County in 2001 16 2 Ms. Alberta Simmons February 25, 2003 Page two was 3.9%. A manufacturer of this stature will go a long way to help diversify the local and regional economy plus boost the incomes of our local residents. If you have any questions or need additional information, please call Helene Caseltine, our Economic Development Manager, at 239-403-2398. Thank you very much for your consideration. Board of County Commission c: Economic Development Council of Collier County Collier County Planning Services/Redevelopment Section Enclosures TH/hc 16A2 STATE OF FLORIDA ECONOMIC DE VEL OPMENT TRANSPOR TA TION FUND APPLICATION Collier County. Unit of Government or Public Authority ("Applicant") on behalf of March Performance Business Name FOR EFI USE ONLY Date Received Date Completed Project Number Telephone: ~EDTF04 (effective January, 2001) Submit Application To: Enterprise Florida Attn: Alberta Simmons Economic Development Transportation Fund Program The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida 32303 (850) 922-8737 Fax: (850) 922-9595 Monday, February I0, 2003 Application Instructions 16/ 2 1. Please carefully review all application materials. It is suggested that you contact Enterprise Florida at the address below to discuss your project and application before submitting a formal proposal. 2. Each application must be accompanied by the following: A. A letter t¥om the applicant, signed by the chief elected official, to include: · Certification that the transportation project is not scheduled by the appropriate transportation planning organization during the company's desired time frame, · Estimated capital investment by the company, · Reasonable estimate of projected employment to be created and/or retained by the company, · Reasons the transportation project is needed to support that employment, · Description of company's primary activity and type of facility being planned, and · Statement of impact on local and/or state economy. B. A letter from the company on whose behalf the application is being submitted. The letter must be on company letterhead and include: · A statement of existing or anticipated transportation problem which constitutes an impediment to plans and that the problem will be solved by this project, · Amount of capital investment to be made by the company for new or expanding facilities, · Number of full-time permanent positions to be created or retained, · Average hourly wage (excluding benefits) of the jobs to be created or retained. · Description of primary business activity, · Identification of market area served. Additionally, (1) For a new facility locating in Florida, the letter must be signed by the President, CEO, COO, or Senior VP of Florida Operations and also include: · Statement of intent to locate in Florida and that only one Florida site is being considered requiring EDTF. · Statement of other sites outside of Florida that are being considered. Specifically, identify other states or countries outside of Florida that are being considered, and provide a summary of incentives other states have offered. · Statement of type of business facility or business activity being planned for Florida location. (2) For a company expanding in Florida, the letter must be signed by the manager of the existing facility and also include: · Statement of the planned expansion and the expansion will not occur if the transportation improvements are not made. · Statement that only one Florida site is being considered requiring EDTF. (Pursuant to 288. 063, F.S., EDTF funds cannot be used to induce a company to locate from one Florida communiO, to another community in the state unless the Office of Tourism, Trade, and Economic Development determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale fi~r the relocation which creates additional jobs. Company must provide rationale in its letter.) #EDTF05 (effective January, 2001) -ii- e Specifically, identify other states outside of Florida that are being considered, and provide a summary of incentives other states have offered. (3) For a company expanding and remaining at its present location in Florida, the letter must be signed by the manager of the existing thcility and also include: · Statement that no other Florida site is being considered, and the expansion will not occur if the transportation improvements are not made. · Statement that the company will remain at its present location if the transportation problem is alleviated. (4) For a company remaining at its present location in Florida, but not creating any new jobs or making any capital improvements, the letter must be signed by the manager of the existing facility and also include: · Statement that no other Florida site is being considered, and the facility will close or locate to another state if the transportation improvements are not made. · Statement that the company will remain at its present location if the transportation problem is alleviated. · Provide number of existing permanent full-time employees, · Provide average hourly wages, excluding benefits. C. A 1:24,000 (1 inch = 2,000 feet) U.S.G.S. quadrangle sheet which shows the transportation project and the company's location site; and a small sketch or diagram (no more than 9 ½ by 14) showing all existing transportation facilities in proximity to the business project (clearly labeled), the business project property boundaries, the general outline of the facility(s) within the property (existing and proposed), all existing transportation entry points, and the proposed transportation project (clearly designated as the proposed project). The diagram need not be professional, and the scale may be rough, but it should be in sufficient detail to present the observer with a clear understanding of the current situation and the proposed project. Any information and documentation that cannot be supplied in the space provided on the application form should be placed in a notebook or other presentation format. The material should be indexed, tabbed, or labeled with the number of the relevant question from the application form. The completed and signed original application and seven (7) copies must be filed with: Enterprise Florida Attn: Alberta Simmons Economic Development Transportation Fund Program The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida 32303 Telephone: (850) 922-8737 Fax: (850) 922-959 5. IMPORTANT NOTE: EDTF Funds must be approved by OTTED prior to the company making its final decision to locate, expand or remain in Florida. #EDTF05 (effective January, 2001) ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATIO~ 6 ~ 2 OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT Applicants are advised that this application must bc submitted in accordance with thc provisions of Florida Statutes, Section 288.063, and the Office of Tourism, Trade, and Economic Development's Economic Development Transportation Fund Guidelines. APPLICANT Government Applicant: Collier County Government Federal Employee Identification Number: 59-6000558 Name of Primary Contact: Helene Caseltine Title: Economic Development Manat~er of Collier County Address: 2800 North Horseshoe Drive Naples · FL 34104 (City) (State) (Zip) Telephone: (239) 403-2398 Fax: (239) 213-2916 II. COMPANY PROVIDING EMPLOYMENT (only one company may be listed) Company: March Performance Primary Contact: Kim March Title: President / Owner Address: 6020 Hix Road Westland MI 48185 (City) Telephone: (734) 729-9070 Principal Business Activity: SIC Code Number: 3568 (State) (Zip) Fax: (734) 729-9075 Manufacturing of high precision automobile parts Type of Facility: New Location ( X ) Expansion Date Construction Will Begin: August 2003 Date Company will be in Operation: March 2004 Estimated Square Feet of Facility: 40,000 sq. ft. of Existing ( ) Retention ( ) ilEDTF05 (effective January, 2001) -3- Full-time Employment Generated/Retained: New 40 Retained 16 ,2 (Grant request should not exceed $5,000 per job. Grants exceeding $5,000 per job may be approved when the project occurs in an economically distressed community and a further waiver of this guideline may be granted pursuant to the EDTF Program Guidelines.) New Capital Investment Generated: $3.05 million Briefly Describe the Facility (New or Existing) or the Expansion: March Performance is currently located in Westland, Michigan, and is considering the construction of a 40,000 square foot facility in Collier County, Florida. This new facility will include space for its manufacturing operations and office space for management. March Performance is owned and managed by Kim and Craig March and the Florida location would be their new corporate headquarters. The company designs, manufactures and markets high-performance, precision auto parts. March Performance will create 40 new jobs in a targeted industry for Collier County and Florida within the first two years after relocating to Florida. These 40 new jobs will have an annual average wage of $54,570.00, which is 85 percent higher than Collier County's average wage of $29,553. IlL TRANSPORTATION (Attach a rough site plan with facility in relation to the requested transportation improvements.) A. Briefly describe the transportation problem that is an impediment to the company described above and give its importance to the company's decision. Currently, there are no existing roads within the proposed site. The Road Fund will give the opportunity to March Performance to fund the required infrastructure in order for them to make their final decision to relocate to Collier County. B. Briefly describe the transportation project that will alleviate the transportation problem. The construction of the proposed road and offsite tum lanes will provide access to the site. #EDTF05 (effective January, 2001) -4- Co Estimated Cost of the Transportation Project: Construction: $170,225.15 Right-of-Way: * $ · Right-of-Way cost may be used as ~natching dollars if acquisition is required from a thirdparty in order to construct the transportation facility. Design & Engineering: $ 35,000 TOTAL COST: $ 205,225.15 16 2 D. Transportation Project Funding Sources: City: $ County: $ Company: $ Other: $ 5,225.15 Please specify: The developer will be responsible for any cost over-runs Request from the Economic Development Transportation Fund ($2,000,000 maximum): $ 200,000 TOTAL COST: $ 205,225.15 (NOTE: The total costs must equal the sum in items C and D) E. Estimated Number of Days To Construct the Transportation Project: It is estimated that it will take approximately 4 months to construct the proposed road and turn lane improvements. IV. PROJECT LOCATION A. Located in an Enterprise Zone? Yes X No B. Located in the Target Area of a Community Development Corporation? Yes C. Located in a Front Porch Community? Yes D. Located in a REDI County? Yes E. County population of 75,000 or less? Yes F. City population of 10,000 or less? Yes G. City population over 10,000 but less than 20,000? Yes H. Located on Brownfield Site or in a Brownfield Area? Yes X No X No X No X No X No X No X No #EDTF05 (effective danuary, 2001) -5- V. SELECTED ECONOMIC INDICATIONS 16A2 A. Unemployment Rate of the local unit: 3.9%, average unemployment rate for 2001 Identify local unit (e.g., county, city, census tract) Collier County State Rate 4.8%, average unemployment rate for 2001 Information Source and Date of Source: Florida Agency for Workforcc Innovation, March, 2002 B. Per Capita Income of thc local unit: $40,121 Identify local unit (c.g., county, city, census tract) Collier County State Per Capita Income $27,764_ Information Source and Date of Source: Bureau of Economic Analysis, May 2002 C. Poverty Rate of thc local unit: ' 10.3% Identify local unit (e.g., county, city, census tract) Collier County State Rate 12.5% Information Source and Date of Source: 2000 Census, U.S. Census Bureau. IMPORTANT NOTE: Only Creditable Government Sources can be accepted e.g., Latest U.S. Census Data, or Florida Statistical Abstract Data, or Florida Department of Labor and Employment Security Data. VI. OTHER CONSIDERATIONS A. Is the adopted local government comprehensive plan for the jurisdiction in compliance with Chapter 163, Part II, Florida Statutes? X Yes No If not, what is the expected time frame for compliance? B. What is the Future Land Use Map designation for the business facility state? Commercial and Multi-Family, however, the developer is in the process of re-zoning the propert~ to Research and Technology Park zoning. Co Do Are the transportation project and business facility consistent with the adopted local government comprehensive plan? Yes X No If not, describe the inconsistency and give the time frame for amending the plan: The proposed site is currently zoned for Commercial and Multi-family, Residential; however, on January 2003 a request for rezone and plat were submitted for county review under the Research and Technology Park zoning. Does construction of the business facility trigger concurrency requirements other than for transportation facilities? Yes X No If so, explain: #EDTF05 (effective January. 2001) -6- Does construction of the business facility trigger concurrency requirements for transportation facilities? Yes X No If yes, what transportation management alternatives have been considered? F. Does the adopted plan include an Economic Development Element? Go Yes No X Is the applicant's transportation project linked to other publicly funded economic development programs? If so, how does it fimher those efforts? Yes. March Performance has applied to receive the Florida Qualified Target Industry Tax Refund (QTI). There are numerous costs associated with relocating the company to Collier County such as capital expenditures for real and personal property, operational costs and training expenditures that will be incurred. Tax incentives are a key tool for controlling costs, especially up-front, start up and relocation costs that directly affect a company's cash flow and earnings. The Qualified Target Industry Tax Fund Program will help alleviate some of the up front costs and will allow the company to maximize its cash flows and earnings. The QTI and Road Fund incentives are paramount for March Performance to consider the relocation decision. Without these incentives, the company will not be able to afford to relocate to Collier County. The QTI and Road Fund incentives would help induce the creation of 40 new high wage jobs in Collier County in one of Florida's targeted industries and consolidate the company's functions as a corporate headquarters and manufacturing operations. The jobs created will pay an average wage of $54,470, which is 85% above Collier County's average wage of $29,553. Ho Will low to moderate income workers be eligible for employment within this facility? Yes X No If not, why not? What role will the transportation project play in the decision of the business to locate, expand, or remain in this state? March Performance's decision to relocate to Collier County is contingent upon the approval of the Road Fund, since the program will aid in the construction of the road for employees and trucks to access the proposed site. #EDTF05 (effective January. 2001) -7- 16/ 2 J. ls there documented competition for this project? X YES NO (Check all that apply.) IMPORTANT NOTE: If there is no documented competition, the project is not eligible. State(s) Michigan Summarize Incentive(s): Country(ies) Summarize Incentive(s): Florida Community(ies) Summarize Incentive(s): ; Investment Tax Credit, Property Tax Abatement Program. VII. PROJECT INFORMATION Location of Project (Provide Road Number, if applicable): U.S. State County Party responsible for maintenance and upkeep: State County City (If more than one is applicable, please indicate.) Collier City *Other X * Currently, the party responsible for maintenance of road is the developer; however, association will be form to maintain the roads in the future. Total Length of Project: 900 fl Is there an alternative that would provide more cost effective access to the project? Yes X No Are there any additional traffic impacts? X Yes No If yes, does the project provide for additional impact? X Yes No The project will increase traffic to the road; however, by constructing the turn lanes the traffic will flow easily by providing access to and from the proposed site. If no, please explain: VIII. TRAFFIC IMPACTS FOR PROJECTS INVOLVING STATE HIGHWAYS ONLY Number of Cars 2. AM Peak Hour Inbound Cars Outbound Cars 3. PM Peak Hour Inbound Cars Outbound Cars #EDTF05 (effective January, 2001) Traffic generation estimates (in number of vehicles daily): N/A a.m. to p.m. to ~ Number of Trucks a.m.--Indicate Number of.' N/A Inbound Trucks Outbound Trucks · p.m.--Indicate Number off N/A Inbound Trucks Outbound Trucks -8- 16 .2 IX. SIGNATURE: If this application is for a city road, the city must agree to maintain the road. If a county road is involved, the county must agree to maintain the road. This will be stipulated in all contracts involving expenditure of the Economic Development Transportation Fund. 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IT/', ., r ~~ ~ ..... ~ ', .............. :':...". ......... ,.'.:'..': . - ?~.~,...,, ,, .~ ~~~ ¢,/ ..... ..:, :..:...:~.....:::::: :::::.~:-..;~....:.:.:.::,,...~.;~ .... .,,, ..... ~..._~ ~ ~~'~ ~ .......................... : .... :~. ,, ~...~, ~~.~ ',,,,j ........... ,?,...,.?.:~ ~:;... ~, .~' .~ :',::.,'. ~ ......... h..'~,,.,~,. ," ...; : "..;,.. ,. , ,, ~ ...... ,,.' . .',. ,::: :'.. '., , .... ':.:':' .,.::~ %,,,',:,.'~. ,, :~ .;;,:~.. P , ' . ,, I~ .......... ' ..................... ~GIN~ W. ~RY GOL ~ P.~. UG~ NO. ~Z~.7 ~'~'~ A~ho~aflon Ho, 1~2 .~ ~ ~mT-~ I~ PROPOS~ i.^RCH INDUSTRII~ SITE I. LEE COUNTY COLLIER COUNTY 16A2' I J! 16A2 MEMORANDUM 16 3 Date: To: From: Re: February 27, 2003 Doug Suitor, Sr. Environmental Specialist Natural Resources Department Teri Michaels, Deputy Clerk Minutes & Records Department Artificial Reef Grant Agreement from the Florida Fish And Wildlife Conservation Commission Enclosed please find three (3) original documents as referenced above(Agenda Item #16A3), approved by the Board of County Commissioners on February 25, 2003. Kindly forward the agreements to Florida Fish and Wildlife for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774-8406. Thank you. Enclosures (3) 1,6A3 FWC Grant No. 02101 COLLIER COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Building H, Naples, FL, 34112 hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: 1. Scope of Services DUTIES OF THE GRANTEE The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Contractor Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end on June 30, 2003, inclusive. In accordance with Section 287.058(2), Florida Statutes, the GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $25,000. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts Page I of 8 due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services. 6. No Travel expenses, are authorized. 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: Jon Dodrill, Natural Sciences Manager III Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U.S. Postal Service Mail: 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 For courier service: 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Doug Suitor, Sr. Environmental Specialist Collier County Natural Resources 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 941.732-2505 dou.qsuitor~,collier.qov.net Keith Mille, Fisheries Biologist IV FWCC Division of Marine Fisheries 620 South Meridian St., Box MF-MFM Tallahassee, Florida 32399-1600 850.922.4340 x207 keith.mille~fwc.state.fl.us Page 2 of 8 AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Worker°s Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 19. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUT__..~ 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review Page 3 of 8 16 3 or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDOR~ 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of Page 4 of 8 ,16 ,3 this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTR 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $30,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $30,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety(90) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E- 9, Florida Administrative Code during the term of this Agreement. Page 5 of 8 41. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42. Effective July 1, 2000, the Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. 43. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. CERTIFICATE OF CONTRACT COMPLETION 44. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. FEDERALFUNDS 45. This agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. DEBARMENT AND SUSPENSION 46. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the Commission by the federal agency issuing the grant award. 47. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E Page 6 of 8 48. As required by paragraphs 47 and 48 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. ENTIRE AGREEMENT 49. This Agreement represents that entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 8 16 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. By:.. COLLIIF~ COUNTY~BOARD OF (Authorized Signatory*) (Print Sigr~at(Jr~'s NCarr~e~d' l'i~e) ' Date: (Grantee) (Address) (City, State, and Zip Code) (Federal Employer Identification Number) Reimbursement Check Remittance Address: (Address) FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By:. Director, Division of Marine Fisheries or Designee Date: ATTEST: . ,' ..- %° ~/ ,, DWIGHT E:'BR(~:~, CLE~. , ¢% ..... · , '.~' .- ',, ~C Attor form -' leg-~l (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Attachment B Attachment C Exhibit 1 Attachment D Attachment E Attachment F Attachment G Scope of Services Comptroller's Contract Payment Requirements Requirements of the Federal - Florida Single Audit Act~ State and Federal Funds Awarded through the Florida Fish and Wildlifl; Conservation Commission Federal Aid Compliance Requirements Certification Regarding Debarment/Suspension FWC Artificial Reef Cargo Manifest Materials Placement Report Page 8 of 8 ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY REEF DEVELOPMENT PROJECT 2003 'MARCO PATCH REEFS' Collier County proposes to deploy a combined total of up to 800 tons of clean limestone boulders (minimum 3 ft. diameter) and concrete at five locations between the Marco 9-Mile and Marco 12-Mile permitted artificial reef sites. The deployments at the Marco 9-Mile Site will be at a depth of 38 feet and consist of two patch reef deployments: one pile of concrete (100 tons) and one pile of limestone, (100 tons) located approximately 850 feet from an existing 400 tons of bridge debris. The deployments at the Marco 12-Mile Site will be at a depth of 45 feet and consist of three patch reef deployments: one pile of concrete (100 tons), one pile of limestone (100 tons), and one pile of concrete (400 tons) located approximately 850 feet from the other deployments. Each permitted area is a square permitted zone measuring 1,519 feet (.25 nautical miles) on a side, in a north-south orientation, encompassing 53 acres in state waters off Collier County. Both sites are permitted to Collier County by the U.S. Department of the Army, Corps of Engineers. The Permit Numbers are 200004020 (IP-DY) and 200004023 (IP-DY). The permits are valid until February 27, 2011. The Marco Three Mile Reef Site permitted center is located at coordinates 25° 52.870' N Latitude and 81° 54.125' W Longitude. The Marco Twelve Mile Reef Site permitted center is located at coordinates 25° 54.615' N Latitude and 81° 59.125' W Longitude. The Marco Three Mile Reef Site and the Marco Twelve Mile Reef Site are located approximately 3 and 12 nautical miles west of Caxamabas Pass, respectively. The reef construction activity to be funded consists of the following elements: LOADING AND TRANSPORTATION Loading and transportation of a total of approximately 800 tons of limestone boulders (minimum 3 fi. diameter) and clean pre-cast concrete material, or other concrete structures acceptable to the COMMISSION. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the materials onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form (Attachment F) to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 370.25, Florida Statutes. Page 1 of 4, Attachment A DEPLOYMENT AND MATERIAL PLACEMENT During the deployment of the reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the patch reefs on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. The GRANTEE's observer reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. All special and standard manatee protection requirements described in the Army Corps of Engineers Permit Nos. 200004020 (IP-DY) and 200004023 (IP-DY) for this reef site must be complied with. 5. The reef material under this Agreement will be deployed as five separate patch reefs within the Marco 9 Mile Reef and the Marco 12 Mile Reef Sites at the following locations: PERMITTED Material Quantity Proposed SITE NAME type (tons) Depth (MLW) Lat/Lon '9 Mile' Site Concrete 100 39 ft. 25° 52.962 / 81° 54.208 '9 Mile' Site Concrete 100 39 ft. 25° 52.962 / 81° 54.083 '12 Mile' Site Concrete 100 45 ft. 25° 54.694 / 81° 59.186 '12 Mile' Site Concrete 100 45 ft. 25° 54.694 / 81° 59.015 '12 Mile' Site Limestone 400 45 ft. 25° 54.590 / 81° 59.140 The GRANTEE's Contract Manager shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12 inches in diameter and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area. The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical Page 2 of 4, Attachment A 16A3 relief of the constructed reefs using a fathometer after the reef construction has been completed. o Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the comer coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. 9. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT 10. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(1)(a), F.A.C. 11. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 12. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. PAYMENTSCHEDULE 13. The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than forty-five (45) days after the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. REPORTING, PERFORMANCE, AND PUBLICATIONS 14. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. Page 3 of 4, Attachment A 15. A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing thc deployment. The final field report should include any video footage or photographs (underwater and/or surface), if available. 16. A Materials Placement Report (attachment G) shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) comers to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 17. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. REST OF PAGE INTENTIONALLY LEFT BLANK Page 4 of 4, Attachment A 16 3 ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook (10/07197 Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: (2) Fringe Benefits: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: (4) Other direct costs: (5) In-house charges: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. REST OF PAGE INTENTIONALLY LEFT BLANK compreq224/rev~12/00 Page 1 of 1, Attachment B ATTACHMENT C REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife (Commission) to the Contractor/Grantee (recipient) may be subject to audits Commission as described in this section. Conservation Commission and/or monitoring by the MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART I1: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(I), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a Page I of 3, Attachment C 1r-, financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550"[Io~;~1 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART II1: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 2 of 3, Attachment C The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Anthony Carro, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Anthony Carro, by phone at (850) 921-1794 or by email at anthony.carro~fwc.state.fl.us PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3, Attachment C EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency: Federal Program: CFDA Number: State Agency: State Program: Recipient: Amount: U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program Collier County $18,750.00 (75% of total project amount of $25,000) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS*: State Agency: State Program: State Funding Source: *Federal Agency: *Federal Program: *CFDA Number: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program Marine Resource Conservation Trust Fund U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Collier County $ 6,250.00 (25% of total project amount of $25,000) SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): None - State funds are for Federal Match only. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Same as federal NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97, Florida Statutes, require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1 , c^. o The attached artificial reef cargo manifest has been developed in compliance with subsection 370.25 (6)(b), Florida Statutes, which states that: "It is unlawful for any person to: store, possess or transport on or across state waters any materials reasonably suited for artificial reef construction and stored in such a manner providing ready access for' use and placement as an artificial reef, unless a valid cargo manifest issued by the commission or a commission-certified inspector is onboard the transporting vessel. The manifest will serve as authorization to use a valid permitted site or land-based staging area, which will validate that the type of artificial reef construction material being transported is permissible for use at the permitted site, and will describe and quantify the artificial reef material being transported. The manifest will also include the latitude and longitude coordinates of the proposed deployment location, the valid permit number, and the copy off the permit conditions for the permitted site. The manifest must be available for inspection by any authorized law enforcement officer or commission employee." This requirement for a cargo manifest became part of the statutory revision of the artificial reef program statute Section 370.25 Florida Statutes (F.S.), modified during the 2000 State of Florida Legislature. The statutory language allows a "commission certified inspector" to complete and approve the artificial reef materials cargo manifest. Therefore, we are providing the attached cargo manifest form to all local coastal government artificial reef coordinators and eligible non-profit corporations who may physically construct artificial reefs with the approval of the permit holders. INSTRUCTIONS A separate cargo manifest form is to be completed for each load to be transported offshore (i.e., one manifest per voyage). The manifest is to list all, and only, the reef materials onboard. The top of the form is to be filled out by the reef builder with his/her contact information and the information about the proposed reef materials to be deployed written into the boxes. If several materials are identical but have different tag numbers, please write "SAME" in the box for the other materials. Also put "SAME" under additional coordinates if all materials are going to the same deployment site. The shaded portion of the form at the bottom is to be filled out by the materials inspector. The cargo manifest must be completed by an entity representing the holder of the applicable artificial reef permit to assure that all materials meet the requirements of the permit. Completion of the artificial reef materials car.glO manifest is required for all construction a~;[ivitles. The requirement to complete this document is not intended to be an undue burden on entities wishing to legally construct artificial reefs within permitted sites, but is a tool to assist law enforcement personnel in preventing the illegal construction of artificial reefs without the knowledge of the permit holder or in areas outside of legally permitted sites. It is intended to allow law enforcement staff to determine whether or not a load of materials is legal under the permit conditions. Without a properly completed Cargo Manifest Form on board, reef builders will be returned to port pursuant to Chapter 370.25 (6) (b). It is not necessary to send a copy of the Cargo Manifest Form to the FWC artificial reef section in Tallahassee. Documentation of the reef building activity should be maintained by the entity issuing the manifest in the event of any FWC inquiries. Reminder: the placement of all public artificial reefs in state or adjacent federal waters requires the submittal of a Materials Placement Report to the FWC artificial reef program within 30 days of public reef deployment in accordance with s. 370.25 F.S. Page 2 of 2 Attachment F Attachment D FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Proarama Ct'lapter 1 SumlTlllry 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies, This chapter is nol all-inclusive, Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices, Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. Title VI ot the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1973 Age Discriminalion Act gl 1975 Title IX of the Education Amendments of 1972 B. Environmental Requirements. Coastal Zone Management Act o! 1972 Executive Order 11987, Exotic Organisms Endangered Species Act of 1973 - National Environmental Policy Act of t969 (NEPA) Floodplains and Wetlands Protection Animal Welfare Act of 1985 Coastal Barrier Resources Act of 1982 C. Historic and Cultural Preservation Requirements. National Historic Preservation Act of 1966 D. Administrative Requirements. - Uniform Relocation Assistance and Real Property Acquisition Policies Act gl 1970 Debarment and Suspension Drug-Free Workplace Act of 1988 Restrictions on Lobbying (P.L. 10t. 121 ) 1.3 Title VI of the Civil Rights Act of 1964 (42 U,S.C. 2000(d)), A, Summary. Prohibits discrimination based on race, color, or national origin in any 'program or activity receiving Federal financial assistance." B. References, (1) Regulations of the Department of the interior (43 CFR Part 17) Part 823 Federal Aid Com~)llanos Rsaglrtmtntl f~l FW 1,1 (2) U,S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements, (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limil opportunily for use or benefits. (2) Grantees shall make reasonable efforts to inform the public gl opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employmenl practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect Ihs delivery o! services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 o! the Rehabilitation Act of 1973 (29 U.S.C. 795) A, Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S, Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C, Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate In o~ b~tl~efit from Federal Aid proiect facilities or services afforded to others. (2) Grantees may not deny a qualilted handicapped person the opportunity to participate as a member of a planning or advisory board. (3) The location ot lacilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project. 1.5 Age DIscrimination Aet of 1975 (42 U.S.C. $101) STATE GRANT PROGRAMS 12/17/92 FWM 061 New FISH AND WlLDLIFESERVICE 1,6 A3 STATE GRANT PROGRAMS Stets Grant Proarama Chapter 1 summery A. Summery, Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500-1508). (2) Departmental Manual, Environmental Quality, Part 516, (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director-Fish and Wildlife Enhancement is authorizedto promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (ELS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplains end Wetlands Protection. A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse effects should be incorporated into the project plans. 1.12 Animal Welfare Act of 1986, 7 U,S.C. 2131, at esq. A. Summary, Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching. Part 523 Federal Aid Comollance Reoulremerl[.* ~3 FW 1,10A B. References. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1,2 and 3 (54 FR 36112 (Aug. 31, 1989). C, Requirements, Grantees who use Federal Aid tunds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office lot instructions. A list ct the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1982 (16 U.S.C. 3601), as amended by the Coastal Barrier Improvement Act of 1990 (P.L. 101-591) A. Summary. The purpose of the Acts are "...to minimize the loss of human life, wasteful expendilure al Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers,.." B. References. U.S. Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oct, 6, 1983). C. Requirements, Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office. 1.14 National Historic Preservation Act of 1966, 16 U.S.C. 470. A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation ct historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeologicai and Historic Preservation Act of 1974, 16 U.S.C, 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 600). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63), (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW, C. Requirements, (1) States must consult with the State Historic Preservation Officer (SHPO) for those activities or projects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the 12/17/92 FWM 061 STATE GRANT PROGRAMS New STATE GRANT PROGRAMS State Grant Proarsms Chaoter 1 Summ,r¥ fa) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment ot pre-existing recorded mortgage; and (c) Pro-rata portion of real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement ol individuals, families, businesses, farms and nonprofit organizations are known at an early stage In a project's development (see 49 CFR 24.205). Planning may involve the following: fa) Who and what will be displaced. (b) The estimated number ol dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain: (I) Currently available replacement housing, businesses, farm, and organization sites; (ii) Approximate number of employees affected; (111) Types of buildings, number, and size of rooms; (Iv} The needs of those displaced (i.e. lifestyle); and fy) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50-mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted, (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped, (s) Estimate of cost for moving. (2) Advisory Services for Olspls~ed People, Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Psyment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Part 523 Federal Aid ComDIlan©e Raoulrement: ~23 FW 1.15Df2}(I} Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 1.16 Debarment and Suspension A. Summary, Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency, B. References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100- 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (D1-1953). States certily as to their "principals", not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (D1-1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrantee or contractor, (3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director. 1.17 Drug-Free Workplace Act of 1988. A. Summary, The Drug-Free Workplace Act requires that all grantees certify that they will maintain a drug-free workplace. B, References. Department of Interior Rules, Drug-Free Workplace Requirements, 43 CFR 12.600-635. 12/17/92 FWM 061 STATE GRANT PROGRAMS New ATTACHMENT E 16A3 CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) (b) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ., 2(~. By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code debar. 226/rev. 12/00 Area Code/Telephone Number (Page I of 2) Page I of 2, Attachment E Attachment G FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES 1 /- /I ARTIFICIAL REEF PROGRAM r~ /-t MATERIALS PLACEMENT REPORT To Be Completed For Each Deployment Location or Date of Deployment ATTACH A PHOTOGRAPH OF THE MATERIAL ON THE BARGE IMMEDIATELY PRIOR TO DEPLOYMENT County or Municipality:. Date of Placement: Grant No. FWCC - (if applicable) Source of Funding: U.S. Army Corps Permit No.: Amount: Name of Permitted Location Name Reef Site: for This Deployment: NOTE: ONLY COORDINA~TEZS TAKEN WITH A DIFFERENTIAL GLOBAL POSITIONING SYSTEM (DGPS) RECEIVER ARE ACCEPTABLE. COORDINA"i ~-S SHOULD BE REPORTED IN DECIMAL MINUTE FORMAT ONL~ CONVERSIONS FROM LORAN-C TIME DELAYS OR CHARY INTERPOLATIONS ARE UNACCEPTABLE Latitude: o ' North Brand of Machine: Actual LORAN-C coordinates (if taken on-site): Longitude: o Model Number: Geographical Location: at deqrees (nautical miles) (bearing) Water Depth: feet ' West from (reference channel marker) Maximum Material Height: .feet TYPE AND AMOUNT OF MATERIAL DEPLOYED AT THE LOCATION DESCRIBED ABOVE: Primary Type of Material: Number of Pieces: Dimensions: Secondary Type of Material: Dimensions: Number of Pieces: Barge Length: feet Barge Width:::: feet Loaded Draft:. feet Unloaded Draft: feet (Length X Width X Loaded Draft X 0.93 X 65) --- 2,000 -- (Length X Width X Unloaded Draft X 0.93 X 65) = 2,000 = TOTAL TONNAGE FOR THIS DEPLOYMENT = (Loaded barge weight in tons) SUBTRACT (Unloaded barge weight in tons) I DO HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Observer's Name: Title: (PLEASE PRINT) (PLEASE PRINT) Observer's Signature: Date: Observer's Remarks: Rev. 12/99 Page 1 of 1, Attachment G 16A4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 RESOLUTION NO. 03- 8 5 16A5 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT THREE (PHASES ONE AND TWO), RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 5, and September 6, 1994 approved the plats of Pelican Marsh Unit Three Phases One and Two respectively for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Three, Phases One and Two , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. adopted after motion, second and majority vote favoring same. ~.'~ ?, BOARD OF COUNTY COMMISSIONERS '-.%, co km CO TY, TOM HE Approved as to form and legal Patrick G. White Assistant Collier County Attorney RESOLUTION NO. 03-8 6 16A7 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN CARLTON LAKES UNIT NO. 1, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CARLTON LAKES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 23, 1996 approved the plat of Carlton Lakes Unit No. 1 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereb3 granted for those roadway, drainage, and water and sewer improvements in Carlton Lakes Unit No. 1, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Carlton Lakes Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same. · ~r.~ '~4/.L'- ~, "~.,- . Attest~, s 1 gna[~e' ~n~3. Approved as to fo~ ~d legal Patrick G. ~ite Assist~t Collier Co~W Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~7/~,~.~~ ~ M HENNII~G, CHAI~'N 16 8 RESOLUTION NO. 03- 8 7 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN CARLTON LAKES UNIT NO. 2, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CARLTON LAKES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 4, 1998 approved the plat of Carlton Lakes Unit No. 2 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Carlton Lakes Unit No. 2, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Carlton Lakes Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same. Approved as to form and legal Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: MEMORANDUM Date: To: From: Re: February 27, 2003 James Turner, F.E.M.A. Coordinator Building Review and Permitting Department Teri Michaels, Deputy Clerk Minutes & Records Department Interlocal Agreement Between Collier County And The City Of Naples Administering Contracts With Tomasello Consulting Engineers, Inc., Related To Flood Insurance Rate Maps (FIRM) Restudy And Appeal Enclosed please find one (1) original document as referenced above (Agenda Item #16Al0), approved by the Board of County Commissioners on February 25, 2003. Kindly forward the agreement to the appropriate parties for the required signatures and return one fully executed original to the Minutes and Records Department. Upon receipt of the fully executed document, we will record same, and return recorded copy to you. If you should have any questions, please call 774-8406. Thank you. Enclosure INTER-LOCAL AGREEMENT 16 10 THIS AGREEMENT, made and entered into this ~3..~'~ day of ~ J~,, 2003 by and between the Board of County Commissioners, Collier CoUnty, Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the City of Naples, Florida hereinafter called the "CITY." WITNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the COUNTY, in cooperation with the CITY wishes to engage the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT" to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as "PROJECT," and WHEREAS, the CITY proposes to engage said CONSULTANT in regard to similar services; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, engage said CONSULTANT for the PROJECT; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services for COUNTY in connection with the PROJECT; NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the CITY hereby agrees to perform, provide, or otherwise undertake said services in connection with the PROJECT as outlined below, and both the COUNTY and the CITY hereby covenant each to the other to implement the PROJECT concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES TO BE PROVIDED: UNDER RESTUDY PROJECT: BEFORE STORM SURGE CALIBRATION RUNS 1.01 Develop coastal maps displaying topography, bathymetry, physical features, landuse, landcover, etc. applicable to model applications for storm surge analysis. 1.02 Setup and map grid networks (coarse and fine) for storm surge model inputs. Prepare other inputs including channel locations and parameters. 1.03 Summarize historical flooding, shoreline erosion/flooding assessment. 1.04. Prepare tidal data for use in coastal analyses and model calibration. 1.05 Prepare storm climatology and develop probability distributions. BEFORE OPERATIONAL RUNS 1.06 Develop maps showing parameters related to model inputs, barriers, and inlet geometries. 1.07 Input files prepared for operational runs. 1.08 Sensitivity storm calibrations evaluating effects of friction, wind stress, etc. 16 10 1.09 Tide and storm calibration results summarized. 1.10 Summarize any changes to model. BEFORE OPERATIONAL WAVE ELEVATION DETERMINATION MADE 1.11 Detail PROBS results in interim report. 1.12 Map storm surge/astronomical tide flooding results. 1.13 Map wave transects, provide details of WHAFIS inputs. BEFORE WAVE ELEVATION DETERMINATIONS ARE MAPPED 1.14 Wave transect calculation 1.15 Final Report Storm Climatology and Storm Windfield Methodology Hydrodynamic Storm Surge Model Calibration and Verification of Hydrodynamic Storm Surge Model Statistical Methodology Computer Program documentation Wave Height, runup and erosion analysis 1.16 FIRMs Prepared B. GOLDEN GATE SHEET 2D APPEALS RESOLUTION 1.01 Complete Appendix C/M compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, on behalf of the County. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and the CITY to each other's reasonable satisfaction which shall be evidence in writing. 2.02 The COUNTY or CITY may terminate this Agreement with reasonable cause prior to the completion of the PROJECT, upon thirty (30) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to compensation for the value of services provided, and termination costs as actually incurred. 2.03 The PROJECT as proposed shall be primarily maintained by the CITY or its assigns. SECTION III. CITY'S RESPONSIBILITIES 3.01 The CITY shall assume the entire responsibility for contracting with the CONSULTANT. 3.02 The CITY shall be responsible for, the means, methods, techniques, sequences and procedures relating to the PROJECT. 3.03 The CITY agrees to assign a representative or agent to the PROJECT during the term of the PROJECT so that the COUNTY may effectively coordinate its services with CITY. In this respect, the CITY agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. The CITY'S representative or agent under this Agreement shall be any individual, firm or entity that the CITY recommends to the COUNTY and the COUNTY henceforth approves. 16 10 3.04 3.05 Moreover, the CITY'S representative or agent under this Agreement, shall act as CITY'S contract authority under this Agreement and any directions, instructions, or notifications given such representative or agent by the COUNTY or by the COUNTY'S authorized representative or agent shall be in full force as if given directly to the CITY. The above notwithstanding, the COUNTY shall endeavor to issue directives, instructions or notifications relating to the PROJECT directly to the CITY. Administrate, in the form of plans, memoranda, reports. PROJECT clarifications and changes which may be necessary during the PROJECT. If any such changes directly affect the COUNTY, the CITY shall notify the COUNTY'S representative, and if the COUNTY approves such changes in writing, the CITY shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The' above notwithstanding, the COUNTY additionally authorizes the CITY to prepare, execute and implement minor Change Orders for work changes necessitated by the PROJECT so long as the contract amount authorized by this Agreement is not exceeded. Obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the PROJECT. SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the CITY by the COUNTY under the terms of this AGREEMENT, the services are deemed to include but shall not necessarily be limited to the following items: 4.02 In the event that the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,000. Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY'S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of $188,000 with the understanding that the CITY shall share in the cost of the PROJECT in the amount of $47,000. 4.04 Regularly and periodically examine, with the CITY or CITY'S representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the CITY'S contractor to determine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and the CITY. When such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the PROJECT services and shall transmit them for payment to the COUNTY Finance Director as part of the monthly payment processes for the PROJECT. 4.05 Notify the CITY if the COUNTY'S contractor's performance is or appears to be behind schedule with regard to the PROJECT. 4.06 Upon completion of all work associated with the PROJECT, including all Change Orders and Supplemental Agreements thereto, make a final review of the PROJECT with the CITY'S agent or representative. SECTION V. INSURANCE 16 10 5.01 The COUNTY and the CITY shall maintain insurance in the minimum amounts and types as required by Florida Law. 5.02 The COUNTY and the CITY agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations and must meet with the approval of the other party to this Agreement. SECTION VI. REPRESENTATIVES 6.01 The Collier County Community Development and Environmental Services Administrator, or their designee, either directly with the CITY or through duly authorized representatives assigned to the PROJECT by them, shall act as the COUNTY'S contract authority and representative uflder the Agreement. SECTION VII. MUTUAL COVENANTS 7.01 The COUNTY shall pay unto the CITY the amount of COUNTY'S cost of services pursuant to Article 4.01 and 4.02 above. SECTION VIII. MISCELLANEOUS 8.01 This Agreement shall be governed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 8.02 It is understood that this Agreement must be executed by both parties prior to the CITY and the COUNTY commencing with the work and services described heretofore. 8.03 This Agreement contains the entire understanding between parties and modifications to this Agreement shall be mutually agreed upon in writing by the CITY or it's designee and the Development Services Director or their designee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Dated;-...~l~'C~..~.~A.L.~,. BOARD OF COHKIT¥ ..... · .~ · :~ ~ COLLIER COUNTY FLORIDA .; . . r, ,,7~,',~,,' '"'-~'1 ';~'~" B~~~~ ,~ ~, ~O By: , ~,,~,,.,,. ~ ..;, ·. mHenmn~, Cha~an _ ".., ......... ;:..~:-:~",., :'" ~oaro ot Uounty Commis~oners Approve~ as m t0~ add legal sufficioncy: ~0[ · . eigel, CountyAttbrney ATTEST: CITY OF NAPLES TARA A. NORMAN, Clerk By:. Tara A. Norman, Clerk Approved as to form and legality: By: Robert D. Pritt, City Attorney By: Date: Bonnie R. MacKenzie, Mayor 16 ,10 letn: ATTN: TARA NORm cm or NULlS 735 8TH S1 S RAP LIS Pl J 410 2 31~7714 OR: 3269 PG: 1963 mORDID l~ tne omClAL mORDS of COlmR cc~m. ~: OI/lemOJ !t 12:25PK DWIGHT !. BROCK, CLm mm INTER-LOCAL AGREEMENT THIS AGREEMENT, made and entered into this d5~ day of f=E B., 2003 by and between the Board of County Commissioners. Collier County. Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the City of Naples, Florida hereinafter called the "CITY." WITNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163. Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the COUNTY, in cooperation with the CITY wishes to engage the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT" to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as "PROJECT," and WHEREAS, the CITY proposes to engage said CONSULTANT in regard to similar services; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, engage said CONSULTANT for the PROJECT; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services for COUNTY in connection with the PROJECT; NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the CITY hereby agrees to perform, provide, or otherwise undertake said services in connection with the PROJECT as outlined below, and both the COUNTY and the CITY hereby covenant each to the other to implement the PROJECT concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES TO BE PROVIDED: A. UNDER RESTUDY PROJECT: BEFORE STORM SURGE CALIBRATION RUNS 1.01 Develop coastal maps displaying topography, bathymetry, physical features, landuse, landcover, etc. applicable to model applications for storm surge analysis. 1.02 Setup and map grid networks (coarse and fine) for storm surge model inputs. Prepare other inputs including channel locations and parameters. 1.03 Summarize historical flooding, shoreline erosionlflooding assessment. 1.04. Prepare tidal data for use in coastal analyses and model calibration. 1.05 Prepare storm climatology and develop probability distributions. BEFORE OPERATIONAL RUNS 1.06 Develop maps showing parameters related to model inputs, barriers, and inlet geometries. 1.07 Input filel prepared for operational runs. 1.08 Sensitivity storm calibrations evaluating effects of friction, wind stress, etc. :u1E Al 0 OR: 3269 PG: 1964 Al( 1.09 Tide and storm calibration results summarized. 1.10 Summarize any changes to model. BEFORE OPERATIONAL WAVE ELEVATION DETERMINATION MADE 1.11 Detail PROBS results in interim report. 1.12 Map storm surge/astronomical tide flooding results. 1.13 Map wave transects, provide details of WHAFIS inputs. BEFORE WAVE ELEVATION DETERMINATIONS ARE MAPPED 1.14 Wave transect calculation 1.15 Final Report Storm Climatology and Storm Windfield Methodology Hydrodynamic Storm Surge Model Calibration and Verification of Hydrodynamic Storm Surge Model Statistical Methodology Computer Program documentation Wave Height, runup and erosion analysis 1.16 FIRMs Prepared B. GOLDEN GATE SHEET 2D APPEALS RESOLUTION 1.01 Complete Appendix C/M compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, on behalf of the County. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and the CITY to each other's reasonable satisfaction which shall be evidence in writing. 2.02 The COUNTY or CITY may terminate this Agreement with reasonable cause prior to the completion of the PROJECT, upon thirty (30) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to compensation for the value of services provided, and termination costs as actually incurred. 2.03 The PROJECT as proposed shall be primarily maintained by the CITY or its assigns. SECTION III. CITY'S RESPONSIBILITIES 3.01 The CITY shall assume the entire responsibility for contracting with the CONSULTANT. 3.02 The CITY shall be responsible for, the means, methods, techniques, sequences and procedures relating to the PROJECT. 3.03 The CITY agrees to assign a representative or agent to the PROJECT during the term of the PROJECT so that the COUNTY may effectively coordinate its services with CITY. In this respect, the CITY agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. The CITY'S representative or agent under this Agreement shall be any individual, firm or entity that the CITY recommends to the COUNTY and the COUNTY henceforth approves. OR: 3269 PG: 1965 1 E Ale Moreover, the CITY'S representative or agent under this Agreement, shall act as CITY'S contract authority under this Agreement and any directions, instructions, or notifications given such representative or agent by the COUNTY or by the COUNTY'S authorized representative or agent shall be in full force as if given directly to the CITY. The above notwithstanding, the COUNTY shall endeavor to issue directives. instructions or notifications relating to the PROJECT directly to the CITY. 3.04 Administrate, in the form of plans, memoranda, reports. PROJECT clarifications and changes which may be necessary during the PROJECT. If any such changes directly affect the COUNTY, the CITY shall notify the COUNTY'S representative, and if the COUNTY approves such changes in writing, the CITY shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes the CITY to prepare, execute and implement minor Change Orders for work changes necessitated by Ihe PROJECT so long as the contract amount authorized by this Agreement is not exceeded. 3.05 Obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the PROJECT. SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect 10 specific services to be provided to the CITY by the COUNTY under the lerms of this AGREEMENT, the services are deemed to include but shall not necessarily be limited to the following items: 4.02 In the event thai the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,000, Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY'S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of $188,000 with the understanding that the CITY shall share in the cost of the PROJECT in the amount of $47,000. 4.04 Regularly and periodically examine, with the CITY or CITY'S representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the CITY'S contractor to determine that they are in order tor payment and consistent with the contract documents entered into between the COUNTY and the CITY. When such requests are deemed 10 be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the PROJECT services and shall transmit them for payment to the COUNTY Finance Director as part of th~ monthly payment processes for the PROJECT. 4.05 Notify the CITY if the COUNTY'S contractor's performance is or appears to be behind schedule with regard to the PROJECT. 4.06 Upon completion of all work associated with the PROJECT, including all Change Orders and Supplemental Agreements thereto, make a final review of the PROJECT with the CITY'S agent or representative. SECTION V. INSURANCE OR: 3269 PG: 196616 A 1 0 5.01 The COUNTY and the CITY shall maintain insurance in the minimum amounts and types as required by Florida Law. 5.02 The COUNTY and the CITY agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations and must meet with the approval of the other party to this Agreement. SECTION VI. REPRESENTATIVES 6.01 The Collier County Community Development and Environmental Services Administrator, or their designee, either directly with the CITY or through duly authorized representatives assigned to the PROJECT by them, shall act as the COUNTY'S contract authority and representative under the Agreement. SECTION VII. MUTUAL COVENANTS 7.01 The COUNTY shall pay unto the CITY the amount of COUNTY'S cost of services pursuant to Article 4.01 and 4.02 above. SECTION VIII. MISCELLANEOUS 8.01 This Agreement shall be governed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attomey's fees. 8.02 It is understood that this Agreement must be executed by both parties prior to the CITY and the COUNTY commencing with the work and services described heretofore. 8.03 This Agreement contains the entire understanding between parties and modifications to th is Agreement shall be mutually agreed upon in writing by the CITY or it's designee and the Development Services Director or their designee, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. .........,,\\\\ \ \ Dated:,'':':L.~q,l\:3, BOARD OF COUNTY COMMISSIONERS ,,;~.,1P,'p '1/ COLLIER COUNTY FLORIDA ~ .............~ "., tI:\', A T'T~:r~~ ~.. "r;::' '. '.:' .,'t. OW~T~'E~~OOI(, ~~ ' ':-: 4tti:\t' IS to' ~.1""'1 .... ~\f~~~.. ~f.:' .:1 . By~ . , \ , By: ", edtJty.Qfe~~.... .' . II".. .8'I1~f(:"\'.\~.,.' "., : Approved as fo 'fe;"" arid legal sufficiency: f ~~ WI" ~'''''' l' lV' i>< ~llR.Oavld C. Weigel, County Attorney ATTEST: CtTY OF NAPL:ES '." TARA A. NORMAN, Clerk'" By:~4-~.. Tara A. Norman, Clerk I.: Approved as to form and legality: By: 'koAt-1) ~~ Robert D. Pritt, City Attomey ttt OR: 3269 PG: 1967 ttJ[ By: "/ Date: ~/,{ /a~ AlC LANDSCAPE MAINTENACE AGREEMENT AMOUNG COLLIER COUNTY AND KEITH BASIK AND JEFFREY BASIK THIS AGRE~E. NT (hereinafter referred to as the "Agreement") is made and entered into this oq,5'~--day of .J:"~'.t~, ,2003 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Keith Basik and Jeffrey Basik (hereinafter referred to as "NBC") whose mailing address is 720 Goodlette Road, Suite 305, Naples, Florida for the landscaping improvements and landscape maintenance of the medians located on Basik Drive. WITNESSETH: WHEREAS, this section is within the boundaries of the County; and WHEREAS, the right-of-way line of this section borders on the property of Keith Basik and Jeffrey Basik, principals of Naples Big Cypress, Inc. (hereinafter referred to as "NBC"), and WHEREAS, NBC desires to maintain the enhanced landscaping for an indefinite period of time; and WHEREAS, it is agreed to by the County and NBC, that this Agreement is in the best interest of, and is substantial benefit to, the general public. NOW, THEREFORE, in consideration of the above premised and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the parties as follows: 1. NBC has, at its own expense, completed the design work for the landscaping, including irrigation lines and drainage facilities, in accordance with Florida Department of Transportation standards, for the median section of the right-of-way. 2. In general, NBC has installed landscaping in the medians along Basik Drive and has paid for all costs associated with the project including construction and installation. NBC shall be responsible for maintenance of the said landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape right of way specifications, as detailed in the attached Exhibit "A". 3. NBC expressly agrees not to use the hereinafter-described right-of-way in a manner, which would interfere with or adversely affect the traffic operation or maintenance of Basik Drive. 4. Should NBC fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to NBC in writt~t~gN,i;~A ITEM No.ltt. r) -- FEB 2 5 2003 pg. OR: 3228 PG: 2972 1681 specifying the nature of the deficiency in maintenance. Within five (5) working days of receipt of such notice, NBC shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain, the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to NBC, and present the bill to the NBC for all actual costs incurred in effecting the repairs. NBC shall pay these actual costs to the County within thirty (30) days of receipt of the County's bill. 5. NBC, as it pertains to initial construction and maintenance as Indenmitor hereunder, shall indemnify and save harmless the County as Indemnitee hereunder, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or judgments, including attorney's fees and costs of litigation, arising out of NBC's use of the right-of-way for the purposes set forth in this Agreement 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement within thirty (30) days of the date that the County is aware of such claim. 7. Prior to commencing work on any improvements contemplated by this Agreement, NBC must obtain a right-of-way permit from the County which shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that work is performed. NBC shall be responsible for having permit duly executed by Keith or Jeffrey Basik in their individual capacity, unless title to folio #00763520005 transfers to NBC. 8. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to occur of either (i) the County implements any plan that modifies Basik Drive, or (ii) the County determines that the improvements cause a safety or operational concern. 9. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall inure to and be the obligation of the parties and their respective heirs, successors or assigns. 10. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 11. This Agreement may only be amended by written agreement of all parties. 12. Provided the landscaping and construction has not commenced, the County may terminate this Agreement at any time by giving NBC sixty (60)days written notice. 13. of Florida. This Agreement shall be governed in accordance with the laws of~h¢ ~tate AGF_,N DA. ITEM NO. FEB Z 5 2003 OR: 3228 PG: 2973 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by, t,[1,~ir duly authorized officers and their official seals, hereto affixed the day and y~al' ~rst~.~r~en, ~tbove. !)'A*F~:.OL~ ~'3 ;'O'O'?,---?"" ~"~' ~' '~ BOARD OF COUNTY ;_A ,:T.P~S~ .. ; ...,. , COIV~MISSIO,NjERS OF C D~I~F~Gi~T ~E: BR~K} C.-;iei-k .~LIER~NTY, FL. Printed name Witness "----'~ pfinted'n~ame Witness By: Printed name and title Printed name and title ~/~oved ~s tg fo.~n/~d legal sufficiency: Assistant County Attorney A N FEB 2 5 2003 pg. Z~j EXHIBIT "A" OR: 3228 PG: 2974 RIGR'T OF WAY GROUN-DS iVIAINTENANCE SPECIFICATIONS These specifications are intended to provide thc information by wtfich private entities may understand the minimum requirements of Collier County relative to maintaining CoUnty right-of-ways. Records of all specification requirements shah be kept and made available to the County's representative upon request. MOWING AND EDGING Mowing and edging shall include medians as ~ell as those areas, if existing, along the outside edg~ of the sidewalks of adjacent properties. ~ tuff shall be mowed w/th mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, thc bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 ½"). Thc frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the turf shal/be done with each mowing along all sidewalk edges, back of concrete curbs, around · all p/ant beds, utility service boxes, street hght bases, sign posts, headwalls, guardrafls, timer pedestals, posts and trees. Metal blade edging is not permitted along plant bed and m. rf edges where sub-surface irrigation systems exist. Mechanical metal blade, edging is permitted along back of c~rbing. Grass root runners extending into the mulched areas shall be cut and' removed when the edg/ng is performed. Edg~u. g will also be' required in al1 turf areas around/solated trees, sprinkler heads, valve b~ei~'slimbs, sign posts, manhgles, etc. where they, e.xist All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall'Be used for edging. All sidewalks, curbing and/or gutters shah be cleaned after each service. Al/sidewalks shall be blown clean, but no clippings or other debris shah be blown or allowed to be deposited on other adjacent property or accumulate on right- of-way areas. B. WEEDING Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING General site pmming shall be defined as the pruning of any plant's foliage below a ten-foot (10') level. All groundcovers, shrubs, canopy trees and palms up to a ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to m~ntain the proper or required heights for v~sib/lity, vekicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. Dm-lng the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gama or Fakaharchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four inch (24") height based upon the type of plant. Ornamental type grasses such as L/r/ope muscad 'Evergreen giant', shall only be pruned at the direction and approval of the c ' ' ounty s representative Plant mater/al w/th a canopy over pedestr/an or sidewalks shall be m~intalned at a m~n~m~zrn twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be prun~ (1') of clearance from the edge of the pathway. It is recommended that adjacent shrubs maintained so that they angle or are rounded away from the pathway. FEB 2 5 2003 OR: 3228 PG: 2975 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 161 1 D. TRASH REMOVAL With each service, ali site areas shah be cleaned by removing ail trash or debris to include, but not be limited to; paper, bottles, cans, other trash, and horticultural debr/s. All- debris Or trash pick-up shal/be performed "prior" to mow/nE m The disposal of all trash and debris must be at a proper landfill or cl/sposal site STRE ,T Street Clean!ng A four-foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F.. TRAFFIC CONTROL The Developer shall comply with ~he requirements of Collier County's Maintenance of Traffic (MOT) Pohcy, copies of which are available through the Risk Management or Purchasing Department The Developer ~hall obta/n and rev/ew the, County MOT policy requirements prior to subm/thng a bid. The Developer will be respons~le' for, .o;b.taiuing copies of all.recruited manuals, MUTcD, FDOT Roadway & Traffic Design Standards Indexes, or ~)ther relkted documents, so to bec6me familiar w/th their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee vis~ility; approved br/ght day-glow red/orange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING For th/s site, canopy trees shall be defined as any large shrub, tree or palm with foliage above a ten-foot (10') level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-foot (17') canopy clearance over the roadways and a ten-foot (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune trees under the ddrect/on of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the prLmi~g and shaping. The work shall be performed per ANSI A300 "Standard Practices for Trees, Shrubs and Other Woody Plant Maintenance" and done in a professional mariner in accordance w/th "Pruning Standards" of the National Arbor/st Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical CuP' or to a nine (9) o' clock - three (3) o'clock angle from horizontal at the base of the palm's bud or lowest fronds. Approx/mately seven (7) to ten (10) green fronds shal/be left at the head after priming. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shah be done in a professional manner in accordance with acceptable trade standards and practices. The palms sba/1 not be climbed with tree sp/kes to remove the fronds. The praning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the p~nrning shall be removed and the site shall be le~t in a clean ,~d. ?~~ ITEM FEB 2 5 2003 ?-2 September 7,200 t Pg. (f OR: 3228 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) PG: 2976 When the annual or bi-annual heavy priming .work is be/ng performed with the use of a lift or boom truck; it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current F.D.O.T. Waffc control standards and indexes. ti. FERTILIZATION Granular fertilization of shrubs and groundcovers shah 'be app//ed by hand/n a- twelve-inch (12") wide radius ring around the base of the plants. Granular fertilization of the Trees and Palms shah be de'ermined by the cai/per (diameterj of the mink and broadcast by hand in a band around the plant's base frown a distance'of 12" to the drip line of the palm~ wherever possibld( An 8 oz. cup equals one (1) pound. Trees and palrn~ shall receive one (1) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spreack Shrubs and groundcover shall receive one- hal/(½) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shah be applied as set forth in the following schedule. Turf Areas and Plant Beds containing Shrubs, Groundcovers and Trees The (13-3-13) f~rtilizer shah be applied at a rate often (10)pounds per one thousand (1000) sq. ft. for all areas. Four appl/cafions of (13-3-13) ferti//zer wil~:.be applied yearly dm-J,ug the months '_of Febru~-y, May, July, and October. Palms Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top fronds, manganese sulfate will be required and ffon the lower fronds, Sul-Po-Mag or equ/vlalent will be required to be applied with the palm fertilizer at the rates specified. I. lVlTJL CI:[I~G .Organ/c Mulch Areas with no mulch or new planting areas shall have mulch placed to prov/de for a four inch (4") non-compacted or unsettled depth measured from the ex/sting soft grade. The area to receive the mulch shall be raked level to establ/sh the proper finished grade and have all weeds removed pr/or to the placement of the mulch. Two inches must be appl/ed to replen/sh this mulch twice a year, during November and during May. J. LANE CLOSURE Lane closure for median maintenance shall be Iiraited. Upon proper placement of lane closed signs, pre-warmug signs, arrow boards, traffic cones etc., the lane maybe resU-/cted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the County's representative. K. IRRIGATION SYSTEMS The m/gat/on systems shall be checked and repa/red as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operation of the system. Quick coupling valve~ if ex2stmg, shall be reviewed weekly and operated quarterly to insure proper operation. Maintenancl include cleaning and adjustment of heads, nozzles, valve boxes and valves filters to /nsure propm filters and back/Iow preventers, replacement of heads and nozzles, installation or replacement ?-3 September 7,2001 Pg. '7___---- OR' LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 3228 PG: 2977 PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/I/ds and adjustment of controllers and rain shutoff switches for settings and operation, Where required, the Developer shall maintain on site reclaimed water irr/gafion signage. SuBsurface Irri¢ation Systems: No excavation or mechanical metal blade edging around plant beds shal/be done wSthi~ the Right-of-way. Mechanical. metal blade edging is perm/tted along the back of curbing. Weekly Service Requirements: ? 1. A visual irmpection o/: the subsurface irrigation systems shall be performed weeidy tO determine i/the systems are functionSng normally and if cuts, leaks;'piping damage, flooded areas ex/st, and repak as necessary. Th/s shall also include review and re-sett/ng of the controllers and in-ground moisture" sensor adjustments or other ram sensing devices as needed. System Computer / Controller a~ Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repa/r e.le.ctrical and mechanical malfunctions. c. Momtor and adjust the system zones moisture levels based upon moisture sensor readings. ck Operate controller on automatic, manual and single trip operation. e. Monitor c0ntr.oller standby battery backup and. replace as require& Automatic Control Assemblies and Quick Coupling val'~es . a. Review control valve assemblY and by-pass system (for proper Settings. ' b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. Purrm Sites a. Inspect for proper operation. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 7. Review system water source cormections to include water, meters, back/low preventers, gate valves, points of connection and main lines for proper operation, Monthly Service Requirements: 1. Automatic Control Valve Assembly a. Manually operate valves, and clean valve assembly filters. 2. Baclcflow Assembly a. Review assembly for proper operation and clean filters as needed. 3. Oreck Cou~linz Valves a. Review boxes mad operate valve. 4. Pum~ Sites a. Once a month, the Developer w/il Irouble shoot each pump station, check/ng amperage draw and document the results for future reference b. Manually run the system to ensure proper coverage and that no sprinkler hea~ and nozzles are spray/ng onto the roadway. Clean and adjust spnnkler heads and nozzles a~d/n-/gat/on sh/elds to ensure proper coverage. c. The Developer w/21 check all zone wiring and solenoid cond/tions through the use o: document the results for future reference. d. TSe Developer wil/clean the strainer filters and respect them for wear at Pump Station 74 September 7,2001 FEB 2 £gJ3 pg. ~) OR: 3228 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 5. Manually run the system w/th open flUS'h caps and review spr/nkler head indicators located at the end o£ zones. PG: 2978 Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping/s functioning properly. 7. Check, analyze and adjust flow control devices as' required. Quarterly Service Requirements: ' - .. 1. Review all subsurface system piping, vai;Ce a~sembhes, wiring, moisture sensors .and controllers for overall general operation and provide adjustments as required to assure proper operation and h-r/gadon apphcadon. Conventional Pop-up Irrigation Systems: Weekly Serv/ce Requiremer~ts: 1. Each median zone shah be manually Un-ned on at. the valve to ascertain proper operation of the system. 2. Repair system for any Mo~-o. ffheads, broken lines or-leaks around heads or valves. 3. Check the controllers and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all spr/nklers heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation c0~erage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: l. Manually run the system, clean and adjust spr/nkler heads/nozzles and concrete donuts as necessary to ensure for proper coverage and that there are no sprinkler heads/nozzles spraying directly into the roadway. A. Each median and side r/w zone shall be manually turned on at the valve to ascertain proper operation of the system. B. Repair system for any blown-off heads, broken lines or leaks around heads or valves. C. Check the controllers and rain sensing devices for proper operat/on and settings. D. The Developer shall further adjust al/sprinkler h~ads to ensure that all landscaped areas receive one hundred percent (100%) irrigalSon coverage. al/ work areas the Developer shall review the plant mater/al and tuff for dry conditions and if found correct the problerm General Serv/ce Requirements for Irri_~ation Systems: N .... FEB'2 5 2C23 P-5 September 7,2001 Pg. ri *** OR: 3228 PG: 2979 *** LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) Should South Florida Water Management Distr/ct or other governing agency establish water restrSctions, the /rrigation systems shah be inspected and al/controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repa/r minor breaks or restricted sprinkler lines. 3. Replace damaged v~lve'boxes/Iids if caused by the Maintenance Developer. Inspect, clean and replace,//necessary, ~c~een/filters w/thiu the spr/nkler h~ad.s. '.. Keep all grass and mulch out of all v~e. boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch level. Inside of al/ valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100%)accessfole. 6. One hundred percent (100%) irrigation coverage shah be maintained w/thin all irrigated landscaped areas wh/le this Contract is in effect. ' 7. Notification to the Cotinty's representative is required when acts of vandalism or accidents have occurred to the irrigation, system. Photos shall, be taken and provided to the County;s representative at no added cost. MISCELLANEOUS IRRIGATION MAINTENANCE KESPONSIBrr.I~ES Should the temperature be forecast to be below thirty-fo~ (34) degrees, the Developer shall be responsible for turrfing the irrigation system off in order to protect plants from possible freeze damage. It shah be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation nmaintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volt and 24-volt fuses, 24 volts output when necessary. 4. The irrigation service personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. L. BRICK PAVERS Al/median br/ck paving shall be pressure cleaned twice per year, in Apr// and November, to remove marks, gum and other dirt thaf may be deposited on the surface areas. Upon finding damaged areas, the Developer shall clean-up debr/s if present, and/or flag off the areas w/th protectS-~e barriers and/or high visibility hazard tape. Damaged areas must be repa/red as qu/c!dy as possible. M. Pest Control Trees, Palms, Shrubs, Groundcovers, and Sod must be closely mon/tored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative AGENDA I~M No. !tOG FEB 2 5 L.33 P-6 September 7,200t 16B2 U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project COLLIER COUNTY BID NO. 02-3365 COLLIER COUNTY, FLORIDA (Transportation Landscaping Projects) Design Professional: McGee & Associates 5079 Tamiami Trail East Naples, Florida 34113 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 9/26/2002 11:59 AM TABLE OF CONTENTS B. C. D. E. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE I ONLY) INSTRUCTIONS TO BIDDERS BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS AGREEMENT AGREEMENT EXHIBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT E-l: EXHIBIT Fl: EXHIBIT F2: EXHIBIT G: EXHIBIT Gl: EXHIBIT G2: EXHIBIT H: EXHIBIT HI: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHIBIT L: ' Performance and Payment Bond Forms Insurance Requirement Form Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Irrigation Substantial Completion Form Certificate of Landscaping Substantial Completion Form Final Payment Checklist Certificate of Landscaping Final Completion Landscaping Warranty General Terms and Conditions Dispute Resolution Procedure Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by McGee & Associates and identified as follows: U.S. 41 Tamiami Trail North Streetscape Beautification Project, as shown on Plan Sheets C-1, PI-PT, 11-17. 9/26/2002 11:59 AM PART A- PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA U.S. 41 TAMIAMI TRAIL NORTH PHASE II STREETSCAPE BEAUTIFICATION PROJECT COUNTY BID NO. 02-3365 Separate sealed proposals for the construction of U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the - Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 30th day of October, 2002, at which time all proposals will be publicly opened and read aloud. Any bids received after the time - and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Conference Room at 11:00 A.M. LOCAL TIME on the 15th day of October, 2002, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. - Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project, County Bid No. 02-3365 and Bid Date of October 30, 2002". No bid shall be considered - unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will -be awarded for all Work. Bidding Documents may be examined in the office of the Purchasing Department, Collier County Government Complex, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 941-774-8407, upon payment of $35.00 for each set of documents-to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 TR-PN-1 9/26/2002 12:03 PM 1682 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The. successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insui'ance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent Iow Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred forty (140) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 1st day of October, 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~si Stephen Y. Carnell Stephen Y. Carnell Purchasing/General Services Director TR-PN-2 9/26/2002 3:09 PM PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is - in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- - P-1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the - bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County - Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location - specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR-IB-1 9/26/2002 11:59 AM Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner. on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. TR-IB-2 9/26/2002 1 ! :59 AM 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall - be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or - clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for - such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR-IB-3 9/26/2002 11:59 AM 16 2 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory, lin instances were the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid.] Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder _either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR-IB-4 9/26/2002 11:59 AM 16B2 - set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the - unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the _ contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has _ exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax - Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract - award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, - Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR-IB-5 9/26/2002 11:59 AM Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 9/26/2002 11:59 AM TR-IB-6 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION ADDENDUM 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http ://co.collier.fl. us DATE: TO: FROM: SUBJECT: November 13, 2002 Interested Bidders Lyn M. Wood, _C.P.M. Purchasing Agent Addendum # 5- Bid #02-3365 - "US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #5 covers the following change for the referenced Bid' Change: Plant Schedule with Addendum #5 Plant Schedule Delete: Add: Replace: the Contract Proposal pages TR-P-2 andTR-P-2C from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Pam Lulich, Transportation Operations Department at 239-659-5763 or me at 239-732-2667 or by e-mail at LynWood@colliergov. net. cc: Pam Lulich, Transportation Operations Mike McGee, McGee & Associates mmmm 0 Z 16[~2 rtl Z ~ Mature Sp Hr./ r. Installation De. ils 16 2 COLLIER COUNTY GOVERNMENT PUR CHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http ://co. collier.fl, us ADDENDUM DATE: TO: FROM: SUBJECT: November 8, 2002 Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent Addendum # 4- Bid #02-3365 - "US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #4 covers the following clarification for the referenced Bid: Question: The plans show a 2 foot wide strip along the planted (mulch bed) areas. Is this 2 foot wide strip to be sodded or mulched? Answer: It is to be mulched If you require additional information please call Pam Lulich, Transportation Operations Department at 239-659-5763 or by email at PamLulich@colliergov. net or me at 239- 732-2667 or by e-mail at LynWood('C_,colliergov. net. cc: Pam Lulich, Transportation Operations Mike McGee, McGee & Associates COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http://co.collier.fl.us ADDENDUM DATE: November 6, 2002 TO: Interested Bidders FROM' Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 3- Bid #02-3365 - "US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #3 covers the following change for the referenced Bid: Change: The bid due date from November 13, 2002 to November 22, 2002 If you require additional information please call Pam Lulich, Transportation Operations Department at 239-659-5763 or by email at PamLulich@colliergov. net or me at 239- 732-2667 or by e-mail at LynWood@colliergov.net. cc: Pam Lulich, Transportation Operations Mike McGee, McGee & Associates 16 2 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http.'//co, collier.fl.us ADDENDUM DATE: TO: FROM: SUBJECT: October 29,2002 Interested Bidders Lyn M. Wood, C.P.M. ,,~ t~ Purchasing Agent Addendum # 2- Bid #02-3365 - "SR 45 - US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #2 covers the following change for the referenced Bid: Replace: the Contract Proposal pages TR-P-2 and TR-P-2b from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. Clarifications: 1.) Bidder shall supply a per Cu. Yd. unit price for excavation and removal of existing soil and/or limestone road base materials to a depth of eighteen (18) inches. 2.) Bidder shall supply a per Cu. Yd. Unit price for delivery and installed clean topsoil per Section V-Planting Soil Preparation, Part 2-Products, 2.01 Topsoil, PSP-3. 3.) The project shall be bid with the intent of the County to have two "Notice To Proceed" dates. One will be for notice to proceed with the project for purchase - 1 4.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) 1692 of stored goods only and the second to be for construction. Dates are as follows: "Notice To Proceed for Stored Goods" 00/00100 "Notice To Proceed for Construction" 05/00103 Irrigation main line depth shall be typically forty-eight inches (48"). All sleeves/casings sizes shall be as labeled on the plans except for the three (3) inch diameter shall be four (4) diameter size sleeves/casings. It is not the purpose of these plans to show all details of construction, only the intent. The contractor is expected to furnish and install all items as necessary for a complete installation in 100% working order. The 1.25" diameter valve wire conduit as indicated in the plans shall be a two (2) inch diameter. Six inch (6") sleeves/casing shall contain the reduced main lines and a two (2) inch diameter conduit for the valve wires. Bidder shall provide an installed per Ln. Ft. unit price for the installation of electrical wiring and conduit as that currently being bid from the controllers to the electric service locations. Bidder is to bid the under ground electric service installation with an assumed location of it being located under the power lines on the east side of the frontage road directly across from the proposed controller locations as shown on the plans. County shall provide irrigation controllers to Contractor. Contractor is responsible for installation and adjustment. All main line and sub-mains shall be reused water color coded piping. The 1. proposed median soil excavation and preparation procedure is as follows: Remove existing soil and vegetation to a four inch (4") and six inch (6") depth. In the turf areas the soil is to be excavated to a four inch (4") depth maintaining the existing median soil cross-section profile per detail Gl1 sheet P7 of 7. After the existing soil is excavated the turf areas are to be rotor tilled to an eight inch (8") depth. In the planting bed areas the existing soil is to be generally excavated to a depth of four inches (4"), at back of curbing, and four inches (4") to six inches (6") at the median C/L, from the top of the curbing. An additional four inches (4") of soil will need to be removed for the installation of the four inch (4") depth of the planting soil mix, Bid Item 111-3, and per detail Gl2 sheet P7 of 7. The result of the planting bed excavation and fill process will leave the bed area in concaved form. Once the four inches 2 If you Operations Department at 239/774-8494 or me at 239/732-2667 LynWood@colliergov. net. 16B2 (4") of Planting soil mix is installed the area of planting soil mix shall be rotor tilled to an eight inch (8") depth so to mix the different soils. require additional information please call Pam Lulich, ASLA, Transportation or by e-mail at cc: Pam Lulich, ASLA, Transportation Operations Mike McGee, McGee & Associates 0 zr 0 ---t ,-- 0 X · F- + + + :;I:] ITl 000 ~00 0000 O~ ~mmm mmm mmmm $. I-- I-- r'" FI'II'FI rTl ITl ITl ITl E g FO m m FO m mmm m r- z m z ITl Z el n COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http://co, collier.fl.us ADDENDUM DATE: October 24, 2002 TO: Interested Bidders FROM: Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 1- Bid #02-3365 - "US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #1 covers the following change for the referenced Bid: Change: The bid opening date from October 30, 2002 to November 13, 2002 Addendum #2 with clarifications and new proposal pages will be issued next week. If you require additional information please call Pam Lulich, Transportation Operations Department at 239-659-5763 or me at 239-732-2667 or by e-mail at LynWood@colliergov. net. cc: Pam Lulich, Transportation Operations Mike McGee, McGee & Associates BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16B2 U.S. 41 TAMIAMI TRAIL NORTH PHASE II STREESCAPE BEAUTIFICATION PROJECT BID NO, 02-3365 Full Name of Bidder Main Business Address Place of Business Telephone No. E~O,.~ - ~O,.~ -OO(~L~ Fax No. .~,3_% - ~'O.~ - q- :2 ~O State Contractor's License # ~6-~ ~(~O"}'~-?; To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Contractor's Date Issued Addendum Number s/oz Bidder proposes, and aDrees if thisI Prol~osal is accepted, Bid'd~r will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: pages. If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal TR-P-1 9/26/2002 11:59 AM 16~2 E8I--.J ZOO/gOO'd BgE-I '~'BO ZU. It8 ~UlSeLI~Jnd ,quno~ .,I,!l[O:l..uoJd g~:k[ LOO/~flfll~ tr~vT ............ 16B2 1692 o~= ~ -~e~ ~ ~ ~ > m oz~w m ~ E '~~ ~ ~~mz~gBz ~1~11'~1 9~~ ~[ ....________~ ~ 0 · ~ ~ ~/~J 1682 DATE CERTAIN DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: APPROVED BY: DATE: DATE: DATE: CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE S.R. 45, U.S. 41, TAMIAMI TRAIL NORTH STREETSCAPE BEAUTIFICATION PROJECT PHASE TWO CONTRACT AND/OR CONSTRUCTION ACTIVITIES CONTRACT AWARD NOTICE TO PROCEED SYSTEM SUBSTANTIAL COMPLETION IRRIGATION DAYS TO MAKE SUBSTANTIAL COMPLETE OBSERVATIONS CREATE OBSERVATION PUNCH LIST FOR IRRIGATION SYSTEM ONLY PROJECT SUBSTANTIAL COMPLETION OBSERVATION CREATE OBSERVATION PUNCH LIST FOR ENTIRE PROJECT DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS FINAL COMPLETION OBSERVATION FDOT, COLLIER COUNTY, DESIGN PROFESSIONAL FINAL ACCEPTANCE NOTIFICATION ~(ALTERNATE) ESTABLISHMENT MAINTENANCE ANNUAL WARRANTY OBSERVATION WARRANTY CORRECTIONS & NOTIFICATIONS WARRANTY ACCEPTANCE NOTIFICATION FDOT, COLLIER COUNTY, DESIGN PROFESSIONAL DESIGN PROFESSIONAL COLLIER COUNTY TRANSPORTATION OPERATIONS DEPARTMENT CONTRACTOR TR-P-2e 16 2 MATERIAL MANUFACTURERS ~.- The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance - of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. 2. 3. 4. 5. 6. MATERIAL ~OIL CF'EIZ'I"I I. I ~E/~,) MANUFACTURER IZ~om$. i N£. Dated TR-P-3 _ 9/26/2002 11:59 AM - LIST OF SUBCONTRACTORS 16B2 - The undersigned states that the following is'a full and complete list of the proposed subcontractors on this Project and the class of work to be performed byeach, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further - acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper - licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address Class of Work to be Performed Dated TR-P-4 _ 9/26/2002 11:59 AM STATEMENT OF EXPERIENCE OF BIDDER 1682 The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference Dated TR-P-5 9/26/2002 11:59 AM VlLA AND SON LANDSCAPING CORP. NAME OF PROJECT: 2000 OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: MAJOR PROJECTS COMPLETED 41 Street Miami Beach City of Miami Beach John De Pazoz 305-673-7490 Vila and Son Landscaping Corp. $932,030.00 2000 16B2 NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: Yacht Club @ Portofino Miami The Related Group Chase Construction Roberto Rocha 305-460-9900 $226,355.00 2000 NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: Griffin Rd-SR818 Broward Co. F.D.O.T. Roger Hawkins 954-792-4205 Triple R Paving $124,635.00 2001 NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: Aventura Blvd Aventura City of Aventura Tony Tomei 305-466-8900 Vila and Son Landscaping Corp. $1,105,860.00 1999 NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: St. Andreus at the Springs Palm Beach County Springs The Related Group Roberto Rocha 305-460-9900 Fortune Construction $662,475.00 2000 NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: Biscayne 4 City of Aventura Aventura Tony Tomei 305-466-8900 Vila and Son Landscaping Corp. $873,960.00 1999 Page 1 VlLA AND SON LANDSCAPING CORP. NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: G EN ERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: G EN ERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: MAJOR PROJECTS COMPLETED Okeechobee Interchange Palm Beach Co. Florida Department of Transportation The DeMoya Group Demoya 305-255-5713 $689,545.00 2OO2 16 12 City Place Palm Beach Co. Palladium Group Frank Zaremba 561-832-4995 Whiting-turner $1,330,000.00 2000 Pt. St. Lucie Blvd. Palm Beach Co. FDOT Vila and Son Landscaping Corp. $495,625.O0 2001 Biscayne 4 North Miami Beach City of North Miami Beach Mr. Carlos Rivero 305-948-2980 $386,255.O0 2000 Pinetree Park Miami Beach, FL City of Miami Beach John De Pazos (407)939-0938 $226,85O.00 2000 Lummus Park Miami Beach City of Miami Beach Vila and Son Landscaping Kevin Smith (305)673-7730 $453,360.00 2000 Page 2 VlLA AND SON LANDSCAPING CORP. NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: MAJOR PROJECTS COMPLETED The Enclave @ Naples Naples, FL The Related Group Current Builders Roberto Rocha 305-460-9900 $869,035.00 2001 SR821 Heft Dade Co. F.D.O.T. The Demoya Group 305-255-5713 $133,755.00 2001 So. County Neighborhood Broward Co. Broward Co. Jim Allen (954)384-4440 Smith and Company, Inc. $173,430.00 2001 Sunrise Blvd. SR 7 Broward Co. FDOT Kevin Flynn 954-975-4855 L.G. DeFelice Construction $438,325.00 2000 Cleveland Clinic Weston, FL Centex Rodgers Inc. Larry Hawthorne (305)932-6022 $612,630.00 2001 Holiday Park Broward Co. Z. urgui Construction Eduardo Gonzalez 305-221-6100 $7O7,760.00 2001 Page 3 VILA AND SON LANDSCAPING CORP. NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: G EN ERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: Weston Road Weston, FL Triple R Paving Roger Hawkes (305)944-4205 $312,270.00 2001 MAJOR PROJECTS COMPLETED F.D.O.T. 1-95 Landscaping Broward Co. Florida Department of Transportation Mr. Carl Higgins (954)972-1760 Vila and Son Landscaping Corp. $3,176,998.00 1998 Buena Vista Dr. Widening Orlando, FI. Reddy Creek Improvement District Walt Disney Imagineering, Inc. Larry Harlos $624,797.00 1998 Universal City Resorts Area Landscaping Ph 1 Orange Co. Universal City Development Parners Mr. John Fitzgibbon (407)248-7500 Vila and Son Landscaping Corp. $2,938,000.00 1998 Disney's Animal Kingdom "Advance Planting" Orlando, FI. Martin K. Eby, Inc. Mr. Ed Wastall (407)824-8236 $3,320,000.00 1998 Miami Northwestern High School Miami - Dade County Miami - Dade County Public Schools Gsaton-Thaker General Partners Mr. Ken Potter $254,993.00 1998 Page 4 VILA AND SON LANDSCAPING CORP. NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: G EN ERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: MAJOR PROJECTS COMPLETED Northshore Improvements Miami Beach, FI. City of Miami Beach S.I. Nicholas Samir Nocholas (954)593-4843 $780,309.00 1998 16 2 Aventura Boulevard Streetscapes Aventura, FI. City of Aventura Mr. Robert Sherman (305)466-8900 Vila and Son Landscaping Corp. $1,483,122.00 1998 Gables Grand Plaza Coral Galbes, FI. The Related Group of Florida Mr. Roberto Rocha (305)460-9900 $195,150.38 1998 Brickell Yacht Club Miami-Dade County The Related Rocha Mr. Edmundo Gonzalez (305)460-9900 $256,310.00 1999 Ocean One Miami Beach, FI. John Moriarty and Associates Mr. John Leete (954)964-6110 $501,415.00 1999 NE 207th Street Improvements Aventura, FI. City of Aventura Mr. Antonio Tomei (305)466-8900 $1,109,286.00 1999 Page 5 VILA AND SON LANDSCAPING CORP. NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: MAJOR PROJECTS COMPLETED St. Andrews at the Springs Palm Beach Co. The Related Group of Florida Mr. Roberto Rocha (305)460-9900 $629,755.00 1999 NE 191 Street Improvements Aventura, FI. City of Aventura Mr. Antonio Tome~ (305)466-9900 $655,178.00 1999 Page 6 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1 1990. The Bidder further identifies the cost to be summarized below: ' Trench Safety Units of Unit Unit Extended Measure Measure .(Quantity) Cost Cost .(Description) .(LF,SY) ' ' ~ 1. 3. 4. 5. TOTAL $ .... ~ Failure to complete the above may result in the Bid being declared non-responsive. DATE BY: Biad'e~ ' TR-P-6 :: 9/26/2002 11:59 AM CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non-responsive. Vila & Son Landscaping will fully comply with items 1 and 2 mentioned above. Vila and Son will guarantee there will be conflict of interest involving this project. no Date: TR-P-7 --~ 9/26/2002 11:59 AM _ Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: - ~-Z o~e b,c~ ,~ot~-~fdollars ($ ) is to become the property of the Owner in the event the Contract, Insurance and' Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed _ unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within sixty (60) consecutive calendar days for the Irrigation portion of the work and - one hundred twenty (120) days for the entire project, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred forty (140) consecutive calendar days, computed by - excluding the commencement date and including the last day of such period. .Respectfully Submitted' State of county of l%.¢e ~ '~Ii (~ _, being first duly sworn on oath deposes - and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. - ~-~'z-O'¢~1 ~; IO.- _, also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are - true and correct. (a) ~ The Bidder is a corporation organized and existing under the laws of the State of _ JE'I~ ri¢ ¢< , which operates under the legal name of ~'~-~';~'r~'~'¢,¢ ," ,~- r 'l-io,q , and the full names of its officers are as follows: President ~-~ c~,.r~ ('~,cu~ I~,~-, Secretary ~:::~o,~,~i~ J', o Treasurer ~ ci~ i o Manager v;Io. TR-P-8 9/26/2002 3:11 PM .and i..~r (does not) have a corporate seal. "l'f1~-~ ~'J/ -i~'~ru'd-m~l"~d~o sign conslructicn propo~..~_ ~nd~ntracts for the cern?ny by ~ctic~ of i~ Board '~ , ~ -,,,~,,'"~:~ ,~;~ hereto (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: _ (c) Individua! The Bidder is an individual whose full name is _ operating under a trade name, said trade name is DATED ¢. I ¢5r , and if legal entity Witness Witness BY: Name of Bidder (Typed) Signature Title TR-P-9 [Corporate Seal] 9/26/2002 11:59 AM STATE OF COUNTY OF ~ ~-~' -~. The foregoing instrument was acknowledged before me this 'z I day of ~t) o~,,~-~,,~-- 2002, V~ \~- ', %,~--,- c.,~.~,o~. O~ -~ , a '~'-~ ,k,. corporation, on behalf of the L_ ' ., as ~ e,.~ ~,..~- of corporation. He/she is personally I~nowrJrto me or has produ(Jed as identification and did (did not) take an oath. My Commission Expires: NAME: (S' n .'~ e of ary) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of jCL. Commission No.: CC. ~/!2/-/;[ Jj ,-'~ :/~-'-. JAYZWELLING II Il?..'; i~-' ?, MY COMMISSION # CC 811843 II ]l-3A':,d~;~-: EXPIRES' Februarv 23 2003 ~-~1 TR-P- 1 0 9/26/2002 11:59 AM Westfield Insurance Company P.O. Box 5001 Westfield Center, OH 44251-5001 (330) 887-0101 Bond No. · 16 2 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Contractor Name: Vila & Son Landscaping Corp Owner's Name: Board of County Commissioners Collier County, Florida Address: 20451 SW 216th St. Address: Miami, FL 33170 Phone # (305)255-9206 Phone # Obligee Name: (if different from property owner) Address: Contractor N umber: (assigned by owner) Phone # Project Description U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project Bid No. 02-3365 Project Address Legal Description of Property This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. BID BOND 16B2 KNOW ALL MEN BY THESE PRESENTS, that we · · (herein af[er ca e Principal) and ~estfield Insurance Company (herein called the Surety), a corporation chartered and exiSting unde~ the laws of the Stat~ of - Ohio with its principal offices in the city of Westfield Center and authorized to do business in the State of ¥1orida are held and firmly bound unto the p~¢] n£ On,,nrv ¢.nmmi.~.~inqers C,~l lier County.. Florida (hereinafter called - the Owner, in the full and'just sum of. f~ve per, eOt of amoun[ Md dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety - bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: U.S. 41 TAMIAMI TRAIL NORTH PHASE il STREESCAPE BEAUTIFICATION PROJECT Bid No, 02-3365 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a _ Contract in accordance with the Proposal'and upon the terms, conditions and pdce(s) set forth therein, of the form and manner required by the Owner, and'execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred - percent (100%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing - requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 7th day of November ,2002. Vila ndscaping (Seal) 9/26/2002 11:59 AlVf TR-P-11 1682' Local Resident Producing Agent for (Seal) Westfield Insurance Company TR-P-12 9/26/2002 11:$9 AM General Power of Attorney CERTIFIED COPY POWER NO. 0994802 04 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men Dy These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO ~ FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THOMAS L. WEBB, ARTURO FRANCISCO HOYO, FRANCES L. LOUCKS, JOINTLY OR SEVERALLY ~ - 16B of MIAMI SPRINGS and State of FL its true and lawful Attorney(s)-in~Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship .............................................................. . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to fhe following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 12th day of AUGUST A.D., 2002 . Corporate .... -UR- % " ...... ' ~,- ~ .~ ',, ,,,,,'~}.9.N.~.~./~',,,,, Seals ~d'~,~ ............ ~'~ ~". Stat~ of Obi County of Medina ss.: ..~.~/j~'~.~. WESTFIELD INSURANCE COMPANY ,~ "'~"-..'~.,~ WESTFIELD NATIONAL INSURANCE COMPANY ~-~.,,~,~,e~..--;~.~ ~ ~'",~ OHIO FARMERS INSURANCE COMPANY % ~ "'.m...*" '~/ * Richard L. Kinnaird, Jr., Senior Executive On this 12th day of AUGUST A.D., 2002 , before me personally came Richard L. Kinnaird, ,Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. seal .,,, ~.~..A. L ,% T "~'J~'---,---~--/~ · William I. Kahelin, A~rney at Law. Notary Public State of Ohio Comm, ,on .ot 0. o County of Medina ss.: %?~S~ ~' %, EOF ',,,'"' I, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 7~ day of M. B~ooks Rorapau~ BPOAC2 (combined) (06-02) THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department 16B2 BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. '/'The Bid has been signed. 2. '-/'The bid prices offered have been reviewed. 3. v"'The price extensions and totals have been checked. 4. '¢'"-The payment terms have been indicated. 5. ,,-"Any required drawings, descriptive literature, etc. have been included. 6. ,..-'Any delivery information required is included. 7. /If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. v/Any addenda have been signed and included. 9. '-/'The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope .must be sealed and marked with: '"' <::>Bid Number; /<::>Project Name; ./c:>Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified _.openin~ date and time. (Otherwise bid cannot be considered.) - ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDF O,~E COURIER PACKET C... Si~-uce"& Title ' ~ ~'e ~'~ Date TR-P-13 9/26/2002 11:59 AM ' . . ":'.', ' ,.:'..'.'' 'i'.':,.'. ,, ' '~ ; ":;'."' " .' .' '.:..~- ." , ' '.,.'.". " · '. ..... '.'.. ..... ' · '. ,.. -':'~" .' '-.~-" -.' '-,.";../ · .:' .'.~,?"',' ' '"-.." ' ".-~''. ....... '"..~' '-' ..... , '','i. ,::.' :-' -"..,",',- .'. ~." .: '.4.' .,. ' -,. · . ' ; ,-.'!; ..': ' ' '-',:.".,' .'::...':'", ..'.' '." '.--', .'.,",',:".,:.::, ..', :'~'¢'::..".-,":,'::": .'F':i '-'~'.4;.4", ~.:.',.",::¢:~:4."~..'.;,-*::",,":'.~'.:~',,~ '~. ".'.:'°' '~:;-,';'.'4',;'~:.:'~ ;:-:':":,,-'.'-,"::.:."?' 4i- ",~-::.':.', ....t' ,:i:';:'"';' '.:".".',~.":, ,. .'.,.'".' ; :: '.:;;."~¢;.:'"".-,:.-'.:::" '. ~' ,'. ...':...',. "; ;:k.:'.:.':.' ';~?'.'?~; ":~ "..- ;~;.' ...":' "~ ',',',: '. .-'...": 4;, &','%.':~%~.'"!: · :'4 :".. ~'.'¢-':"' ':..":"'.-' "."; ~'" :,'*':-';:":::'-:'C?'" 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'"' ..":~':' .:'' ' "". . ' ' ".' rTm,"~U[lllPr k. OIJll;,v PUrch~;inl' g41 73~ g$44 T-296 P.O01/OOI ;-?;6 'COT.L~:R COUNTY GOVERNMENT A~S?2ATrVE sE2vx¢~sDrv~mo~~ SSOl EAST ~AMIAM~ TRAIL PURCHASING BUILDING NAPLES, FLORIDA S4112 (2S9) 7~2-2667 FAX (2S9) 7-22~0844 l~ttp './/co.collier.fl.u s ADDENDUM DATE: October 24, 2002 TO: Interested Bidders ~:~ -'~~] FROM: Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 1- Bid g02-3365 - "US 41 Tamiami Trail North Phase .Two Streetscape Beautification Project" Addendum #1 covers the following change for the referenced Bid: Change: The bid opening date from October 30, 2002 to November 13, 2002 Addendum #2 with clarifications and new proposal pages will be issued next week. If you require additional information pl~..ase call Para Lulich, Transportation Operations Department at 239-659-5763 or me at 239-732-2667 or-by e-mail at _L,v;nWood ('~_ collier_~__ov, n et. CC: Pam Lulioh, Transportation Operations Mike McGee, McGee & Associates ..... I~ UU//UU? -, OJ;'Zg"o~ 11:42 From-Collier C~unt~ Purchaslnl 941 16-B2 To:; [] F=r R~vlm~r ~ Pie~e.C~mrne~t - 7 *,'~u ~002/007 11:4Z From-Collier C~unt~ Purch~ln~ 941 ?~Z DB44 T-~58 P,OOE/OOT P-TB~ COLLIER COUNTY GOVERN1V .NT ~'UR ~HA$i-~G Di~'ART~r- sao~ F, AST T~ ~TT. ~NIS~T~ ~R~C~ D~SION P~C~ING B~LD~G ~LES,,FLOR~A ~112 (2se) F~ (239) http'Y/co, collier.fl.us ADDENDUM DATE: October 29,2002 TO: FROM: Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 2- Bid #02-3365 - "SR 45 - US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #2 covers the following change for the referenced Bid: Replace: the Contract Proposal pages TR-P-2 and TR-P-2b from the original packet with the attached revised Proposal Page~, Bidders mus[u.se the Addendum Proposal Page in order to be considered for award. Clarifications: l.) Bidder shall supply a per Cu. Yd. unit price for excavation and removal of existing soil and/or limestone road base materials to a depth of eighteen (18) inches. 2,) Bidder shall supply a per Cu. Yd. Unit price for delivery and installed clean topsoil per Section V -Planting Soil Preparation, Part 2-Products, 2.01 Topsoil, PSP-3. 3.) The project shall be bid with the intent of the County to have two "Notice To Proceed" dates. One will be for notice to proceed with the project for purchase -' Oc~-ZO-OZ From-Collier County Purchssini 041 T~Z 0844 T-aSe P,OOa/O0? ~1. uu3/o07 F-Te~ 4.) 6.) 7.) $.) 9.) 10.) 11.) 120 of stored goods only and the second to be for construction. Dates are as ! follows: "Notice To Proceed for Stored Goods" 00100100" "Notice To Proceed for Constru~ion" _06100!03 6B2 Irrigation main line depth shall be typically forty-eight inches (48"). All sleeves/casings sizes shall be as labeled on the plans except for the three (3) inch diameter shall be four (4) diameter size sleeves/casings. it is not the purpose of these plans to show all details of construction, only the intent. The contractor is expected to furnish and install ali Items as necessary for a complete installation in 100% working order. The 1.25" diameter valve wire conduit as indicated in the plans shall be a two (2) inch diameter. Six inch (6") sleeves/casing shall contain the reduced main lines and a two (2) inch diameter conduit for the valve wires. Bidder shall provide an installed per Ln. Ft. unit price for the installation of electrical wiring and conduit as ttlat currently being bid from the controllers to the electric service locations. Bidder is to bid the Under ground electric service installation with an assumed location of it befng located under the power on the east side of the frontage road directly across from the proposed controller locations as shown on the plans. County shall provide irrigation controllers to Contractor. Contractor is responsible for installation and adjustment. All main Uno and sub-mains shall be reused water Color coded piping. The proposed median soil excavation and preparation procedure is as follows: 1. Remove existing soil and vegetation to a four inch (4") and six inch (6") depth, in the turf areas'the soil is to be excavated to a four inch (4") depth maintaining the existing median soil cross-section profile per detail Gl1 sheet P7 of 7. After the existing soil is:excavated the turf areas are to be rotor tilled to an eight Inch (8") depth. 2. In the planting bed areas the existing soil is 'to be generally eXcavated to a depth of four inches (4"), at back of curbing, and four inches (4") to six inches (6") at the median C/L, from the top of the curbing. An add.oriel four inches (4") of soll will need to be removed for the installation of the four inch (4=) depth of the planting soil mix,' Bid Item 111.3, and per detail (3/2 sheet P7 of 7. The result of the planting bed excavation and fill process will leave the bed area in concaved form. Once the four Inches 2 "'~'"' ~d UU,~/UU7 -' Oct-Zg-OZ l l:4Z From-Cellier Countx Purchasin~ It4] T3Z'OB~I4 T-~58 P.OO4/OOT F-Tli~l (4") of Planting soil mix is installed the area of planting $oil mix shall rotor tilled to an eight inch (8") depth so to mix the different soils. .1682 If you require additional Information please call Pam Lulich, ASIA, Transportation Operations Department at 239/774-8494 or me at 239/732-2667 or by e-mail at LynWood ~'~. coilie~cjpv, n et. cc: Para Lulich, ASLA, Transportat/on Operations Mike McGee, McGee & Associates 3 16B2 1682 16B 2 ...... -u, ,..uu rrum-~u~l~er ~uun~ rurcna,~n& 841T3Z 0844 T-4Z1 P.001/0OZ F-g$4 ~301 E. Tamiami Trail Naples FL 34.112 PJione: 23~774-8957 Fax: 23B..7:32-C)044 1682 To: Fax~ Phone= [] Ursent [] For Revi~' [] Please Comment ... ;. *. .... L~...~., ... [] Please Reply [] Please Recycle -Comments-' _ ~ov-uu-u4 ~4:uu Prom-Collier County Purchasing g41 732 0844 T-421 P.002/002 F-G$4 1682 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTHENT ADMINISTRATIVE SERVICES DMSION 8801 EAST TAMI~ TRAIL PUR CHASING BUILDING NAPLES, FLORIDA 34112 (239) 782~2667 · .FAX (289).782-0844 http-~/co.collier.fl.us ADDENDUM DATE: November 6, 2002 TO: Interested Bidders FROM: Lyn M. Wood, C.P.M Purchasing Agent SUBJECT: Addendum # 3-- Bid #02-3365 - "US 41 Tamiami Trail North Phase Two Streetscape Beautification Project" Addendum #3 covem the following change fo'r the referenced Bid: Change: The bid due date from November 13, 2002 to November 22, 2002 If you require additional information please call Para Lulich, Transportation Operations Department at 239-659-5763 or by email at PamLulich~_c_olliercov.net or me at 239- 732-2667 or by e-mail at LynWood(~.coilier.clov.net. cc: Pam Lulich, Transportation Operations Mike McGee, McGee & Associates rtOV-LlU-U ~. 1U:43 From-Collier County Purchasing :~01 E. Tam,ami Trail Naples FL 34112 Phone: 239-'TT4-&g67 Fax;. :~9-T32-0844 941 ?32 0844 T-463 P.O01/O02 F-040 16B2 [] Urgee'l: [] For Review El Please Comment: [] please Reply [] Please Recycle ~uv-uo-u~ ~:~ ~rom-~o~ler ~eun~ vurcnas~ng 941 73Z 0844 T-463 P.002/002 F-040 16B2' COI,LtER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAi~IAMI TF, A.IL ADMINISTRATIVE SERVICES DMSION' PUR CHASING' ]~UILD!NO NAPLES, FLORIDA 34112 (239) 732-2667 FA~ (239) 732-0844 http ://co. collier .fl.u s ADDENDUM DATE: November 8, 2002 TO: FROM: SUBJECT: Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent Addendum # 4-- Bid #02-3365 - "US 41 Tamiami.Trai! North Phase Two Streetscape Beautification Project" Addendum ~ covers the following clarification for the referenced Bid: Question: The plans show a 2 foot wide strip along the planted (mulch bed) areas. this 2 foot wide strip to be sodded or mulched? is Answer: It is to be mulched If you require additional information please call Para Lulich, Transportation Operations Department at 239-659-5763 or by email at PamL.ulich('~_.colliergov.net or me at 239- 732-2607 or by e-mail at Lyn.VVood(~_.collier._qov.net. cc: Para Lulich, Transportation Operations Mike McGee, McGee & Associates Nov-13-02 ,e 15:40 From-Collier County Purchasing 33~I E Tamiaml TraR Nap]es FL 341 '[2 Phor~e: 239-774-8~57 941 732 0844 T-S11 P.OO1/OOS F-108 [] Unbent [] Fo~ Review [] Plea. se r. ament [] Pl~e [] Please Recycle : Nov-13-02 15:40 From-Collier County Purchasinf 941 ?32 0644 T-511 P.002/005 F-106 16B/ COLT,IER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMIN'ISTRATIVE SERVICES DMSION ADDENDUM 3301 EAST TAMIAMI TRAIL PURCHASING BUTLDING NAPT,I~,$, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 . http ://co.collier.fi.us DATE: November 13, 2002 TO: Interested Bidders FROM: Lyn M. Wood, .C.P.M. Purchasing Agent SUBJECT: Addendum # 5- Bid #02-3365 - "US 41 Tamiami Trail North Phase Two StreetsCape Beautification Project" Addendum #5 covers the following change for the referenced Bid: Plant ,Schedule with Addendum #5 Plant Schedule Change: Delete: Add: Replace: the Contract Proposal pages TR-P-2 andTR-P-2C from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Para Lulich, Transportation Operations Department at 239-659-5763 or me at 239-732-2667 or by e-mail at LynWood~colliergov. net. CC: Para Lulich, Transportation Operations Mike McGee, McGee & Associates 16B2 16B2 1682 CONSTRUCTION AGREEMENT 16B2 THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Vila and Son Landscaping Corporation ("Contractor") of 20451 SW 216 Street, Miami, Florida 33170, a Florida corporation, to perform all work ("Work") in connection with U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project, Bid No. 02-3365 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & Associates the Landscape Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: two hundred fifty-three thousand nine hundred twenty-five dollars and eighty-four cents ($253,925.84). TR-CA-1 2/25/2003 10:05 AM 1682 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Work consists of two parts: The Irrigation Work and The Landscaping Work. Both Components shall have the same Final Completion Date. The "Commencement Dates" shall be established in the Notices to Proceed to be issued by the Project Manager. Contractor shall commence each component of the Work within five (5) calendar days from the Commencement Date of each. No Work shall be performed at the Project site prior to the Commencement Dates. Any Work performed by Contractor prior to the Commencement Dates shall be at the sole risk of Contractor. The Irrigation Work shall be substantially completed within sixty (60) calendar days from the Commencement Date. The Landscaping Work shall be substantially completed within one hundred twenty (120) days from the Commencement Date. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial Completion is further defined as that date the Landscaping Project is finished to the satisfaction of the County and all pay items have been completed and accepted by the Owner. The work shall reach Final Completion and be ready for final acceptance by Owner within one hundred forty (140) calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if all portions of the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete any portion of the Work within the time periods noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, six hundred thirty-four dollars and 25 cents ($634.25) for each calendar day thereafter until substantial completion is achieved for both or either the Irrigation and the Landscaping portions of the Work.. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final TR-CA-2 2/25/2003 10:05 AM Completion for both or either portion of the Work, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of three hundred seventeen dollars and thirteen cents ($317.13), for each day after the time set for Final Completion for all portions of the Work, as set forth in paragraph five (5) above, until Final Completion is achieved. The Project shall be deemed to be Substantially Completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete all portions of the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete any portion of the Work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of six hundred thirty-four dollars and twenty-five cents ($634.25) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion on any portion of the contract, the Contractor, or in the case of his default, the surety, shall pay the sum of three hundred seventeen dollars and thirteen cents ($317.13) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. TR-CA-3 2/25/2003 10:05 AM H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit El: Exhibit Fl: Exhibit F2: Exhibit G: Exhibit Gl: Exhibit G2: Exhibit H: EXHIBIT HI: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Irrigation Substantial Completion Form Certificate of Landscaping Substantial Completion Form Final Payment Checklist Certificate of Landscaping Final Completion Landscaping Warranty General Terms and Conditions Dispute Resolution Procedure Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by McGee & Associates and identified as follows: U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project, Plan Sheets C-1, PI-P7, 11-17. TR-CA-4 2/25/2003 10:05 AM 1682 Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Pamela Lulich, ASLA Collier County Transportation Operations Department 2705 S. Horseshoe Drive Naples, Florida 34104 Telephone: 239-774-8494 FAX: 239-659-5787 Email: pamlulich@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Juan Carols Vila, President Vila and Son Landscaping Corporation 20451 SW 216 Street Miami, Florida 33170 Telephone: 305-805-0066 FAX: 305-805-4270 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. TR-CA-5 2/25/2003 10:05 AM Section 12. Entire Agreement. 16 ]2 Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR-CA-6 2/25/2003 10:05 AM below. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated TWO WITNESSES · '"' ' --FIRST ~]i-TNI~;S .-l'yp~)Print N e ~,J Type/Print Name Date: ~--' ~--~:'~ Apptovgd~~'= an~~ncy: Robed Zacha~/ Assistant County Attorney CONTRACTOR: Vila and Son Landscaping Corporation Type/Print Name~ and title Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" BY: OWNER: BOARD OF COUNTY COMMISSIONERS OF Tom Henning, C~airman - I~ TR-CA-7 2/25/2003 10:05 AM U.S. 41 Tamimi EXHIBIT A PUBLIC PAYMENT BOND Trail North Phase ii,Streetscape Beautificati°n Project 16B2 ' Bond No, 5949346 Contract No. 02-3365. KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp~ 20451 as Principal, and S.W. 216th Street? Miam.i, FL 33170 , Westfield Insurance Company , as Surety, located at P.O. Box 5001, Westield Center, Ohio 44251 (Business Address) -are held and firmly bound to ~ Boazd of Conty Ccrrrrri.~i~.~ nfl Cnlli¢~- ('r~hcFL,.aS Oblige in the sum of ~h--.hereof we b(nd ourselves, our heirs, executors, personal representatives, suocesso~ and assigns, i0intly and severally. WHEREAS, Princilnaj ~a.~ anter~d .'~I9__~a,_c~_n~tEa~ Ca,~t%d~.as~s...of the __ day of 2002, with Oblige for ~,~:~,'~f-.~i~ l!~ll~c''~ l~o'-mT32!-.-.t~-~'::'=~ in Cnllia.'- Car~tv accordance with drawings and specifications, which contract is incorporated by ref6rence and made ia pa,'t hereof, and is referred to as the Contract. ~,'THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, ,supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full ' force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond ark subject to the time limitations of Sectic~n 255,05(2). In no event ,,.viii the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bcnd' regardless of the number of suits that may be filed by claimants, i]i' IN WITNESS WHEREOF, the above parties have executed this instrument this 14th day of H~mh. 2033 _XR~R2:, the nam~ of each party being affixed and these presents duly s-~ed by its i '-I'under:signed representative, pursuant to authority of its governing body. . TR CA A 1 /'26,2002 ll:59.a, lV~ igned, sealed and delivered the presence of: PRINCIPAL 16B2 1 les as to Principal u-FY OF f~¢__.l¢~, T~qe ~he is pe._rsonaliy know~ ;t) take an oath. i !y Commission Expires: ,,,%¥~;?,. guisa Mardaez ~'~?~commission # acknowledged before ma this I I~J day of. r~Or~ as (_.qC_T¢__~l. FTIO~~ of a'~ corporation, on behalf ~ the corporation, has produced as identification and did (did (Signature of Notaw) NAME: ~~ (Legibly Pdnted) IX OFFICIAL SEAL) Notary Public, oState~f Commission N ,: SURETY: Westfield Insurance Company (Pdnted Name) P.O. Box 5001 Westfield Center OH 44251 (Business Address (Authorized Signature) litnesses to Surety (Printed Name) TR-CA-A-2 2002. 11:59 ,Witnesses / OR As Attorney in ~yo (Attach Power of Attorney) Arturo F Hoyo (Printed Name) 1100 Cesery Blvd #115 Jacksonville, FL 32211 (Business Add ress) (904) 762-1107 (Telephone Number) 'ATE OF Florida OF Miami-Dade , The foregoing instrument was acknowledged before me this 14th_ day of ~--4arc. h: 200_3 by Arturo F Hoyo , as-At~-In-Fact of Westf_~4d I_r~ ~ Surety,-on behalf of Surety, He/She is personally ~own to me OR has produced as identification who did (did not) take an oath, ~ ly Commission Expires: July 16 2006 · ~::~- ' (Signature) Name:' Frances L Loucks ., .~,,'I~ ~ '~ '~("~, (Legibly Printed) OFFICIAL S~L) ~ ~,~'.~,~-~ ~ NotaW Public, State of: ~ F~ ~' ~'~ ~ Commission No,: ~DD 134426 '///,.m.~¢"' TR-CA-A-3 6/~00~ 11:59 General Power of Attorney CERTIFIED COPY 1 (::) B 2 IpOWER NO' 0994802 04 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THOMAS L. WEBB, ARTURO FRANCISCO HOYO, FRANCES L. LOUCKS, JOINTLY OR SEVERALLY of MIAMI SPRINGS and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship .............................................................. . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 12th day of AUGUST A.D., 2002 . Corporate ~."";i';~;_%% state ot omo county ot Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY Richard L. Kinnaird, ,Ir., Senior Executive On this 12th day of AUGUST A.D., 2002 , before me personally came Richard L. Kinnaird, ,Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Seal A'fi xed {~_.,,~ (~'"'_~¢'1 William,J. Kahelin, A~jgSrneyatLaw, NotaryPublic State of Ohio --~. ~.~"_'4"_-- ~" ~1~"~~ ~'O?F My Commission Does Not Expire ,Sec. 147.03 Ohio Revised Code) County of Medina ss.: ... ,~ ~o,~. ",,. ~' O¢ ,,,,' I, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. my hand and affixed the seals of said Companies at Westfield Center, Ohio, this /Z//'L/~day of In Witness Whereof, have hereunto set BPOAC2 (combined) (06-02) EXHIBIT A PUBLIC PERFORMANCE BOND 1682 t U.S. 41 Tamimi Trail North Phase II Streetscape BeautificatiOn Project Bond No. _ .5%9346 Contract No. 02-3365 KNOW ALL MEN BY. THESE PRESENTS: That V:Lla & Son. tcardscap:Lqg Co~, 20451 S~ ' 216th Street~ ~ ~locida 33170. , as Principal, and Westfield Losuca~ce Co~ ., as Surety,. located at P.O. Box 5031, ~st~ield Omte~ O~o 44251 (Business Address) are held and firmly bound to ~ Boaud of Comty O~,,,gssione~s of Collie~ Co.~g~ Fl_(zSda . , as Oblige in the sum of t~o ~ fifty-three ~ nirm h_rdred t~nty-five and 84/100 ($ 2__53,92~.84 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the __ day of , 2002, wfth Oblige for u.s. 41 Taniani TrM] North Erase II SIteetscape Beautifica~clq P~oject Bid No. 02-3365 in accordance with drawings and specifications, which contract is incorporated by reference and made a pad; hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Days Obli§e any and all losses, damages, costs and attorneys' fees that Oblige sustains because o[ any default by Principal under the Contra~, including, but not limited to, all delay damages, whether liquidated or actuaI, incurred by Oblfge; and 3. Performs the guarantee of all work and materials furnished under the Contract ~or the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees.that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TR-CA-A-4 9/26/2.002 11:59 AM This instrument shall be construed in afl respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. el 6mBo g In no event will the Surety. be liable in the aggregate to Oblige for more than the p I ) s Performance Bond regardless of the number of suits that may be filed by Oblige. iN WITNESS WHEREOF, the above parties have executed this instrument this ~4t.h day of Fasb_, 2033 , ~ the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: sos as to Principal STATE OF COUNTY OF PRINCIPAL V'il~ £ ~ T,.qrrl,:~"~n-i~ Pc.n_ 4 The,,f.~oreg~ing instrur$~nt wSS acknowledged before me this Iq day'of ~'"~0[ ~ ~ , , as ' of '- ~ii(! ~m ~O0 [r~~]~ ; a _ ~ t d~ comorati0~ ~. behalf of ~he corporation ' ' He' h~ ~ ~ersonally --~nown, to me OR has produced as identification and did (did not) take ~ an oath. My Commission Expires: ,,,_,,u,,,. Luisa Martinez ,,,,,~¢ 1-800-350-51 (AFFIX OFFICIAL SE. AL) ~e,'2d,'2002 11:59 .AM (Signature) Name: ~..~}~ ~1~--, (Legibly Printed) Notary Public, Stat.~ of: Commission No.: TR-CA-A-5 -': ATTEST: SURETY: (Pdnted Name) 1682 P.O. Box 5001 Westfield Qmter, Cbio Z~2_51 (Bus[ness Address) (Authorized Signature) Witnesses as to Surety STATE OF COUNTY OF OR (Pdnted Name) As~ F Hoyo (Attach Power of A~fforney) Arturo F Hoyo (Printed Name) Jazkscz~lle, ~ 37211 (Business Address) _(cj04) 7~-1107 (Telephone Number) The foregoing instrument was acknowledged before me this 14d~. day of M~mh: 2(D'~ Arturo F Ho¥o OR has produced an oath, My Commission E~xpires; July 16, 2006 .~ ~k~f. · 'J~m~;; ' · .'/d~ ~ · ~. -..~,~'¢~ .... ~,~-~.. (AFFIX OFFICIAL SEAL) $ f$ '~'~ ~ %: ~ ,~4 by as- - Attorrmy_ -In-Fact of Surety, on behalf of Surety. He/She is personally known to me as identification and who did (did not) take (§ignature) Name: Frances L Loucks (Legibly Printed) Notary Public, State of: Florida Commissien No.:. #DD 134426 TR-CA-A-6 9/26/2002 1 1:5~ AIV[ General Power of Attorney CERTIFIED COPY POWER NO. 0994802 04 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THOMAS L. WEBB, ARTURO FRANCISCO HOYO, FRANCES L. LOUCKS, JOINTLY OR SEVERALLY of MIAMI SPRINGS and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship .............................................................. . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 12th day of AUGUST A.D., 2002 . Corporate/~??, ~ .~, .~;,%.~ " k~"... ....:of %, .....Z,......,~f ,,, ..... State of Ohio County of Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY Richard L. Kinnaird, Jr., Senior Executive On this 12th day of AUGUST A.D., 2002 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed SS.: State of Ohio County of Medina My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and fu~hermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. i Whereof, l have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this /~v/7~/'~day of In Witness I c~{~~' _..~ ...... ~ ............ .~ ....... ............ ~.% ~ff~/ ~'..., ....:o~:°* ~ ~ :~ M. ooks Rorapau , ........ ,,: .... %,,, "~" ,,,,,' %,, BPOAC2 (combined) (06-02) RIDER WESTFIELD INSURANCE member of Westfield GroupTM Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law tile Terrorism Risk Insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for all "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that all in-fbrce exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as all endorsement itl a policy/bond, become nullified as of November 26, 2002. Coverage lbr acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this lbrmula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by tile insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is true tbr all coverages, is limited by the terms, couditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion of your premium that is attributable to coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism coverage in a filture renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regarding this notice, please contact your insurance agent. One Park Circle · RO. [lox 5001 · Westfield Center, OH 44251-5001 · 1.800.243.0210 · fax 330.887.0840 · www. westfieldgrp.com AD 8529A 11 02 ACORD,. _[PRODUCER CERTIFICATE OF LIABILITY INSURANC .J 3 Coastal Insurance Group, Inc. 150 Westward Drive Miami Springs FL 33166-1660 ~Phone:305-887-5999 Vila & Son Landscaping Corp 20451 S.W. 216th S~reet Miami FL 33170 iNSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: COMMERCE AND INDUSTRY INSURER S~ St. Paul Fire & Marine Ins. Co iNSURER C: FCCI Insurance Company ~NSURER U~ COM~IERCE AND INDUSTRY INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT QR OTHER DQCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ~S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR~ LTR , TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY [.A. X~M M ERC IAL GE N E PAL__LIABILITY ~ CLAIMS MADE [~X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY ~ANY AUTO X~_ ALL OWNED AUTOS X SCHEDULED AUTOS H}RED AUTOS NON-OWNED AUTOS x COMP 2500 X: COLL 2500 GARAGE LIABILITY GL9332506 CA8261334 ANY AUTO QK06800392 45553 WC7165594 [ EXCESS LIABILITY I B X~OCCUR I CLAIMS MADE iDEDUCTIBLE X RETENTION $ 10 000 ' WORKERS COMPENSATION AND , EMPLOYERS' LIABILITY C D I OTHER POLICY EFFECTIVE I POLICY EXPIRATION DATE (MM/DD/YY) i DATE (MM/DD/YY) 03/09/03 03/09/04 03/09/03 03/09/04 03/09/03 04/01/02 04/01/03 LIMIT: EACH OCCURRENCE $ I , 000 , 000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1.,000, 000 GBNERALAGGREGATE $ 2 000,000 PRODUCTS - COMPtOP AGG $2 000,000 COMBINED SINGLE LIMIT (Ea accident) $ 1 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ $ PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE 03/09/04 AGGREGATE $5,000,000 LES~RIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS $5,000,000 $ $ I I WCSTATU- i ~___J TOR__Y. LIMITS I_z,, t ER 04/01/03' [ E.L. EACH ACCIDENT _$ 500_~ 000 04/01/04 iE.L. DISEASE- EA EMPLOYEE! $ 500 ~. 000 ~ E.L. DISEASE- POLICY LI~IT ! $ 500, 000 REF: U.S. 41 Tamiami Trail North Phase II Streetscape Beautification Project Bid No. 02-3365 The Owner shall be named as an Additional Insured and the Ipolicy shall be endorsed that such coverage shall be primary to any similar coverage carried by the owner. CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LE'I'rER: CANCELLATION The Board of County Commissioners of Collier County,Florida BOARDCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .~ 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILll-Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ~PRESENTATIVE ~,CORD 25-S (7/97) ©ACORD CORPORATION 1988 1682 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance.coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. _ (8) ContractodConsultant/Professional shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly _ waived in writing by the Owner. (9) Should at any time the ContractodConsultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in-no way be construed to be a waiver of any of its rights under the Contract Documents. TR-CA-B-1 9/26/2002 11:59 AM (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor/Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. [] Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable x Not Applicable TR-CA-B-2 9/26/2002 11:59 AM COMMERCIAL GENERAL LIABILITY 16B2 Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / - Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits - of Liability shall not be less than the following: General Aggregate $ 300,000 Products/Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 SI,000,000 $1,000,000 $1,000,000 $ 50,000 _ (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit _ under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." - (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal - the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. TR-CA-B-3 9/26/2002 11:59 AM 16B2 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. [--] Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. ~--]Applicable x Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's _services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- contractors in the Work. TR-CA-B-4 9/26/2002 11:59 AM 16B2 (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required bythis Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the ContractodConsultant/Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the ContractodConsultant] Professional and, if so, such may shall be-in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR-CA-B-5 9/26/2002 11:59 AM COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT C RELEASE AND AFFIDAVIT FORM 1682 Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $. paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 2002 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. __ CONTRACTOR BY: Witnesses STATE OF COUNTY Of ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me this __ day of ,2002, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TR-CA-C-1 9/26/2002 11:59 AM EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT 16B2 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No, Application Date FROM: RE: (Contractors Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: .(Project Name) Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ % Less Retainage $ % Total earned Less Retainage $ Less previous payment (s) $ LESS AMOUNT DUE FOR LIQUIDATED DAMAGES ($ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through ~ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNE_R); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) _ Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TR-CA-D-1 9/26/2002 11:59 AM 6B2 EXHIBIT E CHANGE ORDER CHANGE ORDER NO. TO: CONTRACT NO. DATE: PROJECT NAME: PROJECT NO.: _ Under our AGREEMENT dated ,2002. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($. ,). Original Agreement Amount $, Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (__) calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,2002 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL By: TR-CA-E-1 ~: _ 9/26/2002 11:59 AM Exhibit E1 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE# 16B2". DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ................................................. ................................................................................................................................ PROJECT#: CONTRACTOR: ENGINEER: Description: You are directed to proceed promptly with the following change(s): Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: [] Unit Prices [] Lump Sum [] Other Method of determining change in Contract Times: [] Contractor's records [] Engineer's record [] Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: By: Engineer/Consultant Contractor TR-CA-EI-1 :0wner's Representative 9/26/2002 11:59 AM EXHIBIT F1 CERTIFICATE OF IRRIGATION SUBSTANTIAL COMPLETION 16B2 OWNER'S Project No. PROJECT: DESIGN PROFESSIONAL'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the · Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 :: TR-CA-FI-1 9/26/2002 11:59 AM 16 2 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2002 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title ,2002 ,2002 TR-CA-F1-2 9/26/2002 11:59 AM EXHIBIT F2 CERTIFICATE OF LANDSCAPING SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: DESIGN PROFESSIONAL'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 : TR-CA-F2-1 9/26/2002 11:59 AM The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2002 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWN ER Type Name and Title ,2002 ,2002 TR-CA-F2-2 9/26/2002 11:59 AM EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: ,2002 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Final Contract Amount: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Substantial Completion issued on 8. Final Payment Application and Affidavits received from Contractor on: 9. Consent of Surety received on 10. Operating Department personnel notified project is in operating phase. 11. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Design Professional: (Company Name) (Signature) (Typed Name & Title) By Contractor: By Owner: (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) TR-CA-G-1 -- 9/26/2002 3:26 PM EXHIBIT G1 CERTIFICATE OF LANDSCAPING FINAL COMPLETION 16B2 OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-GI-1 9/26/2002 11:59 AM The following warranty is attached to and made a part of this Certificate: EXHIBIT G-2 16B2 Executed by Design Professional on 2002 -- Design Professional By: _ Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on By:, OWNER Type Name and Title ,2002 ,2002 TR-CA-G1-2 9/26/2002 11:59 AM EXHIBIT G3 LANDSCAPING WARRANTY 1682 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a-waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: CORPORATE SEAL Attest: TR-CA-G3-1 9/26/2002 11:59 AM EXHIBIT H GENERAL TERMS AND CONDITIONS 1682 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or _ portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words _ which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws _ or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically - stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of - reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to - comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any - portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location - of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; _ availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR-CA-H-1 _ 9/26/2002 11:59 AM 1682 climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE, 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday. Lane closures shall be permitted only between 9:00 a.m. the 3:30 p.m. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR-CA-H-2 9/26/2002 3:37 PM PROGRESS PAYMENTS. 1682 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The 'first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. TR-CA-H-3 _ 9/26/2002 11:59 AM 1692 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor_agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR-CA-H-4 9/26/2002 11:59 AM 1682 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. _ 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final - payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the - Owner. 6.2. Contractor's acceptance of final Payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. - 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the - Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR-CA-H-5 9/26/2002 11:59 AM 16B2 Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR-CA-H-6 9/26/2002 11:59 AM 1682 guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DALLY REPORTS, AS-BUILTS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site _ including, but not limited to, the following: 8.1.1. Weather conditions showing the high and Iow temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1 .'7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR-CA-H-7 9/26/2002 11:59 AM 168 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. curbing or sidewalk). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5). year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR-CA-H-8 9/26/2002 11:59 AM 1682 enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work - Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have - waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR-CA-H-9 _ 9/26/2002 11:59 AM and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure in Exhibit H 1. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR-CA-H-10 9/26/2002 11:59 AM 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct _ contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut _ or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the - benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and - sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the - performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorJendor, any TR-CA-H-11 _ 9/26/2002 11:59 AM Subcontractor, or anyone directly or indirectly employed by any of them. The C,ll~tl~t(~/~endor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS, 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR-CA-H-12 9/26/2002 11:59 AM 17. PERMITS, LICENSES AND TAXES. 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal' budget transfer documents to applicable Collier County agencies when the Contractor is acq uirin g perm its. 1 17.2. All permits, fees and licenses necessary for the prosecution of the Work whi not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in - this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably - or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) - becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or - regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. - 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights - and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any - materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's sUbcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR-CA-H-13 _ 9/26/2002 ll:59AM 16 2 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR-CA-H-14 9/26/2002 11:59 AM exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 16J~2~ ? 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete and request that Project Manager issue a Certificate of Completion (substantial or final Certificate of Completion). Within a reasonable time thereafter, _ Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Design Professional and Project Manager do not consider the Work (or designated portion) substantially complete, Project Manager shall notify _ Contractor in writing giving the reasons therefor. If Design Professional and Project Manager consider the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial _ Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of - Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. - 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Project Manager and Design Professional will make such inspection .- and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with - the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR-CA-H-15 _ 9/26/2002 11:59AM Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. ,,. 16112 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such 'replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Cc/ntractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create_ any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR-CA-H-16 9/26/2002 3:28 PM 22. TESTS AND INSPECTIONS. 16j 2. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK: 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, _ installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with-non- TR-CA-H-17 -- 9/26/2002 3:28 PM 16/ defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If the Project Manager consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owher, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work TR-CA-H-18 9/26/2002 11:59 AM 168 : all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. _ 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall _ be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except - under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the - Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. - 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply - with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages - described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK, 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. TR-CA-H-19 _ 9/26/2002 ll:59AM 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjace~,t ~,~2 stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; TR-CA-H-20 9/26/2002 11:59 AM 28.1.2. All the Work and materials and equipment or off the Project site; and to be incorporated therein, whether in storage on 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards fOr such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work' may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. - Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing - Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect_ to the Project, when directed to do so by Project Manager or - Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that require the contractor to provide traffic control, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy. A copy of the Policy is attached hereto as Exhibit H-2. MOT is to be provided within ten (10) days of receipt of Notice of Award. TR-CA-H-21 -- 9/26/2002 3:29PM 32. DIRECT PURCHASE 1..6B2 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this (choose one) Bid/RFP/Agreement which shall take precedence over other conditions and terms of this (choose one) Bid/RFP/Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to _the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County-furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. B. Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. TR-CA-H-22 9/26/2002 3:29 PM Co The transfer of possession of County-furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 16 2 33. SANITARY FACILITIES Contractor shall provide sanitary facilities on the work site areas as approved by the Owner and shall be no further from work area than one quarter (1/4) mile. TR-CA-H23 -- 9/26/2002 3:29 PM EXHIBIT H1 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1682 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 3.2 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. TR-CA-HI-1 9/26/2002 11:59 AM 3.3 Prior to the institution of any litigation in a circuit Resolution process must be initiated. court 16B2 against Collier County, this Dispute 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution pr.ocess has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a contractor's performance under the contract. basis for delay of the INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. ~: d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. TR-CA-H1-2 _ 9/26/2002 11:59 AM 16 2 No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the heating has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or' she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a heating for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction .of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opporttmity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate.. 9/26/2002 11:59 AM TR-CA-H1-3 CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. _ 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and _ if a party requests additional time, the mediator selected may continue the matter in 7- TR-CA-H1-4 -- 9/26/2002 11:59 AM 8.3 1682 calendar day increments. A request for a continuance must be submitted to the mediator no later than 48- hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no tater than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carder who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any _matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9/26/2002 COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $1~0.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any TR-CA-H1-5 11:59 AM 10. arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 16[ £ 10.1 The Arbitration Panel will consist of one member selected by the Coimty and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. Co No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules fof Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken whle conducting the hearing[s] or the mediation as long as these procedures:: are followed. Such status shall not create a conflict of interest. TR-CA-H1-6 _ 9/26/2002 ll:59AM TIME CHART FOR ADR Within the Following Time Periods Following the Notice of Claim or the Date of the Oce~I'r~n~rlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County-furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement cost of any County- furnished materials not yet incorporated into the Project during the period between the time the County fh'st takes title to any such materials and the time when the last of said materials are incorporated into the project. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County-furnished materials, except in the :event of the County's gross negligence or willful misconduct. :: 9/26/2002 11:59 AM TR-CA-H1-7 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16 2 Claimant Vs. Claim No. Respondent NOTICE OF CLAIM _ Claimant, , hereby notifies , Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution - Procedure. - Name of Proiect: Date of Contract: Date Claim: Summary of the Claim: Estimated Amount of Claim: Date: Claim Filed by: TR-CA-H1-8 9/26/2002 11:59 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16B2 Claimant Vs. Claim No. Respondent REQUEST FOR ARBITRATION Claimant, Name of Project: Date of Contract: Party_ Requesting Negotiation: Date: , hereby requests negotiation of the above-referenced Claim. Date Request Received: Comments: Received by: TR-CA-H1-9 9/26/2002 11:59 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Claim No. Vs. Respondent REQUEST FOR PRE-SUIT MEDIATION -- Claimant, referenced Claim. Name of Project: Date of Contract: Party_ Requesting Arbitration: Date: Date Request Received: Comments: Received by: ., hereby requests PRE-SUIT MEDIATION of the above- TR-CA-HI-10 9/26/2002 11:59 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Vs. Claim No. Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant/Respondent CLAIM BY THE PARTIES. Name of Project: Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: ., hereby REQUESTS NEGOTIATION OF THE Signed: 9/26/2002 11:59 AM TR-CA-HI-11 Effective Date: Subject: EXHIBIT H2 OFFICE OF THE COUNTY ADMINISTRATOR ADMINISTRATIVE PROCEDURE CAA INSTRUCTION: 5807 March 13, 2000 (Revised: July 24th, 20Ol;October 1, 2001) Maintenance of Traffic (MOT) Policy 1682 PURPOSE: The purpose of this Instruction is to assure that all work being performed in county rights-of-way is performed following both The Manual On Uniform Traffic Control Devices (MUTCD) Standards (Current Edition) and Florida Department of Transportation (FDOT) standards (Current Edition), thus assuring a safe environment for workers, vehicular traffic and pedestrians on all county roadways, streets, bike paths and sidewalks. Short-term projects lasting 1 hour or less, shall not be held to the same planning and procedural requirements outlined in this policy, however, they shall still be subject to all MUTCD and FDOT standards. -- CONCEPT: This policy shall apply to all work performed in Collier County rights-of-way, including that performed by contractors working for the county, contractors working for developers, utility companies (including work performed by their personnel or sub-contractors) and all county work forces within each - department of each division. Both departmental requirements (internal) as well as contractor (external) requirements are outlined in this policy. A copy of this policy shall be attached to all Right-of-Way Permits issued by Collier County's Planning Services Department or Collier County's Transportation Department and maintained with such permits, by the contractor for compliance documentation. This instruction references MUTCD Section VI and the 600 Series of the Florida Department of Transportation Roadway & Traffic Design Standards. It shall be the sole responsibility of each contractor or department to be familiar and understand the MUTCD and FDOT Standards, including any and all changes, updates or revisions made to these instructions. GENERAL DEFINITIONS: Certified Work Zone Employee - Means any employee, who by acceptable certification, has obtained the knowledge, competency, has the experience and holds responsibility for developing and/or ensuring the proper setup of the Maintenance of Traffic Plan or Joint Maintenance of Traffic Plan. Collier County Work Zone Safety Inspector - Shall mean any Collier County employee, who by way of training certification and knowledge of traffic safety, has been designated by Collier County's Risk Management Department as a "Work Zone Safety Inspector." Collier County Work Zone Violation Notice - Means the Collier County form that is used to notify a contractor of violations present in a particular work zone. This form is also used for documentation purposes should it be necessary to take/defend legal action suits (See attachment # 2). TR-CA-H2-1 9/26/2002 11:59 AM Contractor - For all purposes associated with this policy, the term "contractor" shall refer to any and all contractors and/or their respective sub-contractors, working for Collier County, contractors working for developers, utility companies and any and all sub-contractors working for any4f t~e.~b~- mentioned parties,l(~)~Lj ~.~, Downstream (Trailing) Contractor - Shall mean the contractor at the Terminating end of a multiple contractor work zone (MCWZ). Joint Maintenance of Traffic Plan (JMOT) - Shall be similar to the standard MOT Plan Form except that the JMOT shall clarify exact roles in the Multiple Contractor Work Zone (MCWZ), such as Upstream, Middle and Downstream contractors (See attachment # 3). Lane Closure - For all purposes associated with this policy, the term "closure" or "closures" shall refer to any closing of a Collier County Roadway, Street, sidewalk, median or bike path. Mainstream (Middle) Contractor(s) - Shall mean the contractor(s) located in between the Upstream and Downstream Contractors involved in a Multiple Contractor Work Zone (MCWZ). Maintenance of Traffic Plan (MOT Plan) - Shall mean a form used to describe, in detail the exact location, date, and setup criteria needed and used in conjunction with any "work zone" deemed necessary within a Collier County Right-of-Way (See attachment # 4). Multiple Contractor Work Zone (MCWZ) - Means any "work zone" that may require two or more contractors to work within 300 feet of one another within the same Collier County Right-of-Way. Right-of-Way(s) - Shall mean any Collier County Roadway, Median, Bike Path, Sidewalk and/or any distances from the edge of these surfaces as established by Collier County. "Shall" or "Must" - These terms, when used are defined as meaning mandatory. Upstream (Leading) Contractor - Shall mean the contractor in the leading position of the Multiple Contractor Work Zone (MCWZ). Work Zone (WZ) - For all purposes associated with this policy, the term "work zone" shall refer to the entire area from Advanced warning location to the Termination area, where any operations are being performed on any Collier County roadway, street, median, bike path, sidewalk and within the width of any right-of-way associated with such roadways or streets, regardless of distance from roadway. INSPECTION DEFINITIONS: Additional Protection Needed - The existence of any condition or practice, which could potentially cause death or serious physical harm that was not visible on the JMOT and/or MOT written plan. This requires work to be stopped, if necessary, in order to make the necessary changes to the work zone. Minor I Non'Serious - The existence of any condition or practice, which has the potential to create traffic flow problems, minor visibility issues, etc., but is not serious enough to warrant a stop work condition. ~ ~ 9/26/2002 11:59 AM TR-CA-H2-2 Stop Work - Imminent Danger - The existence of any condition or practice which would reasonably be expected to cause death or serious physical harm before such condition or practice can be corrected. Work shall be completely stopped until all Corrective measures have been applied. - Stop Work - Noncompliance - A violation described in a notice has not been totally corrected within the noted abatement time, and the abatement time should not be extended. Work shall be completely stopped until all necessary corrections have been made. All other related definitions may be found in Part VI of the MUTCD A. General Safety Requirements (Internal and External): In addition to the safety requirements provided within this policy, each contractor/department shall have sole responsibility to follow all OSHA construction regulations. These regulations can be found in OSHA 29 CFR 1926. These regulations shall not be provided by Collier County and knowledge and understanding of these regulations are the responsibility of the contractor/department. EX. OSHA 29 CFR 1926.65'1, Subpart "P" Specific Excavation Requirements - outlines the minimum procedures required for performing trenching and excavation work in a safe manner. 2. Violations of OSHA regulations shall be documented and enforced in the same manner as violations of this policy. Failure to comply with any OSHA requirement may result in the same disciplinary action taken for a violation of this policy. Contractor Requirements (External): Each contractor shall maintain at least one employee on-staff that has obtained a Work Zone Traffic Control Safety Certification from the International Municipal Signal Association (IMSA) or an approved, equivalent certification from the American Traffic Safety Services Association (ATSSA), the Florida Department of Transportation (FDOT) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. Effective November 6, 2001 each contractor shall obtain one of the above mentioned certificates within sixty (60) days upon submission of a bid or prior to the start of any work activity and/or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown, loss of contract or failure to bid any additional Collier County Projects until certification is obtained. Each Contractor shall provide copies of certifications to Collier County's Risk management Department for documentation purposes. This file shall be evaluated for adequate certifications prior to any contract being awarded. A complete copy of the Collier County revised MOT Policy is available from Risk management at (941) 774-8461. Risk Management Fax #: 941-774-8048 Att: TR-CA-H2-3 Safety Engineer 9/26/2002 11:59 AM o 16 Maintenance of traffic Policy Review shall be held during the initial pre-construction meeting in order to answer any questions that may arise regarding the policy. These meetings shall be coordinated through Collier County's Project Management, however, it is ultimately the contractor's responsibility to make sure all questions and concerns are addressed. The contractor shall submit a Maintenance of Traffic (MOT) plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The MOT Plan must be signed by the contractor's certified "work zone" employee and submitted to Collier County's Risk management Department before any work begins. A copy of the MOT Plan must also be kept at the work location at all times. Where permits are required to be obtained through Collier County's Planning Services Department or Collier County's Transportation Operations Department, copies of the MOT Plan must also be submitted to said department at the time of initial permit request. Planning Services Fax #: 941-643-6968 Trans. Operations Fax #: 941-659-5787 Att: Right-of-Way Permitting Att: Right-of-Way Superintendent In the event that the MOT plan changes during the project, documentation of the change(s) shall be made by the contractor's certified Work Zone Safety Inspector on the on-site MOT plan. The contractor is not required to forward the changes to the MOT plan to Collier County Risk management, Planning Services, Transportation Operations or their representatives. However, the contractor will be required to show changes on the written MOT plan and present them upon request. The contractor must ensure that all their employees and sub-contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's certified Work Zone Safety Inspector will not be immediately available. 10. Emergency work that is being performed by a contractor will not require the contractor to submit a MOT plan. However, the contractor must comply with all training and work zone setup requirements as previously described All signs shown on the MOT shall comply with the current MUTCD - Part VI or the 600 Series of Florida Department of Transportation Design Standards. 11.All aspects of the current MUTCD - Part VI and/or FDOT 600 series shall be strictly followed and enforced at all times. 12. High-Visibility vests or clothing with retro-reflectorized striping must be worn at all times by all employees working within Collier County Rights-of Way. This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. 13. Every attempt shall be made to avoid road closures: Where it is not possible to completely avoid road closures, the following procedures shall be followed: :: TR-CA-H2-4 9/26/2002 11:59 AM go The contractor shall notify Collier County Risk Management and the Transportation Division's Community Liaison. Collier County will assist in the public notification of said lane closures, however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. No lane closures will be permitted between the hours of 7:00 - 9:00 A.M. and between 3:30 P.M. and 6:30'P.M. Emergency closures do not fall under these requirements. If a closure is absolutely necessary during the times listed above, written permission must be obtained through Collier County's Risk Management Department and/or the Transportation Operations Director prior to closing any lane. 16J~2~ The contractor must also notify Collier County's Emergency Services Division or any of the below listed agencies, when, the road closure may cut off a standard route used by Fire, EMS, Police or other emergency agencies. The contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible in the event of an emergency. Notification of project termination shall also be made to above-mentioned parties as soon as the project is completed. Road closures must be limited, if possible, to single lane closures with traffic controlled by flaggers, temporary traffic lighting or other approved means of traffic control. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and/or marked detours or other approved methods. The contractor shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary by Collier County Risk Management, the Transportation Operations Director or an appointed designee. The MOT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of Collier County Risk Management, the Transportation Operations Director or an appointed designee. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County TR-CA-H2-5 9/26/2002 11:59 AM Risk Management, the Transportation Operations Director or an appointed designee shall be made as soon as practicable (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County Risk Management, the contractor shall provide MOT Plans at any time during the project. In the event that the approved MO T plan is not being fo#owed, the contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and wi//be determined according to the hazards that are presented and their potentia/ effect on public safety. C. Multiple Contractor Work Zones (MCWZ): This section has been added to eliminate the confusion involved in multiple contractor "work zones" which normally would require each separate contractor to provide appropriate signage and tapering for each individual "work zone". All contractors' and their respective sub-contractor's must follow this section when they meet the requirements listed below, Where two or more contractors may be required to work within the same work zone or within 300 feet or less of each other, the following criteria must be met in order to maintain an easily understood, easily navigated, highly visible "work zone". A "Joint MOT Plan" (JMOT) shall be developed by all affected parties in order to meet the requirements of this section. The JMOT shall define which contractor has the responsibility of controlling the "Upstream" or "Leading" section of the MCWZ, who the "mainstream" or "Middle" contractor(s) is and who has responsibility for maintaining the "Downstream" or "Trailing" section of the MCVVZ. Contractors may determine, organize and/or coordinate the responsibilities, monetary issues and/or any other pertinent issues related to the MCWZ by any means necessary and as agreed upon by all parties involved, however, the following criteria shall be met: a. The "Upstream" or "Lead" contractor shall always have ultimate responsibility for maintaining all necessary advanced warning signage, message boards, tapering and/or any other requirements deemed necessary by the JMOT. Any "Mainstream" (middle) or "Downstream" (trailing) contractor has the right to request additional advanced warning, tapering or other safety related devices be put into place should, at any time, such contractor feel and show due cause that they or their employees, any pedestrians or vehicular traffic are being placed in harms way due to the existing setup. 9/26/2002 11:59 AM TR-CA-H2-6 c. Should such a request be made and deemed necessary, all contractors shall share responsibility as described in this section (B)(2). Revisions/additions to the MCWZ shall be noted on the JMOT. These revisions are not required to be forwarded to Collier County Risk management or the Transportation Operations Director. 3. Should a contractor in the "upstream" (leading)section of the MCWZ compleet~'th~r~o~ of work and desire to withdraw from the MCWZ, said contractor shall notify all other contractors in the MCWZ and provide adequate time for the NEW "Upstream" contractor to set up. The original "Upstream" contractor shall not withdraw from the project until all necessary safeguards are in place to warrant such a withdrawal. Once a contractor has withdrawn from the MCWZ and has done so in accordance with the requirements set forth above, said contractor no longer has any responsibility for maintaining any portion of the MCWZ. D. Collier County Departmental Requirements (Internal): Each department must develop an MOT Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path, or sidewalk, and obtain approval prior to the start of the project from their department's Work Zone Certified Employee. Risk management shall also be notified of the lane closure. 2. Should any changes to the MOT occur during any phase of the project, a revised MOT plan shall be immediately developed and initialed by the department's Certified Work Zone Employee. 3. All signs shown on the MOT plan must comply with the current MUTCD - Part VI or the 600 series of the Florida Department of Transportation Design Standards. 4. All aspects of the MUTCD - Part VI shall be strictly followed and enforced at all times. All signs and barricades requiring lights shall have them attached and in good working order. 5. Every attempt must be made to avoid road closures: Where it is not possible to completely avoid complete road closures, the following procedures shall be followed: If the Transportation Operations Director, or an authorized designee authorizes the road closure, the department involved shall notify the Sheriff's Dispatch by calling 793- 9300. Dispatch will notify all necessary organizations. Road closures shall be limited, if possible, to single lane closures with traffic controlled by flaggers. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGING METHODS, TR-CA-H2-7 -- 9/26/2002 3:31 PM eo f° If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. Access may be by properly signed and/or marked detours or other approved methods. The department's Certified Work Zone Employee shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signing and marking that will be used, and any other information deemed necessary by the Risk Management Department, the Transportation Operations Director or an approved designee. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Risk Management, the Transportation Operations Director or an approved designee shall be made as soon as possible, as long as the notification effort does not compromise the efforts to safeguard life and/or property. Every department that has a contractor working for their department must assign a Contractor Administrator to approve all MOT Plans submitted to them by the contractors. All Contract Administrators must be Work Zone Certified or have MOT Plans approved by a Work Zone Certified County employee. The Contract Administrator and/or the Work Zone Certified County employee shall audit the contractor on a routine basis documenting their-audits to assure contractor compliance. E. Work Zone Inspections: (Internal and External): 1. Work Zone inspections will be conducted on a routine basis by "Collier County Work Zone Safety Inspectors". These inspections shall be documented on a Collier County Work Zone Violation Notice Form and placed in the respective external contractor's Collier County Department file. These files shall be maintained by Collier County's Risk Management Department. Copies shall be issued to the contractor and to Collier County's Risk Management Department. 2. Inspections will be performed based on the individual inspector's judgment of existing or potential hazards associated with the "work zone" in question. All inspections shall be conducted according to the following criteria: a° Inspectors will locate the individual in charge of the project in question. Inspectors shall present proper identification (Collier County work Zone Safety Inspector ID), review the MOT or JMOT, inform the contractor(s) of the existing and/or potential hazards and ask for immediate correction. If equipment and tools are not available to the contractor to immediately correct existing and/or potential hazards, the project must be shut down until corrections can be made. If project shutdown poses a TR-CA-H2-8 9/26/2002 3:31 PM 16 2 greater threat to public safety, the inspector shall notify the Collier County Sheriff's department and request traffic control assistance until the contractor provides corrective measurement. The contractor shall be responsible for any expense associated with traffic control assistance that is provided by the sheriff's department. Situations where a language barrier exists or where "competent" supervision is not available shall mandate notification to the contractor's home office. Immediate contractor representation will be requested at this time. The contractor's failure to provide immediate representation will result in immediate project shutdown until representation is provided and deficiencies corrected. Inspectors may request that additional traffic control devices be added to the work zone based on the existing and/or potential hazards. Additional requests for traffic control shall only be made where situations exist that may be deemed too hazardous to be controlled using the minimum requirements as stated in the current edition of the MUTCD and/or 600 series of the FDOT indexes. The inspector shall remain on location until deficiencies are corrected or until the inspector feels that the work zone is safe. Upon complete correction of the existing and/or potential hazards, a copy of the inspection form must be given to the contractor for their files. - 3. Should a contractoddepartment feel the inspector has made requests that are not warranted and/or if it is felt that the proposed existing and/or potential hazards do not exist; the following - requirements shall be met: ao and The inspector shall immediately contact Collier County's Risk Management Department request a site visit. Should a member of Risk Management not be available, the contractor must make the minimum necessary corrections, as requested. The objections, described in detail, will be noted on the inspection form and shall be submitted to Risk Management for review. However, if the objection to the inspector's request are an obvious attempt to stall the corrective process and/or hazards are blatantly obvious to the inspector, the contractor must make all requested corrections and any objections noted on the inspection form. Should such objections occur, the contractor/department may request a formal meeting with Collier County's Risk Management Department to discuss and address any concerns. This meeting shall not allow exemption to the contractor/department from any additional work zone safety issues that may have arisen during or after the objections in question. Objections to additional work zone safety issues that presented themselves at other locations and/or times, shall be handled on an individual basis unless it is deemed necessary to handle all of the issues at the present time. TR-CA-H2-9 9/26/2002 3:31 PM Risk Management's decision for corrective action, based on the existing and/or potential work zone hazards, shall be final. Contractoddepartment work zone files will be maintained in Collier County's Risk Management office. These files shall be inspected monthly for compliance. Contractors/departments with multiple "negative" inspection reports shall be contacted by Risk Management and a mandatory review meeting will be scheduled. Failure to attend this meeting may result in loss of additional contracts and/or notification to directors and administrators of existing problems. Review meetings will be conducted as follows: Review meetings will address the number of negative inspections, existing and/or potential hazards that existed during each inspection, if corrective actions were made in a timely manner, reasons for the continued lack of compliance and potential disciplinary action to be taken by Risk Management and/or Collier County. Review meetings will be conducted on an individual basis with the contractor or department in question and limited to representatives from Risk Management and the contractor or Collier County Department specified representatives. Inspection files shall be archived on a yearly (calendar year) basis and each contractor/department will have a new inspection record started for each new year. However, past negative inspections may be used in cases where extreme hazards and or multiple negative inspections have existed and shall be referenced when disciplinary measures are needed, It is the sole responsibility or each individual contractoddepartment to maintain work zone inspection files and remain aware of any negative inspections received. Should a contractor or department need additional copies of inspection reports, it shall be the contractor/department's responsibility to contact Collier County Risk Management and request the reports. Lack of knowledge of an inspection report does not exempt any contractor or department from any potential disciplinary action, therefore, all employees should be advised to submit any inspection reports that are received to the appropriate individual(s). TR-CA-H2-10 9/26/2002 3:31 PM 1682' ATTACHMENT # 1 CONTACT/EMERGENCY PHONE NUMBERS -- 9/26/2002 3:32PM TR-CA-H2-11 Department Contact Daytime # Weekday Weekend Fax # EMERGENCY Pager # Pager # # Sheriff's Office 941-793-9300 941-793-9300 Dispatch 941-774-8924 Eve: 941-598-3125 Road & Brid~e 941-774-8925 941-982-0348 941-982-8234 941-774-6406 Da}': 941-774-8494 Wastewater 941-591-0186 941-825 -034 ! Collections Water Distribution 941-775-2007 941-982-22 ! 5 941-732-2558 Traffic Signals 941-774-8260 941-982-3446 941-659-5787 Traffic Signs 941-277-4227 Risk Management 941-774-8283 941-774-8048 941-253 -0921 Planning Services 941-403-2300 941-643-6968 Purchasing 941-774-8407 941-732-0844 941-774-8365 Community Liaison 941-774-8271 941-774-8192 Day: 941-774-8494 Transportation Cell: 941-743-0103 Eve: 941-598-3123 Director TR-CA-H2-12 9/26/2002 11:59 AM 16B2~! ATTACHMENT # 2 VIOLATION NOTICE TR-CA-H2-13 _ 9/26/2002 11:59 AM COLLIER COUNTY WORK ZONE SAFETY VIOLATION NOTICE 1682 Contractor: Date & Time: Inspector Name & ID #: Permit #: Site Inspection #: Location: Superintendent/Foreman/Project mgr. Type of Violation Stop Work - Imminent Danger [] Stop Work - Noncompliance Add. Protection Needed [] Other Specific Violation 2MOT or MOT Form available for review? Yes / No CA: Has the JMOT / MOT been accepted? Yes / No CA: Adequate Advanced warning Signage? Yes / No CA: Adequate Charmelization Devices? Yes / No CA: Adequate Lane Taper developed? Yes / No CA: Flaggers available/adequate? Yes / No CA: Adequate Detours provided? Yes / No Necessary PPE Provided? Yes / No CA: CA: Additional Violations Add. Violation: CA: Add. Violation: CA: Add. Violation: Add. Violation: CA: CA: FDOT / MUTCD Standard / Regulation Source Collier County [] OSHA Inspector Signature TR-CA-H2-14 Site Representative Signature 9/26/2002 11:59 AM 1682 ATTACHMENT # 3 JOINT MAINTENANCE OF TRAFFIC PLAN (JMOT) TR-CA-H2-15 9/26/2002 11:59 AM JMOTPLAN 1 6 ,~ 2 ..... lp£~mT#: This form Must be used as part of'a joint traffic control plan in Collier County Work Zones. Place diagram o£ "Work Zone" on the back of'this form or reference blueprint #. LOCATION: DATE: SCOPE OF WORK: UPSTREAM CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: MIDDLE CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: START TIME: AM or PM DAY: END TIME: AM or PM DAY: SHERIFF'S DEPARTMENT ON SITE: YES or NO FIRE DEPARTMENT ON SITE: YES or NO # OF LANES SHUT DOWN: FROM: ACCEPTED BY: POSTED SPEED LIMIT: LANE WIDTH: HAS ADVANCED WARNING SIGNAGE BEEN PLACED MIDDLE CONTRACTOR: TELEPHONE: WZ EMPLOYEE: SUPERVISOR: DOWNSTREAM CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: DATE: YES or NO HAS AN ADEQUATE TAPER BEEN DEVELOPED YES or NO LENGTH: TYPE OF CHANNELIZATION DEVICES USED: CONES or BARRICADES or DRUMS # USED: IS THE AREA ILLUMINATED FOR NIGHT WORK: YES or NO IF NOT, ARE THE DEVICES REFLECTORIZED: YES or NO ARROW BOARD REQUIRED: YES or NO LOCATION(S): VARIABLE MESSAGE BOARD REQUIRED: YES or NO LOCATION(S): FLAGMEN REQUIRED: YES or NO IF SO, HOW MANY: HAS ALL NECESSARY PPE BEEN PROVIDED TO WORKERS: YES or NO IS A DETOUR NECESSARY: YES or NO IF SO, LIST ROUTES: ACCEPTED BY: DATE: TR-CA-H2-16 9/26/2002 11:59 AM ATTACHMENT # 4 MAINTENENANCE OF TRAFFIC PLAN (MOT) TR-CA-H2-17 9/26/2002 11:59 AM I ] PERMIT #: MOT PLAN This form must be used as part of a traffic control plan for Collier County Work Zones. Place a diagram of the "Work Zone" on the back of this form or reference work-site blueprint #. i6~2 LOCATION: DATE SCOPE OF WORK: COMPANY: ADDRESS & TELEPHONE#: NAME OF SUPERVISOR/CREW LEADER START TIME: ~ or PM END TIME: ~ or PM SHERIFF'S DEPARTMENT ON SITE: YES or NO WORK ZONE CERTIFIED PERSON: # OF LANES SHUT DOWN: FROM: ACCEPTED BY: POSTED SPEED LIMIT: DAY: DAY: FIRE DEPARTMENT ON SITE: YES or NO DATE: HAS ADEQUATE ADVANCED WARNING SIGNAGE BEEN PLACED YES or NO HAS AN ADEQUATE TAPER BEEN DEVELOPED YES or NO LENGTH: TYPE OF CHANNELIZATION DEVICES USED: CONES / BARRICADES / DRUMS # USED: IS THE AREA ILLUMINATED FOR NIGHT WORK: YES / NO ARE DEVICES REFLECTORIZED: YES or NO ARROW BOARD REQUIRED: YES or NO LOCATION: VARIABLE MESSAGE SIGNS REQUIRED: YES / NO LOCATION: FLAGMEN REQUIRED: YES or NO IF SO, HOW MANY: HAS ALL NECESSARY PPE BEEN PROVIDED TO WORKERS: YES or NO IS A DETOUR NECESSARY: YES or NO IF SO, LIST ROUTES: ACCEPTED BY: DATE: TR-CA-H2-18 9/26/2002 11:59 AM ATTACHEMENT # 5 1682 RIGHT-OF-WAY, JMOT & MOT SUBMITTAL PROCESS CHECKLIST TR-CA-H2-19 9/26/2002 11:59 AM RIGHT-OF-WAY PERMIT, JMOT & MOT SUBMITTAL PROCESS CHECKLIST 16B2 This checklist shall be used as a guide to aid contractors in the submittal of MOT and JMOT plans to the respective departments for approval, prior to commencement of work activities. This checklist is designed to help contractors and Collier County departments in their approval process and is to be used as a guide only. It is the contractor's responsibility to obtain all other necessary permits and .certifications as other deparlments or agencies may require them. Allpermit application processes shall follow Collier County Ordinance # 93-64. Ifa conflict exists between the ordinance and the checklist below, the ordinance shall take precedence. Contractor Requirements 1. Ensure that Risk Management has a copy of the contractor's current "Work Zone" Certified employee 2. Apply for all necessary Federal, State and Local permits prior to applying for a Right-of-Way permit (3 copies). 3. Submit Site Development Plans (SDP) to the Transportation Operations Department for review (3 Copies). 4. Include the JMOT or MOT Plan Forms along with the above-mentioned submittals (3 copies). 5. All necessary fees have been paid to the appropriate Collier County Department. Collier County Requirements o The contractor shall ensure that the below listed criteria has been prior to the commencement of work. Collier County has reviewed the Site Development Plan (SDP) and has accepted and returned the SDP to the contractor. Collier County has reviewed and accepted the JMOT or MOT Plan forms and have remmed them to the contractor. 8. A Notice-to-Proceed has been issued to the contractor. [] Once all of the items listed above have been addressed and checked off, the contractor in question is free to begin work according to their SDP and JMOT or MOT Plan. TR-CA-H2-20 9/26/2002 11:59 AM ATTACH~MENT#6 16B2 PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST TR-CA-H2-21 9/26/2002 11:59 AM PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST This checklist shall be used as a guide to aid contractors in the submittal of design plans to the Planning Services Department for approval, prior to commencement of work activities. This checklist is designed to help contractors and Collier County departments in their approval process and is to be used as a guide only. It is the contractor's responsibility to obtain all other necessary permits and certifications as they may be required by other departments or agencies. Allpermit application processes shall follow Collier County Ordinance # 93-64. Ifa conflict exists between the ordinance and the checklist below, the ordinance shall take precedence. Contractor Requirements 1. Ensure that Risk Management has a copy of the contractor's current "Work Zone" Certified employee 2. Apply for all necessary permits at Community Development prior to applying for a Right-of-Way permit (3 copies). 3. Submit Site Development Plans (SDP) to the Transportation Operations Department for review (3 Copies). 4. Include the JMOT or MOT Plan Forms along with the above-mentioned submittals (3 copies). All necessary fees have been paid to the appropriate Collier County Department. County Requirements Collier The contractor shall ensure that the below listed criteria has been prior to the commencement of work. 6. Collier County has reviewed the Site Development Plan (SDP) and has accepted and returned the SDP to the contractor. [] 7. Collier County has reviewed and accepted the JMOT or MOT Plan forms and have returned them to the contractor. [] 8. A Notice-to-Proceed has been issued to the contractor. [] Once all of the items listed above have been addressed and checked off, the contractor in question is free to begin work according to their SDP and JMOT or MOT Plan. TR-CA-H2-22 9/26/2002 11:59 AM EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS SPECIAL PROVISIONS 1.01 A. B. 1.02 A. B. RELATED DOCUMENTS All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. S.R. 45 - U.S. 41 - Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. CHANGE ORDER THRESHOLDS Changes to the contract maybe administered by the Project Manager. The Owner reserves the right to make at any time during the work, such changes in contract quantities and such alterations in the work as necessary to satisfactorily complete the project. Such changes in quantities of work and work alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered by Owner and/or it's Design Professional specifically, the Owner reserves the right to increase or decrease original or new contract unit price work quantities by no more than 25% of the initial contract quantity, and such ciuantity increases or decreases shall be made by Owner without any adjustment in original or new contract unit price. Owner reserves the right to increase quantities up to 125% of the initial contract quantities, and similarly to decrease quantities to 75% of the initial contract quantities at no adjustment to the contract unit price. TR-CA-I-1 _ 9/26/2002 11:59 AM EXHIBIT J TECHNICAL SPECIFICATIONS 1682 '~ TR-CA-J-1 9/26/2002 11:59 AM SECTION I - TRAFFIC CONTROL PLAN I F.D.O.T. INDEXES PART '1 GENERAL 16 2 Contractor shall maintain within the work areas maintenance of traffic (MOT) measures as per the Collier County requirements as listed in Exhibit H-2, General Terms and Conditions, and per F.D.O.T. Index 600 series and associated Indexes of the F.D.O.T. "Roadway and Traffic Design Standards", current edition. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, Index 600 Series, latest edition. U.S.D.T. Manual on Uniform Traffic Control Device, latest edition. C. S.R. 45 - U.S. 41 - Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. E. Collier County MOT policy and/or requirements current edition. 1.02 WORK INCLUDED The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the (MOT) maintenance of traffic during construction and while performing extended maintenance services.. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. Provide maintenance of traffic 'plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest Collier County MOT Policy, M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the F.D.O.T. "Standard Specifications for Road and Bridge Construction" current edition. The contractor shall maintain two lane operation after working hours. All hazards will be removed as per Index N0.~ 600~series before daily operations are complete. C. On-site work hours will be restricted between the hours of 9:30am and 3:30 pm daily. TR-CA-J-2 9/26/2002 11:59 AM D. This plan is a guide for the contractor coordination Maintenance Engineer is required. Emergency and unforeseen conditions may require the District Engineer to restrict or remove land closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. F. The Landscape Architect/Design Professional (McGee & Associates) is not responsible for observation, means or methods of MOT setup or enforcement during project construction. End of Section I TR-CA-J-3 9/26/2002 11:59 AM 16827 SECTION II- DIRECTIONAL BORING PART 1 GENERAL Contractor shall maintain within the work areas maintenance of traffic (MOT) measures as per the F.D.O.T. Index 600 series and associated Indexes of the F.D.O.T. "Roadway and Traffic Design Standards", January 2000. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, latest edition, Applicable Indexes F.D.O.T. Utility Accommodation Manual, latest edition C. S.R. 45 - U.S. 41 Tamiami Trail North Streetscape Beautification Project, Planting and Irrigation Plans. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 WORKINCLUDED The guidelines set forth in this section are to regulate all aspects of underground irrigation sleeve boring and other methods, except open cutting or trenching. The guidelines established herein are to provide such regulation and control, and are not intended to provide complete step-by-step instructions for proper underground crossing operation. These guidelines do, however, specify a wide range of procedural precautions necessary to insure that the very basic, essential aspects of a proper crossing operation are adequately controlled. Adherence to the guidelines contained herein, or the F.D.O.T.'s or County's approval of any aspect of any crossing operation, covered by this section, shall in no way relieve the permittee of their ultimate responsibility for the satisfactory completion of the work authorized by the F.D.O.T. permit. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right-of-way permit shall be provided by the Owner. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project, and submit to the roadway agencies having jurisdiction for approval prior to beginning TR-CA-J-4 9/26/2002 11:59 AM 1.03 A. B= Eo work, using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. ~ 168 Lane closure will not be permitted on holidays as defined in the 1999 F.D.O.T. construction specifications. The contractor shall maintain two-lane operation after working hours. All hazards will be removed as per Index No. 600 before daily operations are complete. On-site work hours will be restricted between the hours of 9:30a.m. and 3:30 p.m. daily. This plan is a guide for the contractor. Coordination with the Naples F.D.O.T. District Maintenance Engineer is required. Emergency and unforeseen conditions may require the District Engineer to restrict or remove land closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. 2.0 MATERIAL All material used in execution of work authorized by the utility permit. 2.1 Encasement material to include uncased carrier pipe. Am Composition and Strength - All casings shall conform to the applicable ASTMS, and the following additional requirements: (1) Must be chemically compatible with any material it is to transport or otherwise contact. (2) Unless otherwise tested and approved by F.D.O.T. prior to beginning work, all encasement pipes or uncased carrier pipes shall be new and of round, smooth wall, leak proof construction. Used pipe in good condition may be used if approved by the local Maintenance Engineer prior to beginning work (3) The use of casings (not encased carrier) with wrapped protective coverings will not be allowed. (4) Plastic pipe must meet or exceed the following strength and composition standards: PVC (PolyvinyI-Chloride) PE (Polyethylene) PE (Polyethylene) Gas pipe over 3 %" PB (Polybutylene) -CAB (Cellulose Acetate Butyrate) ASTMD 1785 ASTMD 2447 ASTMD 2513 ASTMD 2662 ASTMD 1503 TR-CA-J-5 9/26/2002 11:59 AM 2.2 2.3 9/26/2002 ABS (Acrylonitrile-Butadiene Styrene) ASTMD 1527 RTRP (Reinforced Thermosetting Resin Pipe) ASTMD 2296 Or ASTMD 2997 16 2 An air pressure test for all leaks shall be conducted in the presence of the local Maintenance Engineer or his representative immediately upon completion of each crossing at a minimum test pressure of 20 psi. The test shall be abandoned if, in the opinion of the local Maintenance Engineer. the leaks are potentially damaging to the roadway. Either of the two test methods outlined below will be satisfactory: (A) Standard twenty-four (24) pressure test with recording chart. (B) Pressure test utilizing a dragnet type leak detecting device, or other equivalent testing equipment, capable of detecting pressure drops of one- half psi. Length of the test to be recommended by the testing equipment manufacturer for the conditions of the particular job. Immediately following the pressure test, the results shall be furnished to the F.D.O.T. Representative and Project Manager. Leaking pipes that cannot be repaired to meet pressure test are to be filled with concrete by pressure grouting, or other approved means, and placed out of service if, in the opinion of the local Maintenance Engineer, the leaks are potentially damaging to the roadway. Length-Casings and uncased carrier pipes shall be of sufficient length to extend under all pavements, and in no case shall the end of the casing be closer than eight (8) feet from the pavement edge, including paved shoulders, or four (4) feet from back of curb, plus additional length as necessary to extend to the excavated slopes of the boring and receiving pits or point. The ends of the casings under limited access facilities, and all casings for flammable materials, shall be no closer to the pavement edge (including paved shoulders) than the toe of the front slopes. Casings shall be required to extend to the right-of-way limits, or frontage roads, to provide for maintenance access on limited access facilities where periodic maintenance activities on the utility are expected. Casings shall also extend beyond pavement areas that are to be widened in the F.D.O.T's five-year work program, when proposal of such widening is supported by a design study. Joints and Couplings 2.3 A Plastic Pipe (1) Couplings - Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type being used. (2) Joints - Plastic ~pipe joints shall be made in accordance with applicable ASTM Standards. In all cases, the joints shall be made sufficiently strong TR-CA-J-6 11:59 AM 2.4 2.5 3.0 9/26/2002 to withstand the stresses of boring, with joints completely set and cured prior to placement of the pipe. 2.3 B Coupling thickness shall be such that the overall casing diameter is increased by no more than %" total. All couplings shall be leak proof. Drilling Fluids: If drilling fluids are used to lubricate the auger and facilitate the removal of cuttings, they shall consist of a mixture of water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. Plain water may be used if appropriate under the conditions existing at the time of installation. Shoring and Bracing Material: Materials used for sheeting, sheet piling, cribbing, bracing, shoring and underpinning, shall be in good serviceable condition; and timbers shall be sound, free from large or loose knots, and of proper dimensions, as required by OSHA regulations. EQUIPMENT 3.1 General In keeping with the overall objectives, this section is intended to set forth guidelines in the area of equipment solely to prevent unnecessary stoppages and subsequent damage tb the roadway. All equipment used in the execution of work covered under the utility permit shall have the built-in capacity, stability and necessary safety features required to fully comply with the specifications and requirements of this Manual, without showing evidence of undue stress or failure. It shall be the responsibility of the permittee to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway, or hazardous conditions may result in the event of an equipment breakdown; and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossing. 3.1 A 3.1 B Auqer I~ower units - Power units providing rotational force to the cutting head, and/or the auger used to remove spoil material as the bore progresses, may also provide power for jacks used to push the casing. Power units shall be in proper operating condition, and shall have sufficient power to satisfactorily complete the proposed crossing according to the manufacturers recommendations,. Au_clem - Screw-type steel drive tubes, or shafts with one male end and one female end for coupling and welded steel flighting (threads). TR-CA-J-7 11:59 AM (1) Auger shafts shall be streight and otherwise undamaged. 161 2 (2) Flighting shall be undamaged and securely welded to the body of the auger shaft, and be continuous with no gaps from end to end of each auger section. 3.1 C Cutting Head - Boring attachment fastened to leading end of first auger section equipped with special teeth, bits, blades, chippers or cutters used to cut or chip away rock or hard soils in advance of auger. (1) Cutting heads shall be undamaged and have no missing or broken teeth or bits. (2) Pinned or hinged wing cutters must be constructed in such a manner as to ensure over boring does not exceed limits specified. 3.1 D Auger tracks -Supports boring machine and provides line and grade control. (1) Tracks shall be straight and otherwise undamaged with no broken welds. (2) Tracks shall be constructed so as to remain rigid at joints and allow no appreciable flexing as power unit passes. 3,1 E Directional boring -A directional bore must use an auger or mechanical cutting type head, and shall be controlled as to depth and angle while boring. The distance between the top elevation of the bore (pipe) and the surface must be at least ten (10) times greater than the outside diameter of the boring head diameter. In all cases, the top elevation-of the bore (pipe) must be equal to or greater than the requirements found elsewhere in this Manual. When directional boring is used, the UAO shall furnish the F.D.O.T. with elevation readings every five (5) feet on the as-built drawings, or as directed by the local Maintenance Engineer. The maximum diameter on any directional bore or pull back can only be up to six inches (6") inside diameter, unless approved by the State Utility Administrator or designee. (1) Horizontal Boring Equipment -_Equipment shall include locking devices, surveying instruments, power plants, hydraulic motors and attachments, as well as mud mixing units and related equipment. (2) The UAO shall require all directional-boring contractors to provide proof of competence from the F.D.O.T. before any permit can be approved. 3.1 F AN F.D.O.T. INSPECTOR SHOULD BE ON JOB SITES FOR ALL DIRECTIONAL BORES CROSSING A STATE HIGHWAY. TR-CA-J-8 9/26/2002 11:59 AM 4.0 5,0 3.1 G Other Equipment- Any equipment used on the job that has not been defined and covered previously in this section, must be in proper working order and otherwise conform to the requirements as outlined under Equipment- General, at the beginning of the section. PERSONNEL REQUIREMENTS 4,1 A responsible representative of the permittee must be present at all times during the actual crossing operation on all crossings. 4,2 The permittee or the permittee's contractor shall have a sufficient number of competent workers on the job at all times to insure the crossing is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: boring machine operator, certified welder(s) for joining additional casing sections, crane or lift operator for removing spoil material; and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the contractor, that is thoroughly familiar with the equipment and type work to be performed, must be in direct charge and control of the operation at all times. In all cases, the supervisor must be continually present at the job site during the actual crossing operation. 4.3 The office of the local F.D.O.T. Maintenance Engineer must be notified 48 hours in advance of starting work. The actual crossing operation shall not begin until the local F.D.O.T. Maintenance Engineer or designee is present at the job site, and agrees that proper preparations for the crossing have been made. The local F.D.O.T. Maintenance Engineer's approval for beginning the crossing shall in no way relieve the permittee of the ultimate responsibility for the satisfactory completion of the work. The local F.D.O.T. Maintenance Engineer or designee must be present on the job site at all times during the actual crossing operation on "Major Crossings", or where plastic pipe is used. 4,4 It shall be the responsibility of the Owner to provide inspection personnel at such times as appropriate, without causing undue hardship by reason of delay to the contractor. If the contractor fails to begin the crossing at the agreed time, the local F.D.O.T. Maintenance Engineer will establish the next mutually convenient time to begin. On the other hand, the contractor shall not be required to delay the operation beyond the agreed starting time if F.D.O.T. fails to have its representative present at that time. To avoid undue hardship on either party, reasonable and mutual cooperation should be exercised where starting times are concerned. If one party fails to meet the agreed schedule, the other party is expected to consider a delayed start if the crossing can be completed during daylight hours, in keeping with the requirements. PROCEDURE 5.1 Erection of installation of appropriate safety and warning devices shall be completed prior to beginning work. --: TR-CA-J-9 9/26/2002 11:59 AM 5.2 5.3 5.4 5.5 5.6 9/26/2002 Subsurface Soil and Draina_cle Investi.clation 16~2 In general, the greatest influences on the success or failure of an underground crossing are the existing subsurface soil and water conditions. To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing, and to accurately locate potential problem areas, the Contractor must make subsurface investigation. Prior to beginning work on ":Major Crossings", and when requested, the Contractor must submit to the Project Manager.,a report of subsurface soil and ground water conditions as they exist in the area' along the path of the proposed crossing. The purpose of the report is to insure that the subsurface conditions are known to the Contractor, and his proposed crossing procedure is based on factual information. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours, and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours, except as allowed below. In emergency situations, or where delay would increase the likelihood of a failure, night work will be allowed to complete a delayed crossing. In addition, where the obvious hazards of night time work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the local F.D.O.T. Maintenance Engineer agrees that the delay was caused by reasonably unavoidable circumstances; or when such nighttime work is necessary to avoid placing an undue hardship on the permittee or his contractor. Planned nighttime work is expressly prohibited, and will not be allowed except as may be allowed in the special conditions of the F.D.O.T. permit. Equipment Breakdowns or Other Unforeseen Stopl=a_cles: When an obstruction is encountered that cannot be passed, or an existing utility is damaged, cutting of the pavement for inspection will be approved by the local Maintenance Engineer or designee, (when consideration of all pertinent facts indicate that such action would offer the most practical solution to the problem for all parties concerned). Permit on Job Site: A copy of the approved F.D.O.T. Permit and plan sheet(s) shall be kept by the Contractor at the job site at all times. If a subsurface investigation report and/or a dewatering plan is required, they too shall be kept at the job site, along with the other required documents, and shall be shown to the F.D.O.T.'s representative upon request. Waiver of Requirements: The requirements and recommendations contained in these guidelines are appropriate for the most common crossing situation. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict TR-CA-J-10 11:59 AM adherence would increase the likelihood of a crossing failure. Any such alteration or waiver shall be based on sound engineering judgment, and must be fully documented. Any alteration or waiver must be approved by F.D.O.T. and the Project Manager. END OF SECTION II TR-CA-J- 11 9/26/2002 11:59 AM SECTION PART 1 III - UNDERGROUND ELECTRIC SERVICE FEED GENERAL 1682 Contractor shall install electric underground service feed assembly to meet the requirements of all local and national electric codes, as well as to the requirements of Florida Power & Light Co. installation requirements. Installation shall meet the above mentioned requirements and at a minimum be in accordance to the F.D.O.T. standard Detail B, Underground Feed, service Point Details, Index 17504 as shown below. '1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, January 2000, Index 17505 C. S.R. 45 - U.S. 41 - Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 WORK INCLUDED The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an underground electric feed assembly. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right-of-way Permit shall be provided by the Owner. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. Dm Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in electrical work, with not less than five (5) years of experience in installing systems similar to those required for this project. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. ' TR-CA-J-12 -- 9/26/2002 11:59 AM 1.04 Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon inspection certificates completion of the work, he shall furnish to the "Owner" all customarily issued in connection with the class of work involved. GENERAL SERVICE SPECIFICATIONS A. The enclosure shall be NEMA 3R, pole mounted, rain-tight. B. The enclosure door shall be Iockable by padlock and four keys provided at the maintaining agency. The door shall have a minimum of three hinges and be latchable. No screws to be used to attach door. C. 480 V minimum rating bolt-in type breakers shall be used. D. Busbar to be copper coated and have a minimum rating of 100 amps. When main breaker exceeds 100 amps busbar to match breaker amperage. E. Locate contactor, transformer, and H.O.A. switch inside of enclosure, The enclosure to be sized to accommodate as many breakers as called for and all other service equipment. F. The enclosure to be rigidly attached to prefabricated concrete pole face. G. A 600 V lighting protector shall be wired inside the enclosure. H, A main breaker is required in all service panels with 2 or more feeder breakers. I. All service equipment shall be U.L. approved. TR-CA-J-13 9/26/2002 11:59 AM 1.04 DETAIL "B" UNDERGROUND ELECTRIC FEED 1682 1.04 DETAIl, "B" UNDERGROUND ELECTRIC FEED P.E. Controller When Required I~eter AS Required Height SpeciFied By Power Compony Concrete Pol~, Prestressed N-5 .12' Lonq ~ ~ AWG InsuloteE Copper Ground Wire In ~" Rigid Golvonlzed Steel Conduit. Memo Rigid Or Intermed[ote Metol, On All Above Ground Insfolloflon$ Pull Box See Detoil lndex /7505. ) Conflecflon For Pole Ground, Bond Wire, And Ground Rod. DETAIL B UNDD~ROUND FEED TR-CA-J-14 -- 9/26/2002 ll:59AM SECTION IV- GRADING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. S.R. 45 - U.S. 41 - Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and theCollier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. i.02 WORK INCLUDED Am Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items" Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. ~- 1.03 RELATED WORK A. Section I - Traffic Control Plan / F.D.O.T. Indexes B. Section V- Planting Soil Preparation C. Section VI- Irrigation D. Section VII-Plant Material and Installation E. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. TR-CA-J-15 ~ 9/26/2002 11:59 AM 1.05 A. 1.06 A. 1.07 A. EXISTING GRADES 1682 The existing grades if shown on the drawings are approximate only, and the contractor is responsible for grading to meet proposed and/or existing grades as required. The existing grade for all median work shall be based upon the top of existing curbing. Grading and drainage modifications shall be accomplished as per the plans and notes. The contours and/or grades established under contract will be the finished grades shown. The contractor under this contract shall perform the Work for construction using the existing finished grades previously established and modified in designated areas making whatever corrections and/or repairs to grades to make them consistent with the requirements of the drawings and specifications. Established finished grades shall be approved by the Owner's Representative/Landscape Architect for all project landscape areas prior to initiating landscape planting. UTILITIES In accordance to State of Florida law before starting site operations, call for utility locations from the appropraite agency and verify that the earlier Contractors have disconnected all temporary utilities which might interfere with the grading work. Locate all existing active utility lines traversing the site, and determine the requirements for their protection. Preserve in operating condition all active utilities adjacent to, or transversing the site that are designated to remain, or are installed by this project. Observe rules and regulations governing respective utilities in working under requirements of this section. Adequately protect utilities from damage, remove or relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned utilities encountered in excavation. Record location of active utilities. Utilities shall include those areas of jurisdiction of the South Florida Water Management and South West Florida Water Management Districts. Location of these areas within the Projects Limits, and the coordination of work within these areas, is the responsibility of the dontractor under this contract. QUALITY ASSURANCE Requirements of all applicable building codes and other public agencies having jurisdiction upon the work. Primary emphasis should be given to the aesthetic appearance and functioning of the road right of way and median landscape grading, as directed by the Landscape Architect, or Owner's Representative. The Contractor shall employ skilled personnel and any necessary equipment to insure that finish grading is smooth, aesthetically pleasing, dr. ains well with positive overland drainage, and is ideal for receiving sod and plant materials. The contractor will coordinate the aesthetic fine grading of the landscape areas with the roadway projects grades and profiles. TR-CA-J-16 -- 9/26/2002 3:33 PM PART 2 MATERIALS 2.01 EXISTING SOIL Am The Contractor shall, after removal of generally the top four inches (4") of existing soil per the plans and details, insure that all remaining existing soil has sufficient percolation and drainage to support plant material, and that extreme compaction does not exist. Remove all existing road rock from these areas B. In all areas to receive paving the existing soils shall be removed to a sufficient depth to allow for installation of pavers and base materials. In all areas or locations to receive shrubs, groundcovers, trees or palms, after existing soil have been removed and the proposed topsoil installed planting soil mixes as outlined in Section V "Planting Soil Preparation", and per the drawings and details shall be installed. PART 3 EXECUTON 3.01 JOB CONDITIONS A. Dust Control Use all means necessary to prevent dust from construction operations from being a nuisance to adjacent property owners, and from damaging finish surfaces on adjacent buildings, paving, etc. Methods used for dust control are subject to approval by the Landscape Architect or Owner's Representative. B. Stockpiling Soil Materials Within median limit of sight areas stockpiled soil materials shall not be permitted and in no place shall the stockpiled materials be higher than three feet. C. Protection Use all means necessary to protect curbs, gutters, retaining walls, sprinklers, utilities and vegetation designated to remain, and, in the event of damage; immediately make all repairs, replacements and dressings to damaged plants necessary to the approval of the Landscape Architect. Contractor shall incur all costs for the replacement of damaged objects and vegetation. Damage of existing Trees and Palms by the contractor will require replacement in kind within seven (7) days of the damage. 3.02 SCHEDULING A. Schedule all work in a careful manner with all necessary consideration for heavy traffic periods, adjoining property owners, land parcels, and the public in general. B. Coordinate schedule with the Program Manager and other Contractors to avoid conflicts with their work. :~ 9/26/2002 11:59 AM TR-CA-J-17 3.03 A. 3.04 A. 3.05 EXCAVATION 1682 Excavate existing median soils and turf grass vegetation to a four (4) inches (+/-) and in median end planting beds to a maximum of six (6) inches (+/-) in depth to obtain desired grade profiles per the attached plans and notes. (Alternate): Contractor to cut & fill existing on site materials to create undulations of ground as shown or notes on the plans. Excavate all median areas to receive paving to a sufficient depth to allow for the paving installation materials. Materials to be excavated are unclassified. Remove entirely any existing obstructions after approval by the Landscape Architect, and Owner. Remove from site and dispose of debris and excavated material not required by the job the same day it is excavated. Remove all rocks or stones greater than one inch in diameter within the top four inches of soil in turf areas and to an 8 inch depth in planting beds. FINISHED GRADING The Contractor shall establish finished grades as shown on the grading plans, and as directed by the Landscape Architect and/or Owner; including areas where the existing grade has been disturbed by other work. Finished grading shall be smooth, aesthetically pleasing, well drained, and ready to receive sod and other plant material to the full satisfaction of Landscape Architect and Owner. The Contractor shall use and employ the services of a registered land surveyor in the State of Florida, to both establish project grades for fine grading operations, and also to provide certified as-built grading plans if required. Finished grade tolerances for the aesthetic grading of the landscape areas of the project shall be ¼ inch vertically and 12 inches horizontally from the grades shown on the plans, unless otherwise required by the related documents or roadway grading and profiles. COMPACTION Compact each layer of fill in designated areas with approved equipment to achieve a maximum density at optimum moisture, AASHTO T 180 -latest edition. 1. Under buildings, roadways, curbs, walks and other paved areas: Compaction shall be to a minimum of 95% of maximum density. 2. Under landscaped area: Compaction shall not exceed 90% of maximum density, and not- to be less than 85% of maximum density. TR-CA-J-18 -- 9/26/2002 11:59 AM 3.06 A. No backfill shall be placed against any masonry or other exposed building surface until seven days.permissi°n has been given by the Owner, and in no case until the masonry har~s~.~ b..~ ~~!~e ' Compaction in limited areas shall be obtained by the use of mechanical tampers or approved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than four (4") inches thick. The hand tampers used shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent any wedging action against masonry, or other exposed building surfaces. Density testing to be per County and F.D.O.T. standards. CORRECTION OF GRADE Bring to required grade level areas where settlement, erosion or other grade changes outside those shown in the drawings occur. Adjust grades as required to carry drainage away from buildings, and to prevent ponding around the buildings pavements, and planting areas. Remove all rocks, 1" in diameter or greater ,or objectionable material to depth as specified prior to commencing landscaping. Contractor shall be responsible for stabilizing grades by approved methods prior to landscaping, and shall be responsible for correction of grades as mentioned above, and cleanup of any wash outs or erosion. END OF SECTION IV TR-CA-J- 19 9/26/2002 11:59 AM SECTION V - PLANTING SOIL PREPARATION PART 1 - GENERAL .01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. . D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest editioin. E. S.R. 45 - U.S. 41 -Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated in the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items" B. Including, but not limited to: 2. 3. 4. Topsoil placement Soil Conditioners Prepared Planting Soil Mixes Prepared top dressing soil mixes. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I - Traffic Control Plan / F.D.O.T. Indexes B. Section IV- Grading C. Section VI- Irrigation D. Section VII - Plant Material and Installation E. Section VIII Sodding TR-CA-J-20 -- 9/26/2002 11:59 AM 1.04 A. SITE INSPECTION 16~2 ~' The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and Collier County. B. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of all City, County and State agencies having jurisdiction. 1.06 SUBMITTALS A. Test Reports Test reports shall consist of pH range, major and minor element analysis, soluble salt concentrations, sand fraction analysis and testing laboratory recommendations as to suitability of soil for planting and drainage. Reports shall be identified by project name, date, and soil mix type. The following reports are required: = Results of topsoil analysis. Results of planting soil mix analysis: One test required per each type of soil mix with and without specified fertilizer (note: pH ranges for plant type) Results of Sand Analysis: One sand fraction analysis required. Results of imported topsoil analysis. The Owner's representative or Landscape Architect may require additional test reporting based on field and project conditions at their discretion. B. Certificates Manufacturer's certification and/or testing laboratory certification that content of soil conditioners meet specification requirements. Manufacturer's certificate of fertilizer's chemical composition including, but not limited to, percentage and derivation of nitrogen, phosphorus, potassium, and micro-nutrients. Submit all certification to the Landscape Architect a minimum of one week prior to installation of any materials. C. Soil Samples Submit a one-pound sample of each soil mix specified. Soil samples with required test reports must be submitted by the Contractor to the Landscape Architect a minimum of one week prior to installation beginning. Each sample must be clearly labeled as -to contents. 9/26/2002 11:59 AM TR-CA-J-21 1.07 2. Submit one-pound sample of each soil conditioner required to mix each prepared planting soil mix. 3. Schedule soil sample with Landscape Architect to verify location, time, conditions, etc. of samp,es. 16B27 JOB CONDiTiONS A. Contractor shall become familiar with the site and the required work to complete this section in accordance with the drawings and what is specified herein. Contractor shall be responsible for bringing all areas to finished grade as shown on drawings. Any changes, modifications, or disturbances to the fine grading shall be corrected by the responsible contractor. C. Protection: Protect and avoid any damage whatsoever to existing walks, pavement, curbs, utilities, plant material, and any other work. D. Contractor shall be responsible for stabilizing all slopes and planting soil by approved methods. PART 2 - PRODUCTS 2.01 TOPSOIL A. Topsoil source for planting shall be provided by the Contractor from off site sources. Topsoil shall be suitable for ornamental plant growth and free from hard clods, stiff clay, hardpan, gravel, Subsoil, brush, large roots, refuse, or other deleterious material, and of reasonable uniform quality. Existing topsoil prior grading shall be treated with post-emergent herbicide and after placement treated with post and pre-emergent herbicides to remove weeds. C. Mechanical Analysis: Topsoil and soil mixture(s) shall meet these specifications and the following mechanical analysis: Percentage Passing By Sieve Size Dry Weight Sieve Size Percentage 1 inch 99-100 ¼ inch 97- 99 No. 200 less than 7% Materials larger than one inch shall be disposed of off the site. Existing leaf lifter and plant material shall be removed from topsoil and soil mix. D. Maximum Soluble Salts: 300 ppm. TR-CA-J-22 9/26/2002 11:59 AM Ew 2.02 A. B. C. E. F. G. Contractor shall assure existing soils are free of any visible weeds. In the event topsoil on site does not meet the above requirements, topsoil me t requirements may be imported from off-site sources after approval by Landscape Architect and Owner's Representative. Minimum Off-Site Topsoil Requirements: Topsoil shall be friable, fertile soil with representative characteristics of local soils. It shall be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks, brush, litter, and any harmful materials. There shall be no exotic or noxious weeds or weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In no case shall there be more than five percent (5%) by volume of stones, coarse sand, gravel or clay lumps larger than one inch (1") in diameter. The soil shall test in the pH range of 5.5 to 7.5 and shall contain no substance which will impede plant growth. Adjustment of the pH shall only be allowed for increasing the pH level by adding dolomitic limestone. The topsoil shall be sampled and laboratory tested for certification and approval prior to installation. Topsoil shall conform to the following composition ranges: Components Volume Measure Organic matter .5 % to 4 % Silt 3% to 40% Sand 60 % to 85 % Clay 3% to 10% Particle Size .05- .002 mm .20 -.050 mm .002 mm & below SOIL CONDITIONERS Dolomitic Limestone: Approved product, designated for agriculture use. Ammonium Sulfate: Manufacturer's standard commercial grade. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and specifically pulverized for agricultural use. Florida peat shall be free of deleterious materials that would be harmful to plant growth, shall be free of nematodes, shall be of uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in accordance with ASTM E70). Florida peat shall be sterilized to make free of all viable nut grass and other undesirable weeds prior to delivery to the project site, and shall be delivered with certification of sterilization. Pesticides: As recommended by applicable Agricultural Public Agencies. Herbicide. s: As recommended by applicable Agricultural Public Agencies. Soil Fumigants: As recommended by applicable Agricultural Public Agencies. Fertilizer: 1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical designation shall be as specified with at least 50% of the nitrogen derived from a non- TR-CA-J-23 9/26/2002 11:59 AM Jw 2.03 A. water soluble organic source, and all potash to be derived from triple super sulfate forms for all plantings (i.e. submit suppliers analysis affirming the above). The following minor elements shall be included: Zn, Cu, Mg, Fe, Mn, B 16B2 Contractor shall adjust specified analysis of fertilizer with required minor elements as required depending upon test results of existing soils, planting soil(s) and testing laboratories recommendations at no additional cost to Owner. Federal Specifications O-F-241 Type 1, Grade A or B. The chemical designation for granular fertilizer for all plantings shall be 8-10-10 unless otherwise recommended by testing laboratory. Contractor shall submit adjusted fertilizer analysis for plant type as may be required (i.e. soil, shrubs/groundcovers, trees, and palms). 2. Note Section III, Trees, Plants and Groundcovers for additional fertilizer requirements. Water: Free of substances harmful to growth of plants. Water shall also be free of staining agents as well as elements causing odors. Potable water will be used on the project. However, reclaimed water will be used, as available, for irrigation purposes. Soil Sterilizers: As recommended by State and Local Agriculture agencies. Pre-emergent herbicide "Surflan" or equal and Post-emergent herbicide "Roundup" or approved equal, handled and applied per manufacturers label and instructions, as well as per all regulatory agencies requirements and regulations. Sand: Clean, white, coarse-grained (0.5 mm or greater) builders sand, free of substances harmful to growth of plants. Beach sand and Mason's sand shall not be used. Gravel: Clean (washed), and free from substances harmful to growth of plants. Gravel shall consist of %" minimum diameter to 1" maximum diameter stones with 50% of the stones no greater than 1" diameter. Supply complete information on all analysis/test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect or Owner's Representative prior to placement of soil conditioners. Landscape Contractor shall make all modifications and improvements to soil and soil mixes deemed necessary by Landscape Architect and Owner's Representative to meet requirements herein, and to ensure proper growing medium for all plant material without additional cost to Owner, prior to planting. PLANTING SOIL MIXES Planting soil mixtures(s) shall be suitable for plant growth and free from hard clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds, refuse, or other deleterious material, and of reasonably uniform quality. Planting soil mixtures shall be placed per the plans, details and notes in all planting beds and as backfill around the root balls of all trees as follows: TR-CA-J-24 9/26/2002 3:34 PM Note: General Palm Soil Mix: 100% Topsoil Roots Inc., "M-roots" formula 25 lbs. per palm on top of backfill. Royal Palm Soil Mix: 50% Approved topsoil/Florida Peat mixture 50% Clean course builders sand 1 cubic yard of mix per palm Ph range 5.5.- 6.5 Roots Inc., "M-mots" formula 25 lbs. per palm on top of backfill. Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. C. Trees/Shrubs and Groundcovem: Planting soil mixture shall be placed to a 4" depth over all plant areas then tilled into the topsoil and existing sub-grade to a depth of eight (8) inches. Planting soil mixture shall also be used to mix 50/50 with existing soil and used as backfill around the root balls of all trees, which consist of a mixture as follows: Blend at a 50% existing or imported topsoil and 50% planting soil mix Planting Soil Mix: 40% Florida fibrous peat 20% Compost 20% Wood chips 20% Sand (.05 - .002 mm particle size) Roots Inc., "M-mots" formula on top of backfill. 1 gal. - .25 lb. per plant, 3 gal. -.50 lb., 10 gal. - I lbs., 1.5" cal. dia. - 2 lbs., 2" dia. - 3 lbs. 2.5" dia. - 5 lbs., 3" dia. - 7 lbs., 4" dia. - 12 lbs., 5" dia. - 16 lbs., 6" dia. Plus - 25 lbs. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. St. Augustine Floratam Sod: Existing soil to be tilled to a minimum 4" depth below all sod areas. Additive to existing soil in turf areas Roots Inc., "M-mots" formula 10 lbs. per 1000 sq. ft. with rotary spreader. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. Annual Beds: Preparation and amendment of all annual beds shall be as follows if shown on plans: Excavated existing soil into the center of the bed for elevation and drainage. Spread the following soil amendments evenly over the bed area. 1/3 Florida peat 1/3 Pine bark 1/3 Clean builders sand 4 to 6 month Osmocote I tablespoon per plant TR-CA-J-25 9/26/2002 3:34 PM F. Provide certification that all planting soil mixtures are 99% free of all viable nut grass, and other undesirable weed seeds. mixes shall be thoroughly blended to form a uniform planting,~uBs~ble, :i~ G. All planting soil for exaeptional plant growth. Test pH of prepared topsoil and planting soil mixtures by method acceptable to current industry standards. If pH is not between 5.5 and 6.5, add approved soil conditioner/additive to bring pH within that range. Imported local topsoil shall have a Ph range of 5.5 to 7.5. Supply complete information on all analysis/test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect prior to placement of soil mixtures. In addition, provide Landscape Architect with thoroughly mixed sample of all soil mixes for approval prior to placement (note pH ranges). Landscape Contractor shall make all modifications and improvements to soil mixes deemed necessary by Landscape Architect to meet requirements herein, and to ensure proper growing medium for all plant material without cost to Owner, prior to planting. PART 3 - EXECUTION 3.01 INSPECTION Examine areas to receive soil preparation to assure work of other trades has been completed. Whole contiguous areas are to be prepared at the same time without patchwork or checkerboard work areas. Verify that plants to remain undisturbed have been clearly identified and protected from injury during construction, if not, identify and protect plants to remain according to procedures set forth in Section III, "Trees, Plants, and Groundcovers". C. Remove all construction materials and debris from all areas to be landscaped, without additional expense to Owner, prior to subsoil preparation: D. Verify that all areas have been properly graded, and that all planting areas have adequate surface drainage prior to planting. E. Do not proceed with soil preparation or soil top dressings until all unsatisfactory conditions are corrected. Verity representative soil percolation test for planting pits in each project area to ensure proper soil drainage prior to planting. Schedule percolation test with Landscape Architect to verify compliance. 3.02 SITE PREPARATION A. General: Within the entire contiguous area to be landscaped, sodded or seeded, as shown on the drawings, the contractor shall complete the following site preparation. Initiate site TR-CA-J-26 - 9/26/2002 11:59 AM preparation as stated herein, and coordinate all work with the existing underground sprinkler system and electrical lines, 16[~2 .... '~ B. Grading: Upon completion of the excavation of the existing soil topsoil as described within and deemed acceptable by the Owner's Representative, the contractor shall grade and place soil mixes in all areas to the proposed grades. Proposed grades shall be as shown or notes on the plans. All areas shall be maintained in a true and even condition. All areas shall be positively drained to existing drainage structure where existing and properly compacted to prevent the formation of depressions where water will stand.. All undulations and irregularities in the surface shall be leveled prior to initiating landscape planting. Post-Emergence Herbicide: Apply "Roundup" or equal as manufactured by Monsanto Corp. according to manufacturers recommended rate and specification within the limits of all areas specified on the plans to be landscaped as needed to control weeds. Protect existing plants from overspray. Contractor shall ensure total eradication of all existing weed and/or natural groundcover of all areas to be landscaped within the project area prior to proceeding with plant installation. D. Pre-Emergence Herbicide: Apply "Surflan" or approved equal to all areas to be landscaped according to the manufacturers recommended rate and specification. Contractor shall be responsible to re-apply appropriate herbicide to eradicate all remaining weeds, and maintain a weed-free condition in all areas throughout all landscape planting areas. EJ All herbicide and soil fumigant applications shall be completed by experienced personnel only; in strict accordance with applicable codes and regulations, and contained with the limits of areas to be landscaped. The contractor shall be responsible to replace all existing landscape material present on site with equal sized material that may be damaged while applying herbicide; including overspray or improper application of herbicide, at his own expense. F. Acceptance: Upon completion of all site topsoil preparation, the contractor shall request acceptance from the Owners's Representative prior to initiating landscape planting as specified. 3.03 PERFORMANCE Subsoil: Remove all construction debris, limerock, gravel, rocks and other deleterious material over 2" in diameter, within 18" of surface in areas to receive planting and topsoil mixtures, from the project site. Fine grade subsoil to assure finish grades are achieved by adding the specified depth of topsoil and/or planting mixture. B. Soil Mixtures Prior to installing planting soil, test tree pits and planting areas for percolation. If areas do not drain; it is the contractor's responsibility to assure percolation by approved means (i.e. addition of gravel or excavate deeper to break through hardpan soil, etc). 2. Remove rocks and other objects over one inch (1") in diameter. 9/26/2002 11:59 AM TR-CA-J-27 planting beds abut paved surfaces. 16U 4. Do not compact planting soil mixture; but do wet/soak planting areas to assure proper settlement. Replace topsoil/planting soil mixture to specified grade after watering, where necessary. 5. Grade topsoil to finished grade in areas to be sodded. Remove plant material not indicated as existing, or to be relocated, in order to adhere to sod lines. 6. Remove limerock or soil cement, and/or any other materials deleterious to plant growth and survivability, in median islands or construction areas to a full 18 inch soil depth in planting beds or turf areas. Do not damage sub-base material for paved surfaces or curbing. Assure percolation, and then backfill with approved planting soil mix. 7'. Excavate annual beds and replace soil with approved planting soil mix as indicated above. 3.04 A. B. CLEAN-UP Immediately clean up spills, soil and conditioners on paved and finished surface areas. Remove debris and excess materials from project site daily. END OF SECTION V TR-CA-J-28 -- 9/26/2002 11:59 AM SECTION VI- CONVENTIONAL POP-UP IRRIGATION SYSTE..M PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D,O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. S.R. 45- U.S. 41 -Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an automatic irrigation system as specified herein, and as shown on the drawings, and any incidental work not shown or specified which can reasonably be determined to be part of the work, and necessary to provide a complete and functional system. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right-of-way permit and F.D.O.T. permits shall be provided by the Owner. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" indexes and the F.D.O.T. "Florida Pedestrian Safety Plan" latest editions. 1.03 RELATED WORK A. Section I - Traffic Control Plan / F.D.O.T. Indexes B. Section III - Underground Electric Service Feed C. Section IV Grading D. Section V- Planting Soil Preparation TR-CA-J-29 9/26/2002 11:59 AM E. Section VII -Plant Material and Installation F. Section VIII Sodding 1.04 A. 1682 QUALITY ASSURANCE Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years of experience in installing irrigation systems similar to those required for this project. Coordination: Coordinate and cooperate with other contractors to enabl~f the work to proceed as rapidly and efficiently as possible. Inspection of Site: The contractor shall acquaint himself with all site conditions, including underground utilities before construction is to begin. Contractor shall coordinate placement of underground materials with contractors previously working underground in the vicinity, or those scheduled to do underground work in the vicinity. Contractor is responsible for minor adjustments in the layout of the work to accommodate existing facilities. Protection of Existin_¢l Facilities, Si.qnage, Vegetation and General Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation in preservation areas. Contact Landscape Architect if minor adjustments are not sufficient to protect existing site conditions. All existing grades shall be maintained and restored to their previously existing condition immediately following installation and testing. Protection of Work and Property: The Contractor shall be liable for, and shall take the following actions as required with regard to damage to any of the Owner's property. Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure of any kind (including without limitation, damage from leaks in the piping system being installed, or having been installed by Contractor) damaged by the Contractor, or by his agents, employees, or subcontractors, during the course of his work; whether through negligence or otherwise, shall be replaced or repaired by Contractor at his own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. (2) Contractor shall also be responsible for damage to any work covered by these specifications before final acceptance of the work. He shall securely cover all openings into the systems and cover all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions on the pipes, and the breakage, misuse or disfigurement of the apparatus, equipment or appliance. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and' with all established codes applicable thereto. The Contractor shall take out all required permits except as noted within, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. TR-CA-J-30 9/26/2002 11:59 AM 1.05 A. Bm Dm 16132 The Contractor shall keep on his work, during its progress, a competent superil'~endent and any necessary assistants, all satisfactory to the Owner, or Owner's Representative. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. The Owner's Landscape Architect, Irrigation consultant, or designated individual, herein referred to as the Owner's Representative, shall have full authority to approve or reject work performed by the Contractor. The Owner's Authorized Representative shall also have full authority to make field changes that are deemed necessary. In all cases where observation of the irrigation system work is required, and/or where portions of the work specified to be performed under the direction of the Owner's Representative, the Contractor shall notify same, at least 48 hours prior to the time such observation or direction is required. Any necessary re-excavation or changes to the system needed, because of failure of the Contractor to have the required observations, shall be performed at the Contractor's expense. SUBMITTALS Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract). All material shall be those specified and/or approved by the Landscape Architect. Product Data: After the award of the contract, and prior to beginning work, the Contractor shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two copies of the complete list of materials, manufacturer's technical data, and installation instructions which he proposes to install. For all proposed element substitutions, the contractor shall submit performance technical data approved by the Center of Irrigation Technology. Commence no work before approval of material list and descriptive material by the Irrigation Consultant and Landscape Architect. Record Drawings: The Owner shall furnish the Contractor with one set of reproducible vellums or mylar sepias showing all work required under this contract for the purpose of having the Contractor record on these reproducibles all changes that may be made during actual installation of the system. Location shall include dimensions from two (2) permanent points of reference (building corner, street corner, fence line, etc.). (1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations other that shown on the original drawings, or of sizes other than indicated, the Contractor shall clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All records shall be neat and subject to the approval of the Owner. TR-CA-J-30 9/26/2002 11:59 AM (2) The Contractor shall also indicate on the record prints the location of all wire si: original, or due to repair, that are installed underground in a location other than the controller pedestal, remote control valve box, or power source. (3) These drawings shall also serve as work progress sheets. The Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for review, and shall be kept in a location designated by the Owner's Representative. (4) Each month when Contractor submits his progress payment request to the Owner, it shall include the up to date record drawing information for all material installed to that date. (5) Progress payment request and record drawing information must be approved by the Landscape Architect before payment is made. (6) (7) If, in the opinion of the Owner or his representative, the record drawing information is not being properly or promptly recorded, construction payment may be stopped until the proper information has been recorded and submitted. Before the date of the final site observation and approval, the Contractor shall deliver one set (copies) of the record drawing plan and notes to the Landscape Architect. The Contractor shall deliver the original marked reproducibles to the Owner. Record drawing information shall be approved by the Landscape Architect and Owner prior to final payments, including retention's. PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 MATERIALS The materials chosen for the design of the irrigation system have been specifically referred to by the manufacturer, so as to enable the Irrigation Consultant or Landscape Architect to establish the level of quality and performance required by the system design. Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and installation instructions are reviewed and approved by the Landscape Architect and Owner's Representative. Approval may be granted only if substitution is equal to the specified equipment. Performance technical data provided and approved by the Center of Irrigation Technology must be submitted for all proposed product substitutions. Storage and Handling: Use care in handling, loading, storing and assembling components to avoid damage. Store plastic pipe and fittings under cover and protect from sunlight before using. Discolored plastic pipe and fittings shall be rejected. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general deterioration. TR-CA-J-31 9/26/2002 11:59 AM Polyvinyl Chloride Pipe (PVC): All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks. (2) All PVC pipe shall be continuously and permanently marked with the manufacturer's name or trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number, schedule, class or type, and the NSF seal of approval. (3) Pipe tensile strength shall be in accordance with ASTM-D 638. (4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - Pipe 3" and larger shall be used, or irrigation main line and any other line under constant pressure, and shall be: PVC 1120/1220 Class 200, SDR-26 Bell End Gasket Type in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 ASTM-D Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - Pipe 2 ~ inches and smaller shall be used for lateral piping, and any piping not under constant pressure, and shall be: PVC 1120/1220 Class 160, SDR-21 solvent weld joint, in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (6) All piping including main lines and laterals for reuse water source projects shall be color coded (Pantone purple 522C) for reuse water per County ordinances and State statues. E. PVC Pipe Fittings: (1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1/11 in accordance with ASTM-D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe, as recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute acetone test as for pipe, and shall be a approved. TR-CA-J-32 9/26/2002 11:59 AM (2) 16B2 fittings shall withstand the twenty (20) minute acetone test, and be approved. (3) All molded fittings shall be marked with manufacturer's name and/or trademark, type PVC, schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw materials, and meet ASTM standards. Supplier shall provide certification on extruded couplings when requested. (4) Schedule 80 threaded male/female adapters shall be used in connecting to threaded joints. ($) All changes in depth of mainline pipe shall be made using 45 degree fittings. (6) All threaded PVC to metallic connections shall be made in accordance with the PVC fitting manufacturers recommendations. Any sealant used shall be of the non-hardening, non- petroleum base type, and shall not adversely effect PVC pipe or fittings. F. PVC Solvent Cement: PVC solvent cement and primer/cleaner shall be compatible with the specific size and type of PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer recommendations. G. Rubber Rings and Gasket Joint Lubricant: Rubber rings shall conform to ASTM-D 1869 and F 477. Contractor shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, non-toxic, an inhibitor to bacterial growth, and shall be non-detrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco (RR), petroleum products, cooking oil, grease, etc.) shall not be used. H. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers shall be equipped with all available electrical surge/lightning protection devices for all circuits. Protection shall be factory supplied and installed whenever possible. Protection devices no_t supplied by the manufacturer shall be as recommended by manufacturer to provide a maximum degree of protection. I. Low Voltage Valve Control Wire (24 Volt): All 24 volt control wire shall be #10 AWG or as specified on plans, UL listed single conductor solid copper, type UF, 600 volt test for direct burial installation. (1) Provide one (1) red activation, (1) white common, (1) blue expansion and (1) green spare 24 volt valve control wire, between the field controller terminal strip station lug and the farthest control valve solenoid lead; to all control valves. TR-CA-J-33 9/26/2002 11:59 AM (2) Valve common wire shall be white in color. Individual valve control wires shall be color coded or identified by an approved tagging method. (3) All wire shall be furnished in minimum 2,500 feet rolls and spliced only at the valve and the controller. J. Control Valves The remote control valves shall be as specified on the plans, and shall perform to the manufacturer's specifications. K. Gate Valves: Gate valves one inch (1") through four inch (4") shall be Series 206 bronze threaded end gate valves manufactured by "Red-White", in jumbo size valve boxes with extension as needed. L. Quick Coupling Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications within jumbo valve boxes. M. Control Valve Boxes: All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty-four inch (24") Ametek Boxes, or approved equal, with identification covers reading, i.e."Control Valve" or Irrigation Controls". Where possible, gate valves shall be installed with control valves. Jumbo size boxes with cover shall be used for all two valve in one box installations. Gravel and non-woven soil fabric shall be installed at the bottom of the boxes as shown in the details. (1) Locking lids shall be mauve in color, boxes and extensions shall be black or green, and constructed of high strength, light weight thermoplastic. N. Tubing to Connections: All interconnecting tubing sections shall be connected with connections recommended by the tubing manufacturer. (1) Any threaded connection using Teflon tapes as an anti-seize device shall avoid excessive use of Teflon tape. Apply Teflon tape only in accordance with riflings and/or component manufacturers recommendations. O. Back Flow Prevention Device: The back flow prevention device shall be as specified on the plans, and shall be installed and perform to the manufacturers specifications. If back flow prevention device is required by local or state laws or ordinances, it shall be considered part of the contract whether or not it is specified on the accompanying plans. TR-CA-J-34 9/26/2002 11:59 AM Conventional Irrigation System General Layout and Installation: 16 2 System zones shall have all components as shown on the plans and as recommended by the manufacturer. (1) The Irrigation Contractor shall coordinate with the Landscape Contractor for the layout of the landscape designated areas. The Irrigation Contractor shall make all adjustments necessary to assure that water is provided in a consistent and uniform fashion to the plant material. Any significant layout changes shall be brought to the attention of the Project Manager and Landscape Architect for approval. The Irrigation Contractor shall have the layout approval of the Project Manager and Landscape Architect prior to covering the layout changes. Upon the complete installation of the system or sections and being fully operational the system shall be run for two continuous days to hydrate the soil. (2) Thoroughly flush all pipe lines for a period of no less than five minutes prior to installing nozzles. (3) Review of each zone for layout and coverage approval is required by the Owner's representative. (4) The soils at the planting areas shall be thoroughly hydrated two days prior to the installation of plant material. The Landscape Contractor shall coordinate with the Irrigation Contractor for the location of large plant materials. Any damaged lines shall be repaired or replaced by the party responsible for the damage, in the event of repairs or replacements, the section shall be thoroughly flushed. All expenses incurred as a result of the damaged shall be bared by the responsible party. P, SPrinkler Heads and Nozzles: The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the manufacturer's specifications. PART 3 EXECUTION 3.01 SYSTEM DESIGN A. Design Pressures: Main line pressure at the source location shall be as required to operate the irrigation system at the design pressures as specified on the plans. Pressure shall meet manufacturer's specifications. B, Location of Irrigation Components: Irrigation plants are diagrammatic and approximate. All piping wires, field controllers, etc., sffall be installed within the project boundaries. Final location of piping and wiring shall be done following Contractor ascertaining location of existing underground utilities. TR-CA-J-35 9/26/2002 11:59 AM Sprinkler Head Spacin.q: 16 2 Head spacing shall be as shown on the plans. Do not exceed spacing, shown or noted on the plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting locations, and existing site conditions, only if approved prior to installation by the Irrigation Consultant and/or Landscape Architect. D. Minimum Water CoveraRe: Minimum water coverage shall be for all proposed plants and turf areas. Layout may be modified if necessary, and approved by the Irrigation Consultant and/or Landscape Architect, to obtain coverage. E. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits (excluding permits listed within and provided by the Owner), arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 3.02 EXCAVATION AND TRENCHING Perform all excavations as required for the installation of the work as defined and described on the installation plans, in accordance with the contract documents, and under this section of specifications. All construction shall be done in a neat and workmanlike manner in strict accordance with manufacturer's recommendations. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. C. Main and Lateral Line Trenchin.q: Mainlines shall be installed in accordance with the installation details, and by cutting and removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring grades, and replacing sod, if required. (1) Mainline trenches shall be of the necessary width for the proper laying of pipe, riflings, wire and conduits, and the banks shall be as vertical as possible. Trenches shall be great enough to allow six inches between parallel pipe lines. Trench with shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. (2) Mainline trench depths shall be as noted in the specifications and on the installation plans and details. Use 45 degree fittings for all changes in depth of mainline pipe. (3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for each section of pipe at every point along its entire length. Trench bottom shall be free of rocks, gravel and other extraneous debris. TR-CA-J-36 9/26/2002 11:59 AM D. Safety: Maintain all warning signs, shoring, barricades flares and red lanterns as required by the Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances. E. Trench Depth:' Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe lines. Trenches for pipe lines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT requirements. 36" minimum cover over main lines under paved surfaces. 24" minimum cover over main lines within medians, if installed along back of curbing. 48" minimum cover over main lines within medians, if installed down center of median. 12" minimum cover over lateral lines to heads. (1) Metalized identification tape shall be buried approximately six (6) inches above irrigation main line. Tape width shall be three inch (3")minimum. Tape colors and imprints shall be as follows: Imprint "Reclaimed Water" Caution - Non-Potable Irrigation Water Line Buried Color Pantone Purple 522C F. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details on accompanyin~ plans. 3.03 BACKFILL AND COMPACTING A. After testing of system has occurred, and observations have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. B. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been successfully completed. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas. D. Dress off all areas to finish grades, and restore to condition previous to irrigation installation. E. Clean-Up: Remove from the site all debris resulting from work of this section. Cleanup shall be conducted continuously throughout the installation process to keep extraneous materials off the work site. TR-CA-J-37 9/26/2002 11:59 AM 3.04 A. INSTALLATION Remote control Valves: Install remote control valves where shown and group together where practical; place no closer than 12 inches to walk edges, buildings, and walls. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be jumbo size. Install in planting beds where possible. C. PVC Pipe and Fittinqs: Plastic pipe and riflings shall be solvent welded using solvents and methods as recommended by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and moisture before applying solvent with a non-synthetic bristle brush. All screwed connections shall b thoroughly cleaned and wrapped with Teflon tape, as specified in these specifications. (1) The pipe manufacturer's installation manual shall be followed for the installation practices. (2) Use only a color-tinted cleaner/primer to prepare the outside diameter of the pipe and the inside diameter of the fitting socket. Cleaner/primer and solvent cement shall be C6mpatible with the specific sizes and types of PVC pipe and fittings being used. (3) Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to apply the cleaner/primer and the solvent cement. Applications shall also be approved by the manufacturer of the cleaner/primer and solvent cement. (4) Make all joints immediately after applying the solvent cement. Check all fittings for correct position. Hold joint steady so that pipe does not push out from fitting. Use a clean rag to remove any excess solvent from completed joint area. (5) All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. D. Above Ground Piping: Ali pipe and fittings permanently installed above ground shall be UV resistant PVC Schedule 80 pipe. Piping shall be painted a color as approved by the Owner. ~ ~(1) All pipe fittings intended for temporary use, and installed above ground, shall be UV --resistant PVC Schedule 80. TR-CA-J~38 9/26/2002 11:59 AM 3.05 A. 168 E. Pipe Sizes: ,? All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Contractor shall minimally size pipe so to maintain a minimum 45 - 50 PSI operating pressure. F. Manual Gate Valves: Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings using PVC male adapters. All threads shall be thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon tape. G. Automatic Field Controllers: The on-site location of the automatic controllers shall be approved by the Irrigation Consultant and/or the Landscape Architect following stake-out in the field by the Contractor. Contractor shall be responsible for monitoring the integrity of the flag markings. (1) Controllers shall be installed in accordance with the plan details and manufacturer's instruction. (2) Contractor shall provide controller grounding in accordance with the manufacturer's requirements and/or recommendations. If specified ground resistance cannot be obtained, consult manufacturer for prescribed methods. (3) Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled, then connect remote control valves to controller in a clockwise sequence to correspond with station setting, beginning with Stations 1, 2, 3, etc. CLOSING OF PIPE AND FLUSHING LINES Cap Ol~enin.qs: Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. (1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants. (2) Test in accordance with paragraph on Hydrostatic Tests. Testin_~: Request the presence of the Irrigation Consultant and/or Landscape Architect in writing, or by phone, at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the Contractor, and in the presence of the Irrigation Consultant and the Landscape Architect. ~ TR-CA-J-39 9/26/2002 11:59 AM C. Hydrostatic Test: 16132 Center load piping with small amount of backfill to prevent arching or slipping under pressure. A continuous and static water pressure of 120 PSI or as directed by Owner's representatrive shall be applied for a period of not less than two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, and flush all lines. (1) Tests shall be made between valves and, as far as is practicable, in sections of approximately one thousand (1000) feet, as long as approved by the Irrigation Consultant and/or the Landscape Architect. Potable water from an existing water distribution system shall be used, if available. The test pressure shall be 120 PSI, or as directed by Owners Representative and the pressure shall be maintained for a period of not less than two (2) hours. Pressure shall not vary more than two pounds from the above during the two hour testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7 AVVWA Standard C600-64, on the applicable formula for other than 18 foot lengths. (2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total leakage, as indicated by the test. All pipes, valves, fittings and other material found defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been corrected. D. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. E. Demonstration: 3.06 A. Demonstrate to the Irrigation Consultant and/or the Landscape Architect that the system meets coverage requirements, and that automatic controls function properly. Coverage requirements are based on operation of one circuit at a time. Upon completion of the testing, the Contractor shall complete assembly, balacne and adjust components for proper distribution, as indicated elsewhere in these specifications. ELECTRICAL Irrigation Contractor shall be responsible for the placement of the 110 volt AC service necessary for the operation of electric controller as specified on the plans, and in accordance with the manufacturer's specifications. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a different color than the 110 Volt service to controllers. The 24 Volt common ground shall be of one continual color, and of a different color than the other 24 Volt lines and the 110 Volt service. All 110 Volt AC wiring shall be installed in accordance with Federal, State, and local electric requirements. 9/26/2002 11:59 AM TR-CA-J-40 Gm Et H= M= Om or splice box to valve or splice box and from the main line to the controller location if the controller is not located next to the main line. A valve box shall be installed at all locations where the wiring leaves to main line. Provide an expansion curl within three (3) feet of each wire connection, and at each change of direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire around a 2 inch diameter pipe, then removing the pipe. All 24 Volt wire shall be installed in accordance with the latest provisions of the National Electrical Code, and all prevailing local codes. All above ground Iow voltage wiring shall be installed in UL listed plastic conduit and connectors, in accordance with prevailing local codes. Install all 24 Volt valve control wires and common wire under the irrigation main to one side of mainline trench. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. Install all 24 Volt wires in mainline trench, except for distance between controller and the mainline pipe location. All field repair splices shall be made using Scotch-Lok No. $500 or DBY connector sealing packs, or approved equivalent. Each individual wire splice requires one connector sealing pack. All in-the-field Iow voltage wire splices shall be made in a valve box as described within these specifications, or in the pedestal of the field controller. When more than one wire is placed in the same open trench, wires shall be bundled and taped together using black electrical tape., Provide an expansion coil of eight to ten feet of wire or cable at each change in direction along the wire routing where wire is directly buried in a trench. Provide an expansion coil of four to six feet of wire every 1000 feet of straight wire run. Coil diameter to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. Provide an expansion coil of eight to ten feet of wire or cable at each side of a road crossing. Coil diameters to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. All wire passing under existing or future paving, or construction, shall be encased in plastic conduit extending at least 24 inches beyond edges of paving or construction, as indicated on the irrigation plans, or elsewhere in these specifications. The 24 VAC Iow voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. TR-CA-J-41 .-- 9/26/2002 11:59 AM 3,07 A. 3.08 A. 3.09 PROVISIONAL ACCEPTANCE The Contractor shall complete all construction, and shall repair or replace all defective work before provisional observation by the Landscape Architect. On completion, and upon request of the Contractor, the Landscape Architect shall inspect all irrigation for provisional acceptance. The request shall be received from the Contractor at least two days before the anticipated provisional observation. FINAL ACCEPTANCE Final acceptance shall be done in accordance with General Requirements. Contract close-out (when applicable to this contract). B. "Record" Irrigation Drawings: Record drawings shall be delivered to the Owner, Irrigation Consultant and/or the Landscape Architect before final acceptance of work. WARRANTY A. Warranty: The Contractor shall furnish a written warranty, stating that all work included under this contract shall be warranted against all defects and malfunction of workmanship and materials for a period of one (1) year from date of completion and final acceptance of this project, unless County provides warranty to be executed.. (1)The Contractor further agrees that he will, at his own expense, repair and/or replace all such defective work and materials, and all other work damaged thereby, and which becomes defective during the term of the guarantee/warranty, in an expedient manner. (2) The Owner retains the right to make emergency repairs without relieving the Contractor's guarantee obligation.. In the event the Contractor does not respond to the Owner's request for repair work under their guarantee/warranty within a period of forty-eight (48) hours, the Owner may make such repairs as he deems necessary, at the full expense of the Contractor. (3) Any settling of backfilled trenches, which may occur during the guaranty/warranty period, shall be repaired by the Contractor at no additional expense to the Owner, including the complete restoration of all damaged planting, sod, paving or other improvement of any kind. TR-CA-J-42 9/26/2002 11:59 AM Instruction: After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system, END OF SECTION VI 16[ 2 :: TR-CA-J-43 9/26/2002 11:59 AM SECTION VII - PLANT MATERIAL AND INSTALLATION PART 1 - GENERAL 1.01 1.02 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. S.R. 45 - U.S. 41 - Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.03 1.04 WORK INCLUDED Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated On the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C:I~. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. RELATED WORK E. Section I - Traffic Control Plan / F.D.O.T. Indexes A. Section IV-Grading B. Section V- Planting Soil Preparation D. Section VI- Irrigation C. Section VIII Sodding Ao SITE INSPECTION The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 9/26/2002 11:59 AM TR-CA-J-44 1.05 A. - B. 1.06 aa 1682 QUALITY ASSURANCE Inspection 1. Furnish nursery grown plant materials inspected by State Department of Agriculture at the growing site and tagged or otherwise approved for delivery by Landscape ~rchitect. 2. Inspection at growing site does not preclude right of rejection at project site. :~ Furnish plant materials certified by State Department of Agriculture to be free from harmful insects or apparent disease. Submit verification that all plant material is free of harmful insects and disease. All plant material shall meet or exceed the minimum grade of Florida No. 1 in accordance with "Grades and Standards for Nursery Plants" latest volumes published by the State of Florida Department of Agriculture. Plant Material shall be shade or sun grown, and/or acclimatized depending on planting location in the plans. All landscape construction work shall be installed by qualified personnel or a qualified landscape construction subcontracting company that has experience in landscape construction of similar size and scope, as is indicated for this project. The Contractor shall submit for the Owner's review and approval resumes of all superintendents and foremen designated to perform the work, and a list of five (5) projects with references with which he or she was involved. Those projects must be of similar size and scope of work as this project. If the Contractor elects to use a subcontractor for this portion of the work, the subcontractor shall have been in operation for a minimum of-five (5) years, licensed to work in the State of Florida, and supply to the Owner all the above stated criteria. The Owner reserves the right to accept or reject the proposed subcontractor or its designated personnel, in whole or in part, based on the information provided above, and in accordance with the terms and conditions of the Contract Documents. SUBMITTALS Certificate of inspection of plant material by State Authorities. Test Reports: Analysis of samples from planting soil supply areas (i.e., signed original copy by testing laboratory only). If Contractor elects to divide the project area into incremental substantial completion areas, soil samples-and test reports shall be required for each increment 14 days prior to beginning each increment. Maintenance Instruction: Prior to the end of the maintenance period, furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of installed plants throughout their full growing season. TR-CA~-J-45 _ 9/26/2002 11:59AM 1682 D. Grower's Certification: Requirements for root pruning and holding B&B stock at the nursery. Plant Samples: Three plants of each shrub, groundcover, or vine 7 gallon or less, as specified for approval by the Landscape Architect, and to be used as representative size, specification, and plant type for all plant materials to be installed. Any plant material that does not conform to the plans, specifications~ or approved plant samples, shall be rejected. Plant Photographs: Contractor shall provide representative photographs of all plant material specified over 7 gallon in size, with a measuring rod included in photograph. At contractor's option, contractor may elect to coordinate with Owner's Representative and Landscape Architect one tagging trip to cover all larger plant materials at contractor's cost. Project Schedule: Provide five (5) copies of a comprehensive project schedule, indicating contractors proposed work and installation schedule. Schedule shall include breakdown for site preparation and grading, irrigation, trees/palms, shrubs, groundcovers, sod/seed, and final clean-up. Contractor shall also include project "milestones" for designated project areas within the total project area as required, including substantial completion dates. All certificates, reports, and samples shall be submitted by the Contractor to the Landscape Architect a minimum of one week prior to the installation of any of the materials. Contractor shall not begin work until all submittals have been verified by the Landscape Architect. Submittals required, but not limited to the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Existing soil analysis and sample. Prepared soil analysis and sample. Mulch sample (Eucalyptus mulch, Grade A,..shredded required). Erosion control fabric sample as required. Pre-and post-emergent herbicide. Weed eradication treatment for lawn grass. Foliage spray fertilizer(s). Sod certification(s). Plant samples and/or photographs. Drainage gravel sample, List of personnel, qualifications, and schedule. Guying methodologies. Leaf antidessicent spray. Maintenance manual. Soil Separator sample and product sheet. Sand fraction analysis. Fertilizer(s). Plant supplier certifications. 1.07 DELIVERY~ STORAGE AND HANDLING A. Inventory: Verify that plant species, _quantity, and quality of plants in Owner's nursery and/or holding area matches that on plant list and drawings. TR-CA-J-46 9/26/2002 11:59 AM B..Preparation for delivery: 1682 Prune head and/or roots of all trees only under direction of Landscape Architect, and as required to assure safe loading, shipment and handling, without damaging the natural form and health of the plant. 2. Balled and Burlapped (B&B) plants a. Dig and prepare for shipment in manner that will not damage roots, branches, shape, and future development after replanting. b. Ball with firm, natural balls of soil, per "Florida Grades and Standards for Nursery Plants". c. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1. C. Delivery Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Store in designated areas only. 2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name, and conformance to State law. Store in designated areas only. 3. Deliver plants with legible identification labels. a. Label trees, evergreens, containers of like shrubs, or groundcover plants. b. State correct plant name and size indicated on Plant List. c. Use durable waterproof labels with water-resistant inl~, which will remain legible for at least 60 days. 4. Protect all plant materials during transport/delivery with shade cloth or other acceptable means to prevent wind burn. 5. Protect all plant material during delivery to prevent damage or desiccation to root ball or desiccation of crown and leaves. 6. Mist periodically each day all tree/palms root balls and crowns/tops during delivery, handling, and storing on site to ensure against drying. 7. Notify Landscape Architect and Owner of delivery schedule in advance so plant material may be inspected upon arrival at job site. 8. Remove unacceptable plant material immediately from job site. E. Storage 1. Balled and burlapped plant stock: Deliver from nursery.TM TR-CA-J-47 9/26/2002 11:59 AM 2. Bare root plant material: Deliver direct from supplier. 3. Protect roots of all plant material from drying or other possible injury with shade-cloths, tarps, or other means. Keep plant root ball and crown moist at all times. 4. Store plants in shade and protect from weather. Heel in trees in a vertical position as required. Irrigate all stored plants as required. 5. Maintain and protect plant material not to be planted within four hours. Plant palms upon delivery. Handlinq 1. Do not drop plants. 2. Do not pick up container or balled plants by stems or trunks. 1.08 A. 1.09 A. Do not use chains or cables on any trees or palms. Handle using nylon straps, 2" width minimum. JOB CONDITIONS Planting Season: Perform actual planting only when weather and soil conditions are suitable, in accordance with locally accepted practice. Locate all underground utilities and other non-re_adily visible structures prior to digging. Landscape Contractor shall repair all damage to underground utilities, and/or construction caused by utility damage, at no cost to the Owner. Verify that all existing trees to remain are properly identified and barricaded to prevent damage under this and future construction. Landscape Contractor shall be responsible for maintaining adequate identification and barricading of all existing plant material to remain throughout the installation and required maintenance period. GUARANTEE Guarantee all shrub and groundcover, trees, and palms plant material for a period of 12 months after date of Final Completion. replacement plants under this guarantee shall be replaced within (2) two weeks of rejection, and guaranteed for (12) twelve months from date of installation. Repair damage to other plants, lawn or construction work during plant replacement at no cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads, fences, site furnishings, etc.). TR-CA-J:48 9/26/2002 11:59 AM 1.10 A. 16/]2 Coordinate work and installation as required with other contractors within the project area that may be in progress as required. El. Install trees, shrubs, and ground cover before lawns are installed. C. Notify Landscape Architect of anticipated installation date at least (2) two weeks in advance. PART 2 - PRODUCTS 2.01 PLANT MATERIAL A. Well-formed and shaped, true to type, and free from disease, insects, and defects such as knots, sun-scald, windburn, injuries, abrasion or disfigurement. B. True to botanical and common name and variety: American Joint Committee on Horticultural Nomenclature, Standardized Plant Names, latest edition. Minimum grade of Florida No.1 in accordance with "Grades and Standards for Nursery Plants" latest Volumes, published by the State of Florida Department of Agriculture. All plants not listed in "Grades and Standards for Nursery Plants", published by the Division of Plant Industry, shall conform to a minimum grade of Florida No. 1 as to: 2. 3. 4. 5. 6. Health and vitality Condition of foliage Root system Freedom from pests or mechanical damage Heavily branched and densely foliated according to the accepted normal shape Freedom of Iow and/or tight "V" shaped crotches. D. Nursery Grown: ANSI Z60.1-1969 1. Grown under climatic conditions similar to those in locality of project. Container grown stock: a, Growing in container for minimum 30 days before delivery, with sufficient root system for container size. b. Not root-bound or with root systems hardened off. 3. Use only ground cover plants well-established in removable containers, integral containers, or formed homogenous soil sections. 4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees will not be accepted unless previously done in writing from the project Landscape Architect. 9/26/2002 11:59 AM TR-CA-J-49 2.02 2.03 A. 2.04 A. 2.05 A. 1682 E. Minimum root ball sizes for all palms shall be as delineated within "Grades and Standards for Nursery Plants, Part II, Palms and Trees", latest volumes, published by the State of Florida Department of Agriculture. Materials should be installed at their specified size and heights. PLANTING SOIL A. Planting soil mixture for backfill around trees, palms, shrubs, and groundcover shall be as specified in Section V- Planting Soil Preparation. SOIL CONDITIONERS Soil conditioners shall be as specified in Section V - Planting Soil Preparation. 1. Apply foliage sprays with a wetting agent. B. It shall be the responsibility of the contractor to supply and transport water to all landscape areas during construction until the irrigation system is installed. MULCH Eucalyptus mulch, Grade A, shredded, loose, substantially free of mineral waste materials, and sterilized. Processed specifically for use as mulch around plant beds. GUYING AND STAKING MATERIAL Stakes for Palm tree support: 1. Construction grade lumber, pressure treated pine. 2. Vertical Stakes: Nominal 2" x 4" x 8' long pressure, treated pine and pointed at one end. 3. Braces for Palm Trees: Nominal 2" x 4" x 8'long pressure treated pine. 4. See detail sheets for staking requirements for palms. B. Guyin.q Wires: Annealed, galvanized iron or galvanized steel 10 gauge wire. Wire shall be flagged with white surveyor tape minimum 2 per guy wire, (one flag near ground level, and one flag near the middle of the length of wire, above turnbuckle, if used), or approved equal. C. Hose 1. Type: New %" diameter 2-ply reinforced black rubber or plastic hose. 9/26/2002 11:59 AM TR-CA-J-50 2.06 A, 2.07 A. 2. Minimum length: 6 inches. D. Turnbuckles 1. Turnbuckles are required. Landscape Contractor shall be responsible for keeping taut all guyed plant material, and for keeping flagging in place. One turnbuckle per guy wire is required. 2. Guying to be tightened as needed, but always within one day of when found necessary. SLOPE STABILIZATION Landscape contractor shall be responsible to stabilize grades by approved methods where necessary. Contractor shall stabilize all sloped areas grater than 2.5 to 1 and areas found to be required to reduce surface erosion by the Owner's Representative with erosion control fabric. Contractor shall install erosion control fabric according to the manufacturer's instructions. SOIL SEPERATOR Soil separator material or drainage cloth shall be used where specified within the plans or details. The soil separator in landscape shall consist of a sheet of structure composed entirely of preferentially oriented isotactic polypropylene continuous filaments thermally bounded mostly at the crossover points and weighing 4.0 + 0.3 oz./yd. 1. "Typar" style 3341, by Dupont or approved equal. Available through Reemay, Inc. (Phone 1-800-321-6271), and sold through Exxon, Inc. (Phone 1-800-543-9966). 2. Technical Date Weight 4.0 oz./yd. ASTM D1910-64 (1975) Thickness 15 mils ASTM D1777-64 (1975) Grab Tensile 135 lbs. ASTM D1682-64 (1975) Elongation to Bcab 62% ASTM D1682-64 (1976) Trapezoidal Tear 74 lbs. ASTM D2263-68 Puncture Strength 50 lbs. ASTM D751-73 Mullen Burst 200 psi ASTM D774-46 Abrasion resistance 42 lbs. ASTM D1175-71 Specific Gravity .95 Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size (EOS) std. Sieve D422-63 (1972) Flux 230 gal./fi/min. EURM-100 Coefficient of H O 2x10 cm/sec. EURM-100 ~ 9/26/2002 11:59 AM TR-CA-J-51 3. Soil separator installation a, Roll, size and overlap as required as indicated, and complete installation as per manufacturers standard printed specifications, inspections and recommendations. b. Contractor shall be responsible for securing top edges of soil separator by an approved method. 2.08 DRAINAGE GRAVEL A. Gravel shall be River gravel and shall be of graduated sizes. B. River gravel shall be no smaller than three quarter inch (3/4"), nor larger than one and on half (1%") in any direction. C. Gravel shall be installed as shown on drawings, or to a minimum of 4" depth. D. Gravel shall be washed clean and contain no chemical elements harmful to plant growth. E. Drainage gravel shall be provided and installed in the bottom of tree/palm planting pits where percolation may not be adequate (see Part 3.03 "Preparation" within this section). PART 3 - EXECUTION 3.0'1 INSPECTION A. Verify that final grades and drainage have been established pr!or to the beginning of the planting operation. B. Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and shrubs for improper pruning. C, Do not begin planting of trees until deficiencies are corrected, or plants replaced. 3.02 LOCATION/STAKING A. Stake out locations for plants and outline of planting beds on ground. B. Do not begin excavation until stake out of plant locations and plant beds are acceptable to the Landscape Architect. C. The location of all plant materials shall be field staked prior to installation for Landscape Architect's approval. TR-CA-J-52 9/26/2002 11:59 AM 3.03 PREPARATION A, Plant Pits 16 t2 1, Shape a. Vertical sides and fiat bottom. Tree/palm pits shall have mounded bottoms to improve drainage as detailed. b. Plant pits to be square or circular. Size a, Trees and Palms (1) Depth: Minimum 2 ft. from finish grade and increased as necessary to accommodate planting ball or drainage. (2) Width or diameter: 2 ft. greater than diameter of planting ball (unless otherwise approved by Landscape Architect for special planting areas). b, For Shrubs and Groundcovers (1) Depth: (a) 2 and 3-gallon plant material shall receive a minimum of 2" of planting soil mixture beneath the root ball. (b) Plant materials sized 1 gallon or less, and/or materials planted 24" O.C. or less shall receive a full 8" of amended planting soil mix tilled to a minimum depth of 12". Note: All annual beds shall receive a full 8" of amended planting soil mix. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative. (c) For plants not requiring soil mix, the entire bed shall be tilled by mechanical means to a depth of 12". (2) Width or Diameter (a) All 2 or 3-gallon material shall be placed within a minimum- 18"dia. planting hole, and backfilled with the specified planting soil mix. (b) All plant material sized 1 gallon or less, or material planted 24" O.C. or less shall receive complete bed amending,. That is excavation of existing soil to a minimum of 8 inches (Note: 8" for all annual beds) below finished soil elevation, backfilling with specified planting soil mix, and then tilling with all required amendments to a depth of not less than 12 inches. All areas to be amended in such a manner shall be highlighted on contractor's record drawings. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative (3) Bring all beds and pits to smooth, even surface conforming to established grades after full settlement has occurred. NOTE: Amending of, and quantities of planting soil mixes as outlined above contingent with existing soil conditions. TR-CA-J-53 :: -- 9/26/2002 11:59 AM 3.04 B. Disposal of Excess Soil: 1. Use acceptable excess excavated topsoil to form watering berms around the plants. 2. Dispose of additional excess soil at direction of Owner's Representative. 3. Dispose of unacceptable or unused excess soil in designated staging area as directed by the Owner's Representative. 4. All spoilage shall be deposited, spread and fine graded to a maximum 2" layer as directed by the Owner's Representative. C. Plantin~ Beds: 1. For planting beds backfill with 8" of specified and amended planting soil mixture to meet required finished grade. 2. Bring all beds to smooth, even surface conforming to established grades after full settlement has occurred. Test fill all tree pits with water before planting to assure that proper drainage and percolation is available. Pits which are not adequately draining shall be excavated to a depth sufficient for additional drainage and backfilling with gravel., No allowances will be made for lost plants due to improper drainage. Landscape Contractor shall replace with same species size and specification at no cost to Owner. PLANTING A. General s Center plant in pit. Face for best effect, or as directed by Landscape Architect. Set plant plumb and hold rigidly in position until soil has been tamped firmly around planting ball. Use only planting soil backfill as specified in Section V. Place sufficient planting soil under plant to bring top of planting ball to finish grade (top of tree/palm root balls shall not be set below finished grade). Backfill pit or trench with planting soil in 9 inch layers. Water each layer thoroughly to settle soil and work soil completely around roots and planting ball. After soil settles, fill pit with planting soil and water. Leave pit surface even with finish grade. Plant all shrubs and ground covers per specifications and details and maintain a 36" offset from back of curb, walks, and/or paving. Topsoil berm: a. Construct a topsoil berm 6 inches 'above finish grade, forming a watering saucer with a level bottom around each palm or tree. b, Size: 2 feet greater diameter than the diameter of root ball. Maintain 4 foot diameter mulch circle or to the outside of the water saucer around all trees in sod areas. 9/26/2002 11:59 AM TR-CA-J-54 3.05 c. Leave saucer for 3 months, or as directed by Owner's Representative. At the end of 90 day warranty maintenance period, re-grade area and re- mulch planting circle (or planting bed) for all plantings. Remove excess from basin and clean area. Replace any damaged plant material or sod at no cost to Owner. 16~2 Balled plants (B&B) Place in pit on planting soil backfill material/drainage gravel that has been hand- tamped prior to placing plant. Place with burlap intact, so location of ground line at top of ball is same as at nursery where grown. Remove binding at top ~ of planting ball and lay top of burlap back 6 inches. For wire balled trees, remove wire from the top 1/3 of the ball (12" minimum) after the tree has been stabilized by partially backfilling the planting pit. Do not pull wrapping from under the planting ball. Do not plant if planting ball is cracked, broken, or showing evidence of voids before or during planting process. Replace with plant of same species, size, and specification at no cost to Owner. C. Container-grown plants 3. 4. 5. 6. Container removal a. Do not injure planting ball. b. Do not cut cans with spade or ax. c. Do not cut sides on knockout cans. d. e Dig and prepare planting beds according to drawings and as specified herein. Hand place plants which are in containers less than one gallon in size. Hand backfill and hand tamp, leaving slight depression around bases of plants. Do not cover top of root ball set plants % inch above adjacent finished grade. Thoroughly each plant for settlement and replace required planting soil. Carefully remove plants without injury or damage to planting ball. '- After removing plant, superficially cut edge roots with knife on three sides. Note: Root-bound plants shall not be accepted. FERTILIZER APPLICATIONS Apply granular fertilizer at time of planting and repeat three months from first application. Schedule time of fertilization with Owner or Landscape Architect to verify compliance of fertilization of plant materials. Apply granular fertilizer at following rates to planting bed and saucer areas around each tree, palm and shrub. Trees: a. Caliper 4 inch and larger: 1 equals 4 lbs. of fertilizer). TR-CA-J-55 pounds per inch of caliper (i.e. 4"~aliper 9/26/2002 11:59 AM 3.06 3,07 2 lbs. of fertilizer. Shrubs: 7 gallon or greater 1 lb. per 3' ht. of plant 5 gallon to 3 gallon % lb per plant 1 gallon or less ¼ lb. per plant Ground Cover Plants: 1 gallon or less ¼ lb. per plant Palms: 1 pound per inch of caliper. Caliper 4 inch and less: 1 pounds per inch of caliper (i.e. 2" caliper equals 16B2 C. Broadcast under foliage canopy and incorporate into soil. Water immediately until root structure of plant is wet. Assure protection from fertilizer burn. Em Apply foliage nutrient spray to all Palm species at time of planting and repeat three (3) months from first application. Do not apply foliage sprays in summer months (i.e. June through August). Schedule fertilization with Landscape Architect. Drench palm leaves with foliage nutrient spray at the manufacturer's recommended rate to all palm species. Trees, Palms, Shrubs and Ground Covers shall also be fertilized with 21 gram Agriform tables per manufacturer's application rates. WEED AND INSECT CONTROL Seven days prior to planting apply post-emergent herbicide, "Roundup" or equal as manufactured by Monsanto Corp. or approved equal, per manufacturer's rate and method of application to all landscape bed areas as necessary. Provide viable application of pre-emergent herbicide "Surflan" in accbrdance with manufacturers recommendations before mulching, and again as necessary throughout required maintenance period to prevent weed seed germination. Contractor shall schedule application with Owner or Owner's Representative to verify compliance with specifications. The Landscape Contractor shall verify that the herbicide and application technique will not damage plant material prior to application, and shall replace, and/or repair damage to any plant injured by herbicide application at no cost to the Owner. Provide written certification that all plant materials including palms have been specifically treated for insect control, MULCHING Top mulch planting pits, trenches, and areas within two days after planting. Cover watering basin or bed material. evenly with 4 inches uncompacted depth of mulch TR-CA-J-56 9/26/2002 11:59 AM Water thoroughly immediately after mulching. Match mulch elevation at plant bed/sod line. 1682 Hose down planting area with fine spray to wash leaves of plants twice a week, or as required. F. Exclude mulch from annual beds. 3.08 GUYING AND STAKING OF TREES Guy trees as shown on the drawings, except where they are planted in special locations where guying is not feasible. Stake installation a. Install stakes perpendicularly, 2 feet into ground at edge of root ball. Do not install stake through soil separator or drainage gravel if present. Do not install stakes through root ball. Install stakes or guying within the tree or palm mulch area. b. Number of stakes as shown. Stake palm trees as shown. Contractor shall not deepen the burial of any palms for stabilization in lieu of staking. The clear trunk height shall be required as specified on plans after installation. The Contractor shall be responsible for and guarantee the installation against toppling, and be responsible for any and all damage incurred by toppling over of palms. Contractor shall leave all guying and staking in place and maintain in good repair. Ensure no guys or stakes occur in grassed areas. 3.09 PRUNING Prune minimum necessary to remove injured twigs and branches, deadwood, and suckers. Pruning shall be done with regard to natural form of plant material, or as directed by the Landscape Architect. Prune trees and shrubs prior to delivery to site only under direction of Landscape Architect. (Note: Pruning is required for collected palms and trees per "Grades and Standards for Nursery Plants Part II, Palms and Trees, latest volumes. B. Pruning cuts shall be monitored to ensure proper healing and to prevent insect/disease infestation. C. Landscape Contractor shall perform all specialized shearing and/or pruning as directed by the Landscape Architect, as shown on the drawings, at no additional cost to the Owner. :: TR-CA-J-57 _ 9/26/2002 11:59 AM 3.10 MAINTENANCE Co Begin daily maintenance immediately after each item is planted. Continue until the final completion and/or a 90 day extended maintenance period of each designated portion of the project as defined in the General Terms and Conditions of the contract. The Owner's responsibility for landscape maintenance shall commence on the date each designated portion of the project is turned over to the Owner by acceptance. Maintain a healthy growing condition by pruning, watering, cultivating, weeding, mowing, mulching, tightening and repairing of guys, resetting plants to proper grades or upright position, restoration of plant saucer, and furnishing and applying such sprays as necessary to keep planting free of insects and diseases. The root system of plants shall be watered by the Contractor as often as conditions require at such intervals as will keep the surrounding soil in best condition for promotion of root growth and plant life. Supplemental hand watering, above the irrigation system watering, is the responsibility of the Contractor until all plant materials are well established. Keep planting saucers and beds free of weeds, grass, and other undesired vegetation growth. All areas must be 98% weed free upon final acceptance by Owner. 9/26/2002 Protect planting areas and plants against trespassing and damage of any kind for the duration of the maintenance period. Inspect plants at least once a week and perform maintenance promptly. Replace impaired or dead plants promptly. Do not wait until near the end of the guarantee period to make replacements of plants which have become unacceptable. ~ Remove soil ridges from around watering basins as directed by the Landscape Architect/Owner's Representative. Water when soil moisture is below optimum level for best plant growth. Coordinate and adjust timing of irrigation system with irrigation contractor as plant materials establish. Contractor shall note that the irrigation system is not designed to accommodate establishment of trees and palms. It is the Contractor's responsibility to provide additional water as may be required above what is supplied by the irrigation system until all trees and palms are well established. Contractor shall be responsible to protect all cold sensitive approved plant materials stored or planted on-site by approved methods from cold or freeze damage as may be required. Contractor shall use approved horticultural practices typical for the South Florida area, and shall submit intended methods, schedules and plans of protection with required submittals for review and approval. In the event the Owner or Landscape Architect verifies that the materials protected by the Contractor are damaged during a cold period or freeze, the damaged materials shall be replaced (or not) by the:Owner, or at additional cost to the Owner. The Contractor shall use reasonable measures to protect all cold sensitive plant materials. 11:59 AM TR-CA-J-58 3.11 3.12 CLEANING 16 2 Fill all pits/depressions in holding area, and rough grade to meet surrounding elevations. Remove any organic or other debris resulting from the plant relocation process. B. Sweep and wash all paved surfaces. C. Remove planting debris from project site and holding area. D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area. SUBSTANTIAL COMLETION, OBSERVATION AND ACCEPTANCF Observation of the entire project, or designated portions thereof, shall be made upon written request of the Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. Contractor's written request for review of the complete work shall be received by the Landscape Architect at least five (5) days before anticipated date of observation. Plants that have died or are in unhealthy or badly impaired condition on observation shall be treated or replaced immediately at no additional cost to Owner. Eo Replace rejected plants within two (2) weeks of observation or as indicated in the project time line schedule. Final completion acceptance of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall be in according to the conditions of the contract. Substantial completion will be given by the Landscape Architect and the Owner's Representative, provided the Contractor has supplied the Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.06 of this section. A complete maintenance manual shall contain information in sections of the following: Weed Control a. Shrub areas b. Turf Pest/Insect Control a. Trees b. Palm c. Shrubs d. Turf TR-CA-J-59 9/26/2002 11:59 AM Fertilization a. Schedules b. Trees c. Palms d. Shrubs e. Products/amounts or application rates f. Soil Testing g. Turf Mulching Requirements Trees, palms, and Shrubs a. Pruning/Trimming b. Watering Requirements c. Soil Testing d. Specifics for each type specified END OF SECTION VII TR-CA-J-60 9/26/2002 11:59 AM SECTION VIII - SODDING PART 1 - GENERAL 1.01 RELATED DOCUMENTS 1682 A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. S.R. 45 - U.S. 41 - Tamiami Trail North Streetscape Beautification Project Planting and Irrigation Plans. F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED Provide all labor, materials, necessary equipment and services to complete the sodding work, as indicated on the drawings, as specified herein, or both, including the replacement_of any sod damaged from and adjacent to construction work, with sod of identical genus, species, and variety. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project. Submit plans to the roadway agencies having jurisdiction for approval, prior to beginning work, using the latest MUTCD, F.D.O.T. Roadway and Traffic Design Standards, and the F.D.O.T. Florida Pedestrian Safety Plan. 1.03 RELATED WORK A. Section I - Traffic Control Plan / F.D.O.T. Indexes B. Section IV- Grading C. Section V- Planting Soil Preparation D. Section VI- Irrigation E. Section VII-Plant Material and Installation 1.04 QUALITY ASSURANCE A. Standards Florida Turf Producers Association, all sod shall be Florida Standard Grade. Federal Specifications (FS) O-F-241c (1), Fertilizers, Mixes, Commercial. B. Testin_cl Agency: Independent Testing Laboratory. TR-CA-J-61 - 9/26/2002 ll:59AM 1.05 1.06 Ca Requirements of Regulatory Aqencies: Conform to the requirements t Department of Agriculture. SUBMITTALS A. Certificates and Guarantee Growers Certification and Guarantee a. All sod shall be Florida Standard Grade sod as defined by the "Florida Turf Producers Association" which is true to botanical variety and 98% free of weeds and foreign grasses. b. Florida Standard Grade may have no visible broadleaf weeds when viewed from a standing position, and the turf shall be visibly consistent with no obvious patches of foreign grasses. In no case may the total amount of foreign grasses or weeds exceed 2% of the total canopy. The sod shall be neatly mowed and be mature enough that when grasped at one end, it can be picked up and handled without damage. c. Grass species and variety, with date and location of field from which sod is cut. d. One certificate per truckload is required. e. Compliance with state and federal quarantine restrictions, if applicable. Manufacturer's certification of fertilizer and herbicide composition. Contractor shall submit all certifications, reports, etc., to the Landscape Architect a minimum of one week prior to installation. Maintenance Instruction: Prior to the end of the maintenance period; furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of all sodding throughout the full growing season. DELIVERY~ STORAGE AND HANDLING A. Deliver sod on pallets. B. Protect root system from exposure to wind or sun., Protect sod against dehydration, contamination, and heating during transportation and delivery. D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade, or covered with moistened burlap. F. Do not pile sod more than 2 feet deep. G. Do not tear, stretch, or drop sod. TR-CA-J-62 9/26/2002 11:59 AM ~.07 .08 JOB CONDITIONS Begin installation of sod after preceding related work is accepted. Environmental Requirements: 1. m Install sod during months acceptable to the Landscape Architect or Owner's Representative. Do not install sod on saturated soil. Protection: Erect signs and barriers against vehicular traffic. GUARANTEE Guarantee sod for period of twelve (12) months after date of Final Completion. Replacement sod under this guarantee shall be guaranteed for twelve (12) months from the date of installation. Repair damage to other plants during sod replacement at no cost to the Owner. PART 2 - PRODUCTS 2.01 SOD A. Grass Species 1. Stenotaphrum secundatum "Floratam", St. Augustine "Floratam" Grass - 50% sand grown. 2. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved. Field grown sod is not acceptable. 3. Florida Turf Producers Association' Florida Standard Grade 4. Bahia Sod, Paspalum notatum may be used in temporary, non-irrigated construction areas and along rights-of-way grass strips. B. All St. Augustine sod shall conform to the following requirements: = Furnish in pads that are not stretched, broken, or torn. Size: Sod pads shall be 18x24 inches in size (plus or minus 5%) with a 1% inch thickness (excluding top growth and thatch). Sod shall be uniformly 2" in height. Thatch: Maximum % inch uncompressed. Inspected and found free of diseases, nematodes, pests, fire ants, and pest larvae by entomologist of State Department of Agriculture. 9/26/2002 11:59 AM TR-CA-J-63 2.02 2.03 2.04 2.05 7. WATER A. Potable water free staining agents. FERTILIZER A. B. 16B2 Weeds: Free of horse grass, nut grass, or other objectionable weeds or weed seeds. Uniform in color, leaf texture, and density. of substances harmful to plant growth, objectionable odor, or FS O-F-241c (1), Grade A or B. The Chemical designation for granular fertilizer shall be 15-5-15, with at least 50 percent (50%) of the nitrogen from a non-water soluble organic source for all plantings. Apply and distribute by methods and rates as recommended by manufacturer. HERBICIDES A. As recommended by the State Department of Agriculture. STAKES A. Softwood, % inch diameter, 8 inch length as required. PART 3 - EXECUTION 3.01 INSPECTION A. Disk, till, and/or scarify existing soil to depth of four inches (4") sodded, to produce a loose, friable soil conducive to exceptional sod growth. B. Water dry soil to depth of 6 inches, 48 hours before sodding. 3.02 INSTALLATION A. Transplant sod within 48 hours after harvesting. B. Repair all existing lawn areas disturbed by installation of irrigation and/or which will not be sodded with new sod. C. Begin sodding at bottom of slopes. D. Lay first row of sod in straight line with long dimension of pads contours. TR-CA-J-64 in all areas to be plantings parallel to slope 9/26/2002 11:59 AM G. H. I. J. Em Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to patch and/or top dress to eliminate gaps. Top dress all joints with sand only where gaps occur and can not be set with tight butt joints. Stagger end joints in adjacent rows. Do not stretch or overlap rows. 16B2 Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard. Water sod immediately after transplanting. (See 3.03) Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of roller width. Schedule rolling of sod to ensure observation by Owner and/or Landscape Architect. Water sod and soil to depth of 6 inches within four hours after rolling. - 3.03 Gm TURF ESTABLISHMENT Waterinq Keep sod moist during first week after planting watering twice daily. After first week, supplement rainfall to produce a total of 2 inches per week. It is the contractors responsibility to water all turf areas. Mowin.q Maintain St. Augustine grass as required until final acceptance between 3 inches and 3.5 inches in height. When grass reaches 4 inches in height, mow to 3 inches in height. Do not cut off more than 50% of grass leaf in single mowing. Mow with mulching type mowers. Resod spots larger than 1/2 square foot not having uniform stand of grass. Weed Eradication: If required between second and third mowing, apply herbicide specifically Recommended for grass type uniformly at manufacturer's recommended rate. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate 14 days after sodding and at three-month intervals thereafter. Thoroughly water in to avoid "burning" or damaging grass. TR-CA-J-65 - 9/26/2002 11:59AM 3.04 3.05 F= 16B2 The contractor shall maintain the sod areas for 90 days after installation, and prior to final completion, insuring the watering for lawn establishment and the mowing procedures as noted above are maintained during this period. Establishment period and maintenance of sod areas shall extend until final acceptance by the Owner according to the conditions of the Contract. CLEANING A. Immediately clean spills from paved and finished surface areas. B. Remove debris and excess materials from project site. C. Dispose of protective barricades and warning signs at termination of turf establishment. SUBSTANTIAL COMPLETION~ INSPECTION AND ACCEPTANCE Inspection of the entire project, or designated portion thereof, shall be made upon written request of Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. Contractor's written request for review of the complete work shall be received by Landscape Architect at least five (5) days before anticipated date of inspection. Sod that has died, or is in unhealthy or badly impaired condition on inspection, shall be treated or replaced within 14 days at no additional cost to Owner. D. Replace or repair rejected sod within two weeks of inspection. Final completion of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall terminate on date the entire project, or designated portion thereof, is declared to be substantially complete by the Landscape Architect according to the conditions of the Contract; provided Contractor has supplied Landscape Architect with three (3) copies of written maintenanceinstructions as required under Paragraph 1.05 of this section. END OF SECTION VIII TR-CA-J-66 9/26/2002 11:59 AM SECTION IX MAINTENANCE DURING CONSTRUCTION AND 90 DAY ESTABLISHMENT PERIOD PART 1682- These specifications are intended to provide the information by which the contractor may understand the minimum requirements of Collier County relative furnishing and delivering Grounds Maintenance for the road rights-of-way and medians within the project areas. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, latest edition, Index 600 Series. C. S.R. 45 - U.S. 41 Tamiami Trail North Streetscape Beautification Project, Planting and Irrigation Plans. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the 1999 F.D.O.T. "Standard Specifications for Road and Bridge Construction". The contractor shall maintain two lane operation after working hours. All hazards will be removed as per applicable F.D.O.T. Indexes No. 600 - 660 before daily operations are complete. C. On-site work hours will be restricted between the hours of 9:30 a.m. and 3:30 p.m. weekdays. D. This plan is a guide for the contractor. Coordination with the Naples F.D.O.T. District Maintenance Engineer is required. Emergency and unforeseen conditions may require the District Engineer to restrict or remove land closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. 1.02 RELATED DOCUMENTS A. Construction Contract Milestone Schedule B. 90 Day Maintenance Schedule C, Section I- Traffic Control Plan / F.D.O.T. Indexes D. Section VI- Irrigation E. Section VII-Plant Material and Installation F. Section VIII- Sodding 9/26/2002 11:59 AM TR-CA-J-67 2.0 2.01 3.0 3.01 3.02. SCOPE OF WORK 16B2 The work covered by this Contract requires a weekly servicing of the Work Areas per all specifications and services as described in the specifications. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform grounds maintenance, as determined by the Contract Documents, Project Manager or the designated Owner's Representative as follows: LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below. The rights-of-way and median work areas of S.R. 45, U.S. 41 - Tamiami Trail North (from Gulf Park Drive to Vanderbilt Beach Road). CONTRACT STANDARDS The following are general contract standards required by Collier County for providing Grounds Maintenance during construction and the 90 day warranty period. TRAFFIC CONTROL At all times while performing work required by this Contract, the Contractor shall provide and erect Traffic Control Devices and use procedures conforming with the "F.D.O.T. Roadway and Traffic Design Standards" 1998 Edition, Indexes No. 600 - 660 or to other applicable Manuals or Indexes. The Contractor will be responsible for obtaining a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility; approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. An arrow board will be required under this Contract that meets F.D.O.T. traffic control requirements. Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Contract Manager or his designee. (Hereinafter whenever the "Project Manager" is referenced in this bid document, it shall include by reference "or his designee".). CONTRACTOR'S EMPLOYEES Employees of the Contractor shall be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees and Collier County requires the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. TR-CA-J-68 9/26/2002 11:59 AM 3.03 3.04 3.05 3.06 3.07 3.08 ACCIDENTS OR THEFTS The Contractor shall be responsible each week to contact the Project Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should assistance of law enforcement, emergency personnel or others be requested, any costs incurred shall be included in the Contract unless otherwise approved by the Contract Manager. RESPONSE TIMES On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Contract Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. CONTRACTOR'S MEETING ATTENDANCE During the Contract Period, the Project Manager if applicable, may have questions concerning maintenance issues. The Contractor shall be required to attend monthly meetings and other special meetings that the Project Manager should require. There shall be no additional charge for attendance at these meetings. GENERAL MAINTENANCE REPORT SHEET~ The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis and submit same on a monthly basis to the Project Manager or the Owner's appointed representative. The Contractor will also required to conduct on-site observations with the Project Manager or Owner's Representative on a monthly basis to verify satisfactory completion of Contract requirements. The original forms for the report sheets will be provided to the Contractor for his reproduction purposes. VENDOR PERFORMANCE EVALUATION Collier County has implemented a vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance at the midpoint and upon completion/termination of agreement. NON-PERFORMANCE In the event that the Contractor fails to perform any required services within the time schedules set forth under this Contract, the County reserves the right to obtain substitute performance. Further the County reserves the right to deduct the cost of such performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager in writing, prior to any delays or as a result of an Act of Nature. 9/26/2002 11:59 AM TR-CA-J-69 3.09 The Project Manager reserves the right to deduct portions of the invoiced amount for items not completed within the expressed time frame, even if the County did not obtain substitute performance. These funds would be forfeited by the Contractor. Further, the County reserves the right to deduct the cost of such performance from the Contractor's pay request. The County may also deduct or charge the Contractor for services or items necessary to correct the deficiencies directly related to the Contractor's non-performance. CONTRACT TERMINATION The Contractor agrees that the County/Project Manager shall be the sole judge of non- performance. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the Contract and Specifications or for any of the following points, the County may terminate this Contract immediately: 1 .Inability for any reason, of the Contractor to perform requested service requirements. 2.Work that is not performed on a level consistent with the industry standards. 3.Services not rendered within a reasonable time after notification by the Project Manager. 4.Non-compliance with any portion of this Contract. 5.Immediately for cause. 4.0 BASIC MAINTENANCE FUNCTIONS A. MOWING AND EDGING Mowing and edging shall only include the medians that contain turf or any immediate turf areas surrounding or within a work area that is tied up for more than seven (7) days, along the rights- of-way involved in the contracted work. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 %"). The frequency of cutting will be weekly. The number of mowings may be modified by the Contract Manager or by seasonal weather conditions at the Contract Manager's discretion. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self- propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. TR-CA-J-70 9/26/2002 11:59 AM 1682 All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. IRRIGATION SYSTEMS The sprinkler systems shall be checked and repaired as necessary. Quick coupling valves shall be reviewed weekly and operated to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, and valves to insure proper coverage, review of filters and backflow preventers, replacement of heads and nozzles, installation or replacement of risers, repair of minor breaks or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controllers and rain shutoff switches for settings and operation. Labor costs for these services shall be included in the Contract Proposal. Faulty or non-accident related materials or parts required for repairs shall be under warranty and at no additional charge. Major accident damage repairs to the sprinkler system including repair of valves, mainlines, time-clocks, damage by vehicles or electrical wiring problems not caused by the Contractor or their sub-Contractors will be considered as additional expenses to the Contract. These additional expenses shall be charged as a time and material billing. All additional expenses must be approved by the Contract Manager prior to proceeding with the work. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES Should the temperature be forecast to be below thirty-four (34) degrees, the Contractor shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Contractor's responsibility to notify the Contract Manager of any irrigation problems or additional irrigation maintenance needs. o The Contractor shall maintain on-site, where required, the County supplied reclaimed water irrigation signage. Cost to install replacement signs shall be considered additional services and be billed on a time and material basis. ° Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon by the Contractor and the Contract Manager prior to performing additional services. The irrigation service personnel shall have on-site two-way hand-held communications during all services and/or inspections. C. WEEDING Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and paving joints and other ~mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. TR-CA-J-71 9/26/2002 11:59 AM D. GENERAL SITE PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes E. TRASH REMOVAL With each service, all site work areas shall be cleaned by removing all trash or debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-up shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Proposal Price. F. STREET CLEANING Street Cleaning A four foot (4') wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned with each site service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Co'ntractor's employees or a Subcontractor as determined by the Contract Manager, they shall be replaced at the Contractor's expense under the warranty. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. It shall be the Contractor's responsibility to notify the Contract Manager of any maintenance problems or additional maintenance needs. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Contract Manager prior to performing additional services. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Contract Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. The Contractor shall have radio, cellular phone and/or beeper equipment for on-site and off- site communication in order to communicate with the Contract Manager. TR-CA-J-72 9/26/2002 11:59 AM H. CREW SIZE/MAN-HOURS 16J~2 Contractor shall provide with each site viSit a minimum crew size of four (4) personnel with each weekly service of the work areas. SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes. B. FERTILIZATION The following fertilization schedule is provided as a yearly guideline for the fertilization of the plant materials. The Contractor is responsible for providing fertilization of the newly installed plant materials during the 90 day maintenance period to encourage and promote growth. The Contract Manager reserves the right to change the fertilization schedule and formulation as needed to meet special turf or plant needs or other unforeseen conditions which may develop. Prior to fertilization application, notification to the Contract Manager is required to allow for inspection of all bags. Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve inch (12") radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a thirty- six inch (36") radius ring around the base. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcover shall receive one-half (%) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. St. August ne "Floratam" Grass Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the recommended rates seven (7) times per year as set forth in the following schedule. Months Formulation Application Rates December 21-0-0 4.5 lbs./1,000 sq. ft. February 15-5-15 (SR) 6.5 lbs. / 1,000 sq. ft. -April 0-0 22 So-Po-Mag 10.0 lbs. / 1,000 sq. ft. May 9/26/2002 11:59 AM 15-5-]5 (sR) 6.5 lbs. / 1,000 sq. ft. TR-CA-J-73 July September October 13-3-13 (SR) 0-0 22 So-Po-Mag 15-5-15 (SR) Shrubs, Groundcovers, Palms and Trees 7.0 lbs.- 1,000 sq. ft. 10.0 lbs. / 1,000 sq. ft. 6.5 lbs. / 1,000 sq. ft. 16B Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and poured into the tree grate slot openings. Months Formulation October 9-11-11 February 9-11-11 April 0-0 22 So-Po-Mag May 9-11-11 July 9-11-11 September 0-0 22 So-Po-Mag Application Rates 12.5 lbs./1,000 sq. ft. 12.5 lbs. / 1,000 sq. ft. 10.0 lbs./1,000 sq. ft. 12.5 lbs. / 1,000 sq. ft. 12.5 lbs. - 1,000 sq. ft. 10.0 lbs. / 1,000 sq. ft. Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon should be applied during the months of March, June September and December. The application is to be a drench, at the root zone of any plants subject to iron deficiencies as determined by the Contract Manager. Applications of 20-20-20 at ten (10) pounds of materials per one hundred (100) gallons of water with Ferrmec AC 13-0-0 plus 6% iron at 1/3 gallon of material per one hundred (100) gallons of water. C. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas is included in the Contract. 1. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Contract Manager: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Owner. c. Current Contractor's Occupational License for Pest Control Service. TR-CA-J-74 9/26/2002 11:59 AM The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: a. Describe procedures, methodsand techniques that will enhance the environmet. 6~ 2 b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. The Pest Control Firm shall make on-site inspections and provide written reports to the Contract Manager once per month. 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. Chinch bug treatments shall be applied at a minimum rate of ten (10) gallons of spray mix per 1000 square feet of treatment area. a. Insecticides should be alternated from organophosphates to pryrethroids like to prevent an insect immunity to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Herbicides shall not be applied when the temperature exceeds eighty-five (85) degrees. d. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. e. Spray applications shall be applied during times of"No-Wind" conditions. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3000) pounds will be allowed within or on the median areas. g. At time of application, provide and place, traffic control meeting Florida Department of Transportation, M.U.T.C.D and Indexes. h. All spray application shall contain a wetting agent within the mix when recommended by the label or Contract Manager. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacture's labels. TR-CA-J-75 9/26/2002 11:59 AM 6. Materials List: t6P~ All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Manager for review and approval. 7. 'Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. a. Turf Areas: Insecticides & Fungicides - Applications on an as needed basis. Herbicides - Applications, to include Pre-emergent in February and September, Post- emergent in November, January and March or on an as needed basis b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides - Applications on an as needed basis. c. Bed Areas: Herbicides - Applications, Pre-emergent in February and September, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: When it becomes necessary for the Contractor to return for additional spraying as directed by the Contract Manager due to non-performance of a required application, such additional spraying shall be performed at no cost to the Owner. D. MULCHING Organic Mulch Mulch shall be maintained to the plan specified coverage and depths. Non-Organic Mulch Mulch shall be maintained to the plan specific coverage and depth. F. IRRIGATION SYSTEMS This site may have both subsurface irrigation and conventional pop-up sprinkler systems. 9/26/2002 11:59 AM TR-CA-J-76 Subsurface Irriqation System 16B2 A visual inspection of the subsurface irrigation system shall be done weekly to determine if there are cuts, leaks or other line damages or problems. All non-accident related cuts, leaks or other line damages found during weekly servicing of the work area shall be repaired immediately and at no extra cost to the Owner. All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Manager for review and approval. 3. No excavation or mechanical edging shall be done within these areas without prior notification to the Contract Manager. 4. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 5. Check the controllers and rain sensing devices for proper operation and settings. Conventional Pop-up Sprinkler Systems Weekly Service Requirements: 1. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair of blown-off heads, broken lines or leaks around heads or valves. 3. Check the controllers and rain sensing devices for proper operation and settings. 4. The Contractor shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. The Contractor shall review the plants within irrigated Work Area, for dry conditions and if found, correct the problem immediately and advise the Contract Manager. Monthly Service Requirements: Manually run the system, clean and adjust sprinkler heads/nozzles and emitter lines as necessary to ensure for proper coverage and that no sprinklers heads/nozzles are spraying directly into the roadway. General Service Requirements: Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all controllers set to the mandated ho~s of operation set by the District. TR-CA-J-77 _ 9/26/2002 11:59 AM 2. Replace defective piping, emitter piping, heads, nozzles and risers, and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Contractor. 4. Inspect, 'clean and replace, if necessary, screens/filters within the sprinkler heads. 5. Use only County approved replacement parts, and use only matched precipitation head replacements. Replacement sprinkler heads shall be supplied by Collier County. Keep grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100%) accessible. 7. One hundred percent (100%) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. 8. Notification to the Contract Manager is required when acts of vandalism or accidents have occurred to the irrigation system, G. DECORATIVE PAVERS AND PAVING All decorative paving areas shall be reviewed with each weekly service to determine if damage or problems exist. Upon finding damage or problems to the paving, an immediate notification to the Contract Manager, or-his authorized representative is required. Upon finding damaged areas, the Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for repair or replacement of the damaged brick curbing or paving areas. Repairs to the paving not related to the Contractor or their sub-Contractor's will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing with the bricks being provided to the County. All additional expenses must be pre-approved by the Contract Manager. END OF MAINTENANCE DURING CONSTRUCTION AND 90-DAY ESTABLISHMENT PERIOD SECTION TR-CA-J-78 9/26/2002 11:59 AM 9/26/2002 ll:59AM EXHIBIT K PERMITS TR-CA-K-1 1682 EXHIBIT L PLANS AND SPECIFICATIONS PREPARED BY McGee & Associates AND IDENTIFIED AS FOLLOWS: U.S. 41 Tamimi Trail North Phase II Streetscape Beautification Project, AS SHOWN ON PLAN SHEETS C-1, P1-P7, 11-17. 16B2 ;,TM TR-CA-L-1 Revised: March 21, 2002 9/26/2002 11:59 AM 16C1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16C2 RESOLUTION NO. 2003- 8 8 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE CONTINUED $30 MILLION IN STATE FUNDING ANNUALLY FOR BEACH MANAGEMENT AND THE PRESERVATION OF THE ECOSYSTEM MANAGEMENT AND RESTORATION TRUST FUND INTEGRITY. and WHEREAS, Florida's number one tourist attraction is its beaches, and WHEREAS, beach-related tourism has a $41.6 billion impact on the state's economy, WHEREAS, beaches contribute over $1 billion in tourist-related sales tax revenues annually, and WHEREAS, 442,000 jobs are created by beach-related tourism, with an $8 billion payroll resulting from additional spending related to Florida's beaches, and WHEREAS, over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Department of Environmental Protection as critically-eroded, and WHEREAS, the Florida Legislature, pursuant to Chapter 161, Florida Statutes, has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be a necessary responsibility to preserve Florida's beaches and make provision for beach nourishment projects, and WHEREAS, the Florida Legislature, in 1998, pursuant to § 161.091, and § 201.15 (11), Florida Statutes, provided that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax revenues shall be the source of that funding, and WHEREAS, this $30 million allocation has enabled Florida to develop a consistent, adequately-funded, priority-driven, long range management program to address critical erosion, and WHEREAS, this program represents a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County, Florida strongly urges the Florida Legislature to fully fund the Department of Environmental 16C2 Protection's beach erosion control project priority list for FY03-04 for $30 million as provided for in Chapters 161 and 201, Florida Statutes, and BE IT FURTHER RESOLVED that THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, respectively requests that the Florida Legislature oppose any legislative efforts to amend existing law which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair. This Resolution adopted this o~~-''' day of February, 2003 after motion, second and majority vote favoring same. ,~W~QHT E. BR~ Clerk BOARD OF COUNTY COMMISSIONERS COLLIE~T~z~ORIDA By: Tom Henning, Chairman I1~ Approved as to form and 'eg~iC;C Y:J /' ~..~.._~ Heidi Ashton Assistant County Attorney 16C3 MEMORANDUM Date: February 27, 2003 To: Denise Kirk, Recycle Coordinator Solid Waste From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: DEP Agreement No. HW465, Amendment No. 2 between the Florida Department of Environmental Protection and Collier County Board Of County Commissioners Enclosed please find one (1) original document as referenced above (Agenda Item #16C3), approved by the Board of County Commissioners on Tuesday, February 25, 2003. The duplicate original agreement is being retained for the record. If you should have any questions, please 774-8406. Thank you. Enclosure (1) DEP AGREEMENT NO. HW465 AMENDMENT NO. 2 16 3 THIS AGREEMENT as entered into on the 31st day of July, 2001, and amended on the 30m day of July, 2002 between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended as follows: Paragraph 2, is hereby revised to change the Agreement completion date from December 31, 2002 to June 30, 2003 and to change the final invoice due date from December 15, 2002 to June 15, 2003. Paragraph 3, item D is hereby revised to change the due date for the final invoice from December 15, 2002 to June 15, 2003. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. COLLI~UNTY~D OF o By: - Chairman* Tom Henn±ng Date:c'~_ ~x~ ~ Appr6~d d~ i~ '~m and legal sufficiency: STAVE OF FLORIDA DEPARTMENT OF OF ENVIRONMENTAL PROTECTION Secreta~ or designee Date: ol [* ~[o3 DEP Gran[M~ager DEP Contracts Administrator APPROVED as to form and legality Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. DEP Agreement No. HW465, Amendment No. 2, Page 1 of 1 16C4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 16C.C Date: March 17, 2003 To: Lyn Wood Purchasing Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Agreement with Miller Pipeline Corporation DBA Griner's Pipeline Service, Contract #~ 03-3455 - Trenchless Sewer System Rehabilitation Contracting Services Enclosed are three original documents, as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, February 25, 2003. If you should have any questions, you may contact me at extension #8406. Regards, Enclosures AGREEMENT 16 5 THIS AGREEMENT, made and entered into on this 25th day of February, 2003, by and between Miller Pipeline Corporation dba Griner's Pipeline Service, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: o COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 25, 2003, and terminating on February 24, 2004. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall furnish and deliver Category A, Cured-in-Place Pipe Lining as secondary vendor, Category B, Fold-and-Form Pipe Lining, and Category D, Work Tasks Common to All Technologies in accordance with the terms and conditions of the specifications of Bid #03-3455 and the contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Page 1 o Mark R. Wallbom, Senior Vice President Miller Pipeline Corporation dba Griner's Pipeline Service 8850 Crafordsville Road Indianapolis, Indiana 46234 Telephone: 317-293-0278 FAX: 317-293-8502 16 5 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to o continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 16C51 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #03-3455 Specifications and Addendum/Addenda. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. First Witness Patricia L. Martin, Asst. Sec. J'Type/print witness name~' ~-S~c~dnd ~P~tness Emy L. Belich J'Type/print witness nameJ' Approved as to form and Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MILLER PIPELINE CORPORATION DBA GRINER'S PIPELINE SERVICE By: ' S{~-~ ~--r e Mark R. Wallbom Senior Vice President Typed signature and title Dated: March 10, 2003 CORPORATE SEAL (corporations only) Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services 16C5 Page 6 SPECIFICATIONS These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing and delivering Trenchless Sewer System Rehabilitation Contracting Services. SCOPE OF WORK The intent of this bid is to obtain competitive bid prices in order to establish an annual contract for on-call trenchless sewer system rehabilitation contracting services. The successful contractor will be required to enter into a contract with the Board of County Commissioners, Collier County, Florida for these services. PROJECT DESCRIPTION This project will provide the Owner with installation, repair and replacement work on sanitary sewers and manholes as directed by the Owner. Typical projects, which may be authorized, are listed below. The list is only representative of possible projects. The Owner is not limited to the projects on-the list. Likewise, any project listed below may not be authorized. Typical projects are as follows: Total repair of existing sanitary sewer lines and service laterals at various locations by trenchless sewer lining rehabilitation methods. In these projects, the whole ,sewer length from manhole to manhole will be relined and service laterals reconnected. · Pipe replacement or upsizing of existing sewer lines by the pipe bursting methods including reinstatement of service lateral connections where required. MINIMUM QUALIFICATIONS The vendor must be and must have been in business for the last three (3) years in providing Trenchless Sewer System Rehabilitation Contracting Services and also have met the additional qualification requirements wherever specified in the Technical Specifications. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 16C5 Pa~e 7 The selected contractor(s) will be responsible for providing complete construction services for a wide range of projects as may be required by Collier County. The selected firms will be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. REFERENCES The vendor must include in the bid, a list of five (5) current customers to which trenchless sewer system rehabilitation contracting services have been provided. References must be current, three years or less. A contact person and telephone number shall be provided in the Statement of Experience. SUPERINTENDENT AND SUPERVISION The successful Contractor shall provide for any work performed under this contract a competent superintendent and any necessary assistants, all approved by the County. The superintendent shall be present at all times while work is in progress. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. MATERIALS~ SERVICES AND FACILITIES The Contractor will provide all standard materials to be used on all jobs, except in jobs as determined by the County, where the County may provide the standard materials. The Contractor shall provide special material or materials not readily available to the County. This will also include special equipment or tools to be used to expedite the job; i.e., air compressor, paving breakers, night-lights, etc. The County is to be notified of any special equipment needed, out of the scope of the Contract, prior to it being used. The cost to the County will be cost plus percentage markup. Invoices for material costs will be verified by backup invoices showing Contractor's actual cost. MOBILIZATION AND DEMOBILIZATION The Contractor shall be responsible for mobilization and demobilization of labor, materials and equipment. Payment for mobilization and demobilization will be based on the unit price indicated in the Bid Proposal for mobilization and demobilization depending on the work scope defined per work order. Mobilization and demobilization costs are a separate pay item, to be paid only if the work order requires less than one thousand two hundred (1,200) linear feet of trenchless sewer rehabilitation. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1605 Page 8 SCHEDULING The Contractor shall plan the work and carry it out with minimum interference to the operation of the existing facilities. Prior to starting the work the Contractor will confer with the Owner's representative to develop an approved work schedule, which will permit the facilities to function normally. Work on existing structures and facilities shall be performed on a schedule and in a manner that will permit the existing facility to operate continuously. No work shall be started until the Contractor has sufficient manpower, equipment, and material to complete the project. No work shall commence without the express consent of the Owner or his designee. All projects must be started within thirty (30) days of receiving a purchase order for a project. SHUTDOWN OF EXISTING OPERATIONS OR UTILITIES The continuous operation of the Owner's existing sewer system is of critical importance. The Contractor's operation shall not result in the interruption of sewer services to any customer. BID BOND REQUIREMENTS No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than one hundred thousand dollars ($100,000). (See Exhibit B.) The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 9 i6C5 No Bid, including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period, it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise authorized by the Purchasing Director. PAYMENT AND PERFORMANCE BONDS Florida State Law requires payment and performance bonds for any project exceeding $200,000 and County Policy requires bonding for any project where payment will be spread out over a series of payments and/or where the project's duration will be in excess of thirty (30) days (Exhibit "A"). While the intended use of this contract is not for the type of services discussed above, please be advised that the County may, at its discretion, require payment and performance bonds prior to such work being performed. SUBCONTRACTORS The Contractor may utilize, with prior approval of the County, specialty contractors on those parts of any work which, under normal contracting practices, are performed by specialty contractors. RELEASE OF CLAIMS Before final acceptance of the work and final payment by the County, the Contractor shall furnish to the County proper and satisfactory evidence (See Exhibit C), that all claims for labor and materials employed or used at the construction of said work have been settled and there are no legal claim(s) against the County for such labor and materials. If such evidence is not furnished to the County, such amounts, as many as may be necessary to meet the unsatisfied claims, may be retained from monies due to the Contractor under this contract until the liabilities shall be fully discharged. ACTUAL WORK PERFORMED All work performed shall be warranted, where specified for each job, for either a period of one (1) year or three (3) years, from the date of installation, and must meet or exceed Collier County Water- Sewer Ordinance 98-53 and 2002-53, including all amendments, and be done in a safe and professional manner. TECHNICAL SPECIFICATIONS The construction requirements and specifications are described in Exhibit "D" - Technical Specifications for the various methods listed in the Contract Proposal Bid Form. All other related work requirements, not described herein, must meet or exceed Collier County Water-Sewer Ordinance 98- 53 and 2002-53, including all amendments. Bid No. 03-$455-Trenchless Sewer System Rehabilitation Contracting Services DEFECTIVE WORK All work performed by the Contractor, not in accordance with the intent of the plans and specifications, will be rejected and shall be removed immediately by the Contractor and replaced by suitable and satisfactory work at no additional cost to the County. DAMAGE TO WORK Until final acceptance of the work by the County Wastewater Collections Utility Department, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the work by action of the elements or for any other cause. The County will not be responsible for or pay for damage while under construction. PROJECT RESTORATION The Contractor will restore all work sites to the condition they were in prior to the start of work on the project. BARRICADES, GUARDS AND SAFETY PROVISIONS To protect persons, including the workmen, from injury and to avoid property damage and damage to the work, adequate barricades, construction signs, torches, red lanterns, and guards as required shall be placed and maintained by the Contractor during the progress of the construction work and in the case of work on or near traveled roadways until it is safe for traffic to use the highway. All material piles, equipment, pipe, excavations and mounds of earth that may serve as obstruction to traffic shall be protected by proper lights when the visibility is poor. The rules and regulations of the authorities regarding safety provisions shall be observed. The Contractor shall carry on work in a manner which will cause the least interruption to both vehicular and pedestrian traffic, and not more than two (2) consecutive blocks shall be closed to through travel, including the cross street intersected. Safe and suitable means of ingress and egress to and from all public and private properties shall be provided during construction. Where traffic must cross open trenches, suitable bridges shall be provided at street intersections and driveways. The Contractor shall be held liable for any property damage or personal injury resulting from failure by the Contractor to take adequate safety precautions, and shall indemnify the County and Engineer or his representative from all claims arising from such negligence. The Contractor shall be responsible, in all respects, to conduct his operations in compliance with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Health and Safety Act of 1980 (PL- 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL- 91-54). Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 16C5 Page 11 Bidder must include in the various work items of the proposal the costs for complying with the Florida Trench Safety Act, Chapter 553, Part VI, Florida Statutes and the Collier County Maintenance of Traffic Policy, a copy of which is available in Purchasing or Risk Management PROTECTION OF PROPERTY AND OBSTRUCTIONS Adequate protection and maintenance of all underground and surface structures, drains, sewers and other obstructions encountered in the progress of the work shall be the responsibility of the Contractor. If necessary, temporary support shall be installed by the Contractor. Any structures which may have been disturbed shall be restored as soon as possible to their original condition. Any damage to existing structures or utilities shall be immediately repaired or paid for by the Contractor at no expense to the County. FINAL CLEAN UP Before the work is considered complete, all rubbish and unused material due to or connected with the construction must be removed and the premises left in a condition satisfactory to the County. All damaged areas shall be restored as directed by the County. All excess earth shall be hauled to a location as designated by the County. Final payment shall be withheld until such work is completed AVAILABILITY OF CONTRACTOR Contractor, by signing bid proposal, hereby agrees to give County projects first priority and to be available to the County within a reasonable period of time. The County hereby reserves the right to contract with a secondary contractor. BID SUBMITTALS The bid submittals for materials manufacturers and bidder's statement of experience should include company brochures and literature describing the various methods and materials for the rehabilitation technologies specified. TERMS OF CONTRACT This contract will commence on the date of award by the Board of County Commissioners, and be in effect for one (1) year. CONTRACT RENEWAL The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for three (3) additional one-year periods, renewable annually. Any unit price adjustments requested by the Contractor shall be based on the consumer price index (CPI). Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 12 16C5 All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annual change to the Consumer Price Index-Southern States for the immediate twelve-month period preceding the renewal of the Agreement. The Owner will determine the value of this annual adjustment. If the County determines to renew this Agreement, it shall provide the Contractor written notice of such renewal thirty (30) days prior to the termination of the contract term then in effect. TERMINATION Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s). The County reserves the right to award this contract through an approach which best serves the interests of the County; i.e., to a single vendor, multiple vendors, by a primary/secondary vendor basis, or on a category-by-category basis. Please note: Categories A or B or C (or preferably more if the bidder can provide services for at least a combination of two (2) or more of these first three (3) categories) and Category D must be completed in order to be considered responsive. This means that a maximum of four (4) primary contractors, one (1) for each of the four (4) technologies specified, may be selected with the following combinations described below: 1. Cured-in-Place Contractor (A plus D). 2. Fold-and-Form using HDPE Pipe Contractor (B1 plus D). 3. Fold-and-Form using PVC Pipe Contractor (B2 plus D). 4. Pipe Bursting Contractor (C plus D). The above four (4) combinations suggested do not limit bidders to bidding for more categories. For example, the Bidder for Combination No. 1 (A plus D) may be able to provide additional services for one (1) or more of categories B and C and include them in their bid proposal. The County will evaluate this bid proposal on a category-by-category basis for lowest bid and experience qualifications, and make selections that are in the best interest of the County. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112~ Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. CONTRACT EXTENSION If work has begun on a project under this contract but is not completed by the contract expiration date, the contract shall automatically extend until completion of the project. 16C5 ACORD CERTIFICATE OF LIABILITY INSURANCE [ 1-317-805-7500 PRODUCER M-J Insurance. Inc. 3750 Prioritv Way South Drive Suite 200 India~polis0 IN 46240-1490 Kathy W. Kebo IN~URED Miller Pipeline Corporation 8850 Crawfordsville Road Indianapolis, IN 46234 THIS CERTIFICATE IS ISSUED AS A MATTER OF IRFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER k Zurich American Insurance ComDanv INSURER B:Great American INSURER C: INSURER ~ INSURER E: COVERAGES THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POtJCY PERIOD INDICATED. NO3%~THSTANDING ANY REQUIREMENT, TERM OR CONDI33ON OF ANY CONTRACT OR OTHER DOCUMENT V~TH RESPECT TO WHICH THIS CER~FICATE MAY BE ISSUED OR MAY PERT/UN, THE INSURANCE AFFORDED BY THE POUCHES DESCPJBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POEClES. AGGREGATE MMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJMS. INSR POLICY EFFECTIVE POt.iCY EXPIRATION LTR TYPE OF INSURANCE POMCY NU%IBER DATE IMM/13D/YYI DATE ~MM~DPPfl UMII~ A GENERAL UA~LJTY GL3473031-00 04/01/02 04/01/03 EACH OCCURRENCE $1,000,000 X I COMME R~AL GENERAL MABUJTY FIRE DAMAGE (A~ o~e §re) $1,000,000 I C~MS~E ~ OCCUR MEDEXP(~,y~,p~,) SS.000 x BI/PD Deal 850,000 PERSONAL&ADVINJU~Y $1,000,000 X IContractual & XCU incl GENERAL AGGREGATE I $ 2,000,000 ,ROOOCTS · CO e,OP $ 2.0 0 0,00 0 I A I JECT A AUTOMO~LE UA~LrrY B~L~3473032- O0 04/01/02 04/01/03 i COMBINED SINGLE uMrr A X ! ANYAUTO T~347303300 {TX ON~¥) 04/01/02 04/01/03 (Eaacck~nt) $ 1. 000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per per~) $ X ! HIRED AUTOS BODILY INJURY X : NON.OWNED AUTOS (Perac~de~t) $ X }[IRED C/LR PRY. S D~GE PROPERTY DAMAGE (Per accident) S ~ GARAGE LIABII. JTY GT,3473031-00 04/01/02 04/01/03 AUTO ONLY - EA ACCIDENT $1,000,000 X'~ ANY AUTO OTHER THAN EA ACC S G,,a~L~G]~KEEP~RS S100. 000 AUTO ONLY: AGG S EXCESS MABIUTY EACH OCCURRENCE $ DEDUCIBLE RETENT~N S $ A WORKERS COMPENSATION AND WC347302900' 04/01/02 04/01/03 X lToRyWC STATU-UMrTS I I OERT~ EMPLOYERS' LMJ~LJTY A WC347303000 (MA O~TLY} 04/01/02 04/01/03 E.~ EACHACCIOENT $ 1,000,000 · A) IN B) OTHER STATES E.L.O~EASE-EAEMPLOYEE $1,000,000 EXCEPT }4A, ND, OH. WA. W-q. WY E.L. (~SEASE - POUCY MMIT $ i, 000,000 OTHER B CONTRACTORS EQPT MAC1359710 04/01/02 04/01/03 CONTRACTORS EQPT 18,273,033 B RENTED/LEASED EQPT MAC1359710 04/01/02 04/01/03 PER ITEM 500,000 B PROPERTY MAC1359710 04/01/02 04/01/03 BLKT BLDG & CONTS 8,937,570 DESCRIPllON OF OPERAllONS/LOCATIONS~T. HICLES/EXCLU~ONS ADDED BY ENDORSEMENT/SPECNAL PRO%lSK)NS Collier County Board of County Commfss~ners are named Additional Insured on the General L~ab~]~ty and Automobile policies. CERTIFICATE HOLDER I I ADOmONAL INSURED; INSURER LE¥ I=R: CANCELLATION '10 D~YS NOTIC~ FOR NON PAYHSNT Collier County Board of County Commissioners 3301E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D° SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7~7) ebelich · ACORD CORPORATION 1988 624271 Bid No. 03-3455--Trenchiess Sewer System Rehabilitation Contracting Services Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a Limit of $1,000,000 each accident. X 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O. form with no limiting endorsements. Bodily Injury & Property Damage. $1,000,000 Single Limit Per Occurrence X Indemnification: The ContractorNendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorJendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorJendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorJendor's limit of, or lack of, sufficient insurance protection. The first Ten Dollars ($10.00) or money received on the contract price is considered as payment of this obligation by the County. X o Automobile Liability Own ed/N o n -own ed/H ired Automobile Included $1,000,000 Each Occurrence N/A Other Insurance as indicated below: a) Professional Liability $ -0- b) Builder's Risk $ -0- Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 15 X 6. X X X X Collier County Florida Insurance Requirements (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 9. Thirty (30) Days Cancellation Notice is required. 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Miller Pipeline Corporation Bidder dba_~Gri~r's Pipeline Service M-J Insurance~ Inc. Insurance Agency Signatu~'e of~idderrs Agent Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 160 Page 16 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · Bid Number; · Bid Title; · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDSlRFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Miller Pipeline Corporation dba Griner's Date Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services 1605 Page 17 CONTRACT PROPOSAL BID FORM FROM: Miller Pipeline Corporation dba Griner's Pipeline Service DUE: January 9, 2003 at 2:30 pm Board of County of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 RE: Bid No. 03-3455: Trenchless Sewer System Rehabilitation Contracting Services" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for providing "Trenchless Sewer System Rehabilitation Contracting Services" per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: o % o Days; Net 30 Days Addenda received (if applicable): #1 × #2 #3 Material Manufactured? Statement of Experience of Bidder List of Subcontractors? Yes [] No [] Yes [] No [] Yes [] No [] Proposalcontinued on ne~ page Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 16C5 Page 18 PROPOSAL (continued) The prices offered shall be based on a unit price amount. Where the Contractor is not able to provide for any item described, the Contractor shall indicate N.B. (no bid) in the space provided for that item's unit price. Mobilization and Demobilization, per iob (none if work order is for more than 1,200 LF), $. 1.00 Cost Plus Percentage Markup for Special Materials, Tools or Equipment 2o % Item A A1 A1.1 A1.2 A1.3 A1.4 A1.5 A 1.6 A1.7 A1.8 A1.9 A1.10 A1.11 A1.12 A1.13 A 1.14 Description CURED-IN-PLACE PIPELINING TECHNOLOGY Cured-in-Place Pipe Lining 8" diameter (0 to 5 ft deep) $ 35. oo LF 8" diameter (5 to 8 ft deep) $ 35. oo LF 8" diameter (8 to12 ft deep) $ %.oo LF 8" diameter(12 to 16 ff deep) $ 35.oo LF 10" diameter (0 to 5 ft deep) $ 35. oo LF 10" diameter (5 to 8 ft deep) $ 37. oo LF 10" diameter (8 to 12 ft deep) $ 37. oo LF 10" diameter (12 to16 ft deep) $ ~7.oo LF 12" diameter (0 to 5 ft deep) $ 37. oo LF 12 "diameter (5 to 8 ff deep) $ 42.00 LF 12" diameter (8 to 12 ft deep) $ 42. oo LF 12" diameter (12 to 16 ft deep) $ 42.oo LF Reinstatement of Service Laterals $ ~. nn EA Add Mobilization/Demobilization if less than 1,200 LF, per job $ 1.0o EA CATEGORY A TOTAL $ 4~. oo Unit Price B B1 B1.1 B 1.2 FOLD-AND-FORMED TECHNOLOGY Fold-and-Formed Pipe Lining Using HDPE 8" diameter (0 to 5 ft deep) 8" diameter (5 to 8 ft deep) $. No Bid LF $. ~o Bi~ LF Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services PROPOSAL (continued) Item B1 B 1.3 B 1.4 B 1.5 B 1.6 B 1.7 B 1.8 B 1.9 B1.10 B1.11 B 1.12 B 1.13 B 1.14 16C5 Page19 [Init Price Description Fold-and-Formed Pipe Lining Using HDPE (continued) 8" diameter (8 to 12 ft deep) $. No ~i~ LF 8" diameter (12 to 16 ft deep) $ No Bid LF 10" diameter (0 to 5 ft deep) $. No Bid LF 10" diameter (5 to 8 ft deep) $. No Bid LF 10" diameter (8 to 12 ft deep) $ No Bid LF 10" diameter (12 to 16 ft deep) $. No Bid LF 12" diameter (0 to 5 ft deep) $ No Bid LF 12 "diameter (5 to 8 ft deep) $ No Bid LF 12" diameter (8 to 12 ft deep) $ No Bid LF 12" diameter (12 to 16 ft deep) $ No Bid LF Reinstatement of Service Laterals $ No Bid EA Add Mobilization/Demobilization, if less than 1,200 LF per job $ No Bi& EA CATEGORY BI TOTAL $. B B2 B2.1 ' B 2.2 B 2.3 B 2.4 B2.5 B 2.6 B 2.7 B 2.8 B 2.9 B2.10 B2.11 B2.12 B2.13 B2.14 FOLD-AND-FORMED TECHNOLOGY Fold-and-Formed Pipe Lining Using PVC Pipe 8" diameter (0 to 5 ft deep) $ 31. o0 LF 8" diameter (5 to 8 ft deep) $ 3:-. oo LF 8" diameter (8 to 12 ft deep) $ 3:-. oo LF 8" diameter (12 to 16ftdeep) $ 3:]_.oo LF 10" diameter (0 to 5 ft deep) $ 31. oo LF 10" diameter (5 to 8 ft deep) $ 32. oo LF 10" diameter (8 to12 ft deep) $ 32.00 LF 10" diameter (12 to16 ff deep) $ 32.o0 LF 12" diameter (0 to 5 ft deep) $ 32.00 LF 12 "diameter (5 to 8 ft deep) $ 38.oo LF 12" diameter (8 to12 ff deep) $ 38.00 LF 12" diameter (12 to16 ff deep) $ 38.0o LF Reinstatement of Service Laterals $ 1.00 EA Add Mobilization/Demobilization, if less than 1,200 LF per job $ ;]_. oo EA CATEGORY B2 TOTAL $ ~02. oo D$c-$0-02 15:4~ From-Ooliisr County P~rchasin~' .:z-1 ?82 0844 Bid No. 03-3455~Trenc~]esS Sewer Sys:em Rehabilitation Contracting Services PROPOSAL (continued) Page~0 ~/~ C 5 Addendum--fl1 v C C1 C1.1 C 1.2 C1.3 C 1.4 C 1.5 C 1.6 C 1.7 C1,8 C 1.9 C 1,10 C1.11 C 1.12 PIPE i~URSTING METHOD OF PIPE REPLACEMENT Pipe Bursting Method Pipe Replacement with HDPE Pipe 4" diameter (0 to 4G-14 ft deep) 6" diameter (0 to d~14 ft deep) 8" diameter (0 to 4-3-14 ft deep) 10" diameter (0 to 4~14 ft deep) 12" diameter (0 to 40 1,~_4 ft deep) 15" diameter (0 to 4~-14,..__ff deep) 18" diameter (0 to 4-2-14 ft deep) 24" diameter (0 to 48-14 ft deep) 30" diameter (0 to 4~-14 ft deep) 36 "diameter (0 :o 40 14 ft deep) Reinstatement cf Service Laterals Add Mobilization,,'Demobilization if less than 1,200 LF per CATEGORY C TOTAL $_j~ .~d.&__,L F $~LF $ ~n B~a LF $ ~o 3i~ LF $ ~o 3i& LF $~. 3i~ LF $ No Bid LF $ No Bid LF $. No Bid LF $ No Bid ~ $ No Bid Dec-~,0-O2 15:4~ Fram-Collier County Purchasinj g41 ?~2 0844 Bid No. 03.:?,455---Trenchiess Sewer Sys:em RehaBilitation Contracting Servlce$ PROPOSAL (continued) T-?gl Addendum #1 D D1 D1.1 WORK TASKS COMMON TO ALL TECHNOLOGIES Sewer Cleaning and Root Removal Heavy Duty Sewer Cleaning $__ _2~._~ 0 LF D2 D2.1 D2,2 D2.3 D2.4 Bypass Pump Setup with Bypass Piping Bypass 8" Sewer Setup Bypass 10" to 1 2" Sewer Setup Bypass 15" to -182~4" Sewer Setup Bypass 2430" to 36" Sewer Setup 6oo.oo 600. oo 1.oo 1. oo DS D3.1 D 3.2 D3.3 D 3.4 Bypass Pump Operation Bypass 4" Pump Bypass 6" Pump Bypass 8" Pump Bypass 10" Pump 350. o0 DAY $_350.00 DAY $.__%,210~ DAY 'l - nn DAY D4 D4.1 Warranty TV Survey Warranty TV Survey $_ 3,40 LF Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services Page 22 MATERIAL MANUFACTURES The Bidder is required to state below, material manufacturers he proposes to utilize on this project. No change will be allowed after submittal Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Cured-in-Place Pipe Liner Miller Pipeline Corporation 2. Fold-aud-form HDPE Pipe Liner No Bid 3. Fold-and-form PVC Pipe Liner Miller Pipeline Corporation Dated: January 8~ 2003 By: Miller Pipeline Corporation dba Bid~r's Pipeline Service Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1605 Page 23 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to, proper licenses, certifications, registrations and insurance coverage's. The County reserves the right to disqualify any bidder who includes non- compliant subcontractors in his bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. Subcontractor and address Class of Work to be performed 1. No Subcontractors Date: January 8~ 2005 Miller Pipeline Corporation dba Griner's Pipeline Service Bid No. 0$-3455--Trenchless Sewer System Rehabilitation Contracting Services 16C5 Page 24 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of his experience, skill and business standing and of this ability to conduct the work as completely and as rapidly as required under the terms of the contract. Also attach a signed statement and list of installations where the Bidder has rehabilitated at least half-a~million feet of pipe by trenchless methods. The Bidder shall include as an attachment the name and date of projects, length of sewer lines rehabilitated and rehabilitation methods used similar to that specified. Bidder shall submit two sets of Statement of Experience, including all the attachments, with the bid proposal. Project and Location Reference Attached o Date: .T~ m~'~'y g PNN3 Miller Pipeline Corporation dba Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services PROPOSAL CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8th . day of January , 20023in the County of Marion , in the State of Indiana, Miller Pipeline Corporation Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. State of: Tndiana Limited Partnership General Partnership Phone No. 317/293-0278 FAX No. ~7/2~-85og 8850 Crawfordsville Rd. Address Indianapolis, IN 46234 BY: Typ~[~ ' -~~'t"en '- -- a-nd Signature Mark R. Senior Vice President Title NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. Wallbom Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services EXHIBIT A" PUBLIC PAYMENT BOND "Trenchless Sewer System Rehabilitation Contracting Services" Bond No. Contract No. 03-3455 KNOW ALL ME BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to Oblige in the sum of __) for the payment whereof we bind ourselves, our heirs, executors, personal assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of as representatives, successors and ,1998, with Oblige for_ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this ~ day of 200__, the name of under-signed representative, pursuant to authority of its governing body. A-1 Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Signed, sealed and delivered in the presence of: PRINCIPAL: Page 27 16C5 Witnesses as to Principal STATE OF COUNTY OF By: Name: Its: The foregoing instrument was acknowledged before me this __ of , as of , a corporation, corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: on (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) 200__, by_ behalf of the Witness as to Surety (Printed Name) OR A-2 Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 28 16 5 Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 1998, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: A-3 Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 29 16 5 EXHIBIT A-2 PUBLIC PERFORMANCE BOND "Trenchless Sewer System Rehabilitation Contracting Services" Bond No. Contract No. 03-3455 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. ourselves, our heirs, 20O WHEREAS, Principal has entered into a contract dated as of the __ , with Oblige for day of in accordance with drawings and specifications, which Contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. A-4 Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 30 .~? This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this __ day of 200__, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of 200__, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: A-5 Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services ATTEST: SURETY: Page 31 (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) Witness as to Surety Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 200__, by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. He/She is personally known who did (did not) take an My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: A-6 16C5 P~$2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Miller Pipeline Corporation . . (herein after called the Principal) and St. Pa. ul Fire and Marine Insuran.ce Comnany ..... (herein called the Surety), a corporation cl'~artered and exi~ing under the laws Of the State of Minnesota with its pflncipal offices In the city of St. Paul and authorized to do business in the State of Florida are held and firmly bound unto the ,,Bo~r'~l of County Commissioners Collier Count% FL (hereinafter called the Owner, in the full and just sum of.One Hundred Thousand and No/100 ....... ................... v ....... ~:-"r"', .............. dollars ($100~000.00 } good and lawful money of the United Sta~es of America, to be paid upon demand of the Owner, to which payment.well and truly to be made, the Principal and the Surety bind themselves, their helm, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Pdnoipal is about to submit, or has submitted to ~ha Owner, a proposal for furnishing all labor, materials, equipment and Incidentals necessary to furnish and install: Trenchless Sewer System Contra=ting Services Bid No. 03.3455 NOW, THEREFORE' The conditions of this obligation are 'such that if the Proposal be a~epted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Propose! arid upon t~e terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and PaYment Bond payable to the Owner, in an amount of 100 Percent of the total Contract price eaoh in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise tb be and remain In full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good amd lawful money of ~e Un/ted States of America, not as a penalty but as liquidated damages. No. 03-3455-Tr~n~hless Stayer System Rehabilitation Contracting Servicaa Page 16C5 IN TESTIMONY Thereof, the Prlnaipal and Surety have caused these presents to be duly signed and sealed this 9th~ day of January ,2003. Miller, Pim4i~e Corporati~F' Principal BY ..... '"~-~-~"~ (Seal) 'Sef[or VicyPresident St. Paul F~e and Maline Into _ t~rance C,ompan_v Surety '(seao Countersigned ~/ _ ./--" ~ FIQrida Resident A_~ent Local Resident Producing Agent for St. Paul Fire and Marine Insurance CompanY 'meSTraul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 20357 Certificate No. q 4 8 7 4 0 1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of thc State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively cai~ed the "Coml;anie,v "), and that the Companies do hereby make, constitute and appoint A. L. Stanchina, C. David Thomas, Richard L. Higginbotham, Janet Canterbury and Roseann B. Dye-Smalley Charleston West Virginia of the City of State . their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 13th September 2002 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company State of Maryland City of Bahimore 13ta On this United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. PETER W. CARMA~cnt TttOMAS E. ttUIBREGTSE, Assistant Secrctary day of September 2002 , belbre me, the undersigned officer, personally appeared Peter ~: Carman and Thomas E. Huibregtse, who acknowledged themselves to bc the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company; Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are thc corporate seals of said Companies; and that they', as such, being authorized so to do, executed the foregoing instrument tbr the purposes therein contained by signing thc names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 1st day of July, 2006. REBECCA EASLEY~ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect~ reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereofi and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this q ~ day of (.o.... · .... ~.\ Thomas E. Huibregtse, Assistant Secretary To veriJ), the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individual; and the details of the bond to which the power is attached. Miller Pipeline Corporation / Southeastern Infrastructure Systems, Inc., A Miller Pipeline Corporation Company Project References Project Name: Contract Amount: Completed: Owner: Engineer: Contact: Description of Work: West Side Sanitary Sewer Rehab Phase I $64,320.0O Awarded City of Areola, IL Clark Dietz, Inc. Mr. Robert Threadgill (217) 373-8900 The work consists of the installation of 2,000 LF of Cured-In-Place Pipe lining in existing 8" pipe. The work also includes all pavement and property restoration. Project Name: Contract Amount: Completed: Owner: Engineer: Contact: Description of Work: Millcole Avenue Gravity Sewer Repairs $74,700.00 Awarded City of Panama City Beach, FL Panama City Beach, FL (615) 366-1600 The work consists of the installation of 30 LF of Cured-in-Place Pipe lining in existing 21" through 15" pipe. The work also includes WEKO Internal Joint Repairs, CIPP intemal Point repairs and pavement and property restoration. Project Name: Contract Amount: Completed: Owner: Engineer: Contact: Description of Work: Contract S01-01: Rehabilitation of Existing Sewer Lines $234,339.00 Awarded/In Progress City of Oneida, TN GRW Eh'od Dunson, Inc. Mr. Robert Threadgill (615) 366-1600 The work consists of the installation of 5,015 LF of Cured-In-Place Pipe lining in existing 8" through 15" pipe. The work also includes all pre- lining point repairs, rehabilitation of approximately 10 manholes, and pavement and property restoration. Project Name: Contract Amount: Completed: Owner: Engineer: Contact: Description of Work: Sewer Rehab Contract No. H $959,439.45 In Progress City of Hampton, GA Stevenson & Palmer Engineering, Inc. Mr. Tony Vanderyt (770) 952-2481 The work consists of the installation of 17,893 LF of Cured-In-Place Pipe lining in existing 8" through 24" pipe. The work also includes all pre-lining point repairs, approximately 100 excavatable sewer service renewals, open cut service renewals, rehabilitation of approximately 50 manholes, and pavement and property restoration. Project Name: Contract Amount: Completed: Owner: General Contractor: Contact: Description of Work: Carrabelle Sanitary Sewer System Improvements $187,000.00 03/22/02 City of Carrabelle, F1 Royal American Construction Company, Inc. 1002 West 23~ Street, Suite 400 Panama City, Florida 32405 Mr. Paul Kelly (850) 769-8981 The work consists of the installation of 4,750 LF of Cured-In-Place Pipe lining in existing 6" through 8" pipe. The work also included property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Project No. BL190-0899 $434,208.00 12/00 Gwinnett County, GA 684 Winder Highway Lawrenceville, GA 30045 Mr. Kurt Wegener (678) 376-7030 The work consists of the installation of 5,780 LF of Cured-In-Place Pipe lining in existing 8" through 10" pipe. The work also included property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Mill Creek -Wallace Road Sewer System Rehabilitation, Phase Ill Project No. 95-SC-12A-3 $1,100,606.25 8/O0 Metropolitan Govemment of Nashville and Davidson County 1600 2~ Avenue North Nashville, TN 37214 Mr. Bill Sullivan (615) 8624915 The purpose of the project is to reduce rainfall-induced infiltration and inflow (FI) by rehabilitation of the existing sewer system. The work included the installation of approximately 9,982 L.F. of Cured-In-Place Pipe for existing 8-inch through 1 O-inch sanitary sewers. The work also includes all pre-lining point repairs, approximately 125 excavatable sewer service renewals, rehabilitation of approximately 45 manholes, and pavement and property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Dekalb County, GA $207,800.00 07/00 Dekalb County 1580 Roadhaven Drive Stone Mountain, GA 30083 Mr. Karim Khan (770) 621-7200 The work included the installation of approximately 380 L.F. of Cured- In-Place Pipe for existing 24-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Franklin Road Sewer System Rehabilitation Project No: 94-SC-59A $2,995,345.00 07/00 Metropolitan Government of Nashville and Davidson County 1600 2aa Avenue North Nashville, TN 37214 Mr. Bill Sullivan (615) 8624915 The purpose of the project is to reduce rainfall-induced infiltration and inflow (FI) by rehabilitation of the existing sewer system. The work included the installation of approximately 38,965 L.F. of Cured-In-Place Pipe for existing 8-inch through 21-inch sanitary sewers. The work also included all pre-lining point repairs, approximately 250 excavatable sewer service renewals, about 40 trenchless service line renewals, rehabilitation of approximately 270 manholes, and pavement and property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Clifton Park Sewer System Rehabilitation Project No: 93-SC-28A-2 & 93-SC-28C $1,991,700.00 10/99 Metropolitan Government of Nashville and Davidson County 1600 2~a Avenue North Nashville, TN 37214 Mr. Bill Sullivan (615) 8624915 The purpose of the project is to reduce rainfall-induced infiltration and inflow (I/I) by rehabilitation of the existing sewer system. The work includes the installation of approximately 22,435 L.F. of Cured-in-Place Pipe for existing 8-inch through 15-inch sanitary sewers. The work also included all pre-lining point repairs, approximately 450 excavatable sewer service renewals, rehabilitation of approximately 160 manholes, and pavement and propea'ty restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Perma Corp Sewer Line Repair Petal, MS $169,121.00 7/99 Perma Corp 1011 Lehmberg Road Columbus, MS 39702 Mr. Rick Corey (800) 530-7327 This work included the installation of approximately 4,863 L.F. of Cured-In-Place Pipe for existing 8-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: TRIPCO - Pass Christian, MS $28,000.00 2/99 TRIPCO 25308 East Dubuisson Road Pass Christian, MS 39571 Mr. Rusty Bang (228) 760-5414 This work included the installation of approximately 200 L.F. of Cured- In-Place Pipe for existing 24-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Fayetteville Sewer System Rehabilitation $50,000.00 3/99 Fayetteville Water and Sewer P.O. Box 584 Fayetteville, TN 37334 Mr. John Holcomb (931) 433-4501 This work included the installation of approximately 880 L.F. of Cured- In-Place Pipe for existing 8-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Gulf States Paper Demopolis, AL $25,000.00 2/99 Gulf States Paper U.S. Highway 80 West Demopolis, AL 36732 Mr. Greg Mathews (334) 289-6244 This work included the installation of approximately 472 L.F. of Cured- In-Place Pipe for existing 8-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Elissa Drive Sewer System Rehabilitation Project No: 95-SC-12B $1,505,130.00 12/98 Metropolitan Govemment of Nashville and Davidson County 1600 2~t Avenue North Nashville, TN 37214 Mr. Bill Sullivan (615) 8624915 The purpose of the project is to reduce rainfall-induced infiltration and inflow (Fl) by rehabilitation of the existing sewer system. The work included the installation of approximately 20,531 L.F. of Cured-In-Place Pipe for existing 8-inch through 18-inch sanitary sewers. The work also includes all pre-lining point repairs, approximately 170 excavatable sewer service renewals, rehabilitation of approximately 100 manholes, and pavement and property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Cobb Co., GA. $703,270.00 08/98 Cobb County Water System 660 South Cobb Drive Marietta, GA 30060 Mr. Jim Smith (770) 419-6325 This work included the installation of approximately 8,697 L.F. of Cured-In-Place Pipe for existing 8-inch and 21-inch sanitary sewers. The work also included televising and cleaning of approximately 9,260 LF of sanitary sewer and all associated property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Kingsport, TN $64,120.00 08/98 Midsouth Trenchless P.O. Box 2218 Conway, AR 72033 Mr. Tony McDonald (501) 513-4217 This work included the installation of approximately 1,077 L.F. of Cured:In-Place Pipe for existing 8-inch though 12-inch sanitary sewers. The work also includes property restoration. ! 6C 5 Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Ft. Stewart, GA. $19,827.00 7/98 Griner' s Inc. 21902 State Road 46 Mt. Dora, FL 32757 Mr. Bobby Garrison (334) 289-6244 This work included the installation of approximately 332 L.F. of Cured- In-Place Pipe for existing 18-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Description of Work: City of Rainbow City CIPP Demonstration $7,300.00 5/98 City of Rainbow City 3700 Rainbow Drive Rainbow City, A1 35906 This work included the installation of approximately 292 L.F. of Cured- In-Place Pipe for existing 8-inch sanitary sewers. The work also includes property restoration. Project Location: Contract Amount: Completed: Owner: Contact: Description of Work: City of Savannah, GA $845,018.00 04/98 City of Savannah 230 Agonic Road Savannah, GA 31406 Mr. Bill Steinhauser (912) 351-3834 This work included the installation of approximately 18,915 L.F. of Cured-in-Place Pipe for existing 8-inch through 24-inch sanitary sewers. The work also includes property restoration. 16C5. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Smithville, TN $444,000.47 03/98 J.R. Wauford Engineering Box 140350 Nashville, TN 37214 Mr. Mike Hammontree (615) 883-3243 This work included the installation of approximately 7,170 L.F. of Cured-In-Place Pipe for existing 8-inch, 10-inch and 12-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Gadsden Water and Sewer $247,988.00 3/98 Gadsden Water and Sewer P.O. Box 800 Gadsden, AL 35999 Mr. Ken Morgan (205) 543-2884 This work included the installation of approximately 4,662 L.F. of Cured-In-Place Pipe for existing 8-inch and 1 O-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: City of Perry, FL $104,647.00 1/98 City of Perry Florida 224 South Jefferson Street Perry, Florida 32347 Mr. Danny Lundy (850) 584-7940 This work included the installation of approximately 937 L.F. of Cured- In-Place Pipe for existing 15-inch sanitary sewers. The work also includes property restoration. 16C5 Project Name: Contract Amount: Completed: Owner: General Contractor: Owner Contact: Contractor Contact: Description of Work: City of Bradenton, FL $104,647.00 1/98 City of Brandenton, FL 500 15t~ Street Brandenton, FL 34205 Griner's Inc. 21902 State Road 46 Mt. Dora, FL 32757 Mr. Greg Mathews (334) 289-6244 Mr. Bobby Garrison (352) 383-1222 This work included the installation of approximately 1,237 L.F. of Cured-In-Place Pipe for existing 15-inch sanitary sewers. The work also includes property restoration. Project Name: Contract Amount: Completed: Owner: Contact: Description of Work: Ft. Pope, NC $256,933.00 12/97 US Army Engineer District - Savannah 100 West Oglethorpe Avenue Savannah, GA 31406 Mr. Seyed Kamalbake (910) 907-3130 This work included the installation of approximately 2,243 L.F. of Cured-In-Place Pipe for existing 6-inch through 24-inch sanitary sewers. The work also includes property restoration. Miller Pipeline Corp. Miller Pipeline Corporation ToughTubeTM, Cured-In-Place Pipe Main Sewers (Inversion Method) 1. Intent: The intent of this specification is to provide requirements for the rehabilitation of sewers by installation of a cured-in-place-pipe (CIPP) via the ASTM F-1216-98 inversion method. The Contractor shall provide all labor, equipment, materials, tools, and appurtenances required to clean and pre-televise, line, reinstate service connections, and post videotape the sewer pipelines. 2. Project Delivery_: 2.1. Project Management Structure The Owner requires that each project be assigned a Project Manager (PM) who has the authority, experience, and skills necessary to deliver the project to the Owner in a manner that meets or exceeds all Owner requirements. The PM is supported by the corporation in applying any corporate resources necessary to properly execute assigned tasks. The PM supervises a Field Superintendent and any required specialty subcontractors to perform the contracted services. O er I - Design - Process Review - Technical Support I Installatio~ Crews I1 3. Saf¢~: 2.2. Planning and Scheduling 2.2.1. Work Plans A detailed work plan is made for each project well in advance of the start of field work. The intent of the plan is to execute the project on paper prior to mobilization to optimize performance in the field. This plan includes a detailed description of the scope of work, a CPM schedule, a schedule of values, a subcontractor management plan, and a submittals delivery plan. 2.2.2. Critical Path Method (CPM) Schedule A CPM schedule is prepared and updated by the PM on no less than a weekly basis. This tool is used to optimize performance in the field and keep the Owner and other project team members properly informed. 2.3. Submittals and Deliverables 2.3.1. CPM Schedules An appropriate number of CPM schedules will be submitted on a periodic basis as preferred by the Owner. 2.3.2. Schedule of values The PM shall maintain a schedule of values that details the units of work completed each week. This document shall also communicate cumulative work completed and remaining work. This document shall be submitted on a periodic basis as preferred by the Owner. 2.3.3. 2.3.4. 2.3.5. Status reports various status reports shall be submitted on a periodic basis as defined and preferred by the Owner. These reports may include TV logs, tap cutter logs, pipe samples, test reports, and other pertinent information. Design: The Bidder shall submit designs for each manhole to manhole section of pipe. These designs shall be made in strict accordance with ASTM F-1216-98 and project specifications. Designs shall include any assumptions made in addition to those specified herein, all calculations and inputs, and the design output. Materials Certification: Joint certification of materials from the Manufacturer and Contractor shall state that the materials supplied for this project will meet or exceed requirements of this specification once installed under field conditions. The certification must include a statement indicating that physical properties of 95% or more of field samples of the composite will meet or exceed properties used as input for the designs submitted for this project. 2.3.6. Samples Restrained or plate samples prepared submitted as specified. in accordance with ASTM F 1216 shall be All work shall be executed in accordance with local, state, or federal safety regulations. [ I2 1 c6_C5_ Traffic Control: The installer shall abide by all local and state traffic control regulations. Minimum traffic control shall include signs, cones, and hazard lights. 5. Referenced Documents: ASTM D 543 ASTM D 638 ASTM D 790 ASTM D 5813 ASTM F 1216-93 NASSCO Cleaning: 6.1. 6.2. Test Method for Resistance of Plastics to Chemical Reagents Test Method for Tensile Properties of Plastics Test Methods for Flexural Properties of Unreinforced and Reinfomed Plastics and Electrical Insulating Material Standard Specification for Cured-In-Place Thermosetting Resin Sewer Pipe Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube Specification Guidelines Wastewater Collection Systems Maintenance and Rehabilitation Cleaning of Pipeline - Gravity pipes shall be cleaned with hydraulically powered equipment, high-velocity jet cleaners, or mechanically powered equipment. Debris shall be removed from the host pipe prior to liner installation. Line Obstructions - The host pipe shall be cleared of obstructions such as solids, offset joints, protruding service connections, and crushed or collapsed pipe that will prevent the proper inversion of the resin-impregnated tube. If inspection reveals an obstruction that cannot be removed by conventional sewer cleaning equipment, a point repair shall be made to eliminate the obstruction. 7. Host Pipe Inspection: Inspection of the host pipes shall be performed by the Contractor's operators trained in locating breaks, obstacles, and service connections by closed-circuit television. The interior of the host pipe shall be carefully inspected to determine the location of any conditions that may prevent proper installation of the impregnated tube. These conditions shall be noted so that they can be corrected prior to liner installation. 8. WetouffResin Impregnation: The felt tube shall be vacuum-impregnated with resin (wetout) under controlled conditions. The volume of resin used shall be sufficient to fill voids in the tube material at nominal thickness and diameter. The volume shall be adjusted by adding an appropriate quantity of excess resin for the change in resin volume due to polymerization and to allow for any migration of resin into the cracks and joints in the original pipe. The Contractor shall designate a location where the CIPP tube will be vacuum impregnated prior to installation. The Contractor shall allow the Owner's Representative to inspect the materials and procedures used to vacuum impregnate the tube. 13 Installation: 9.1. Resident Notification Home or business owners shall be notified at least 24 hours in advance of required reductions in service laterals usage and required access to property. 9.2. Bypass Pumping If bypassing of the flow is required around the sections of pipe designated for reconstruction, the bypass shall be made by plugging the line at a point upstream of the pipe to be reconstructed and pumping the flow to a downstream point or adjacent system. The pmnp and bypass lines shall be of adequate capacity and size to handle the flow. 9.3. Inversion 9.3.1. Hydrostatic Head - The wetout tube shall be inverted through an existing manhole or other approved access point by the application of a hydrostatic head sufficient to fully extend it to the termination point. The tube shall be inverted such that the plastic membrane becomes the interior wall of the new pipe. The inversion head shall be adjusted to be sufficient height to cause the tube to invert from start to f'mish and hold the tube tightly against the host pipe wall, producing dimples at side connections. Care shall be taken during the inversion to avoid excessive stretching of the tube. 9.3.2. Required Pressures - Before the inversion begins, installers shall refer to the site-specific inversion plan to ensure the tube is inverted with the Contractor prescribed pressure. 9.3.3. Lubricant - The tube shall be lubricated during the inversion to reduce friction~ This lubricant shall be poured into the inversion water in the downtube or applied directly to the tube. The lubricant used shall be a nontoxic, oil-based product that has no detrimental effects on the tube, boiler, or pump system. 9.4. Cure & Cool Down: 9.4.1. Cure - After the inversion is completed, a boiler equipped with circulation equipment will heat the water throughout the tube. The equipment shall be capable of delivering hot water throughout the section to uniformly raise the water temperature to levels required to effect a cure of the resin. The water temperature in the tube shall be adjusted to cure the product according to Contractor procedures. The system shall be configured to monitor water temperature with thermocouples at the boiler (intake and discharge), the downstream end of the tube, and the interface points between the tube and the host pipe. 9.4.2. Cool-Down- The liner shall be cooled to a temperature below 100°F (38°C) before relieving the static head in the inversion standpipe. Cool-down may be accomplished by the introduction of cool water into the inversion system to replace water being drained from bleed-off holes made in the downstream end. Care shall be taken in the release of the static head so that a vacuum will not be created. 16 5 10. Segmental Repair: Segmental CIPP point repairs shall be made internally with polyester, vinyl ester, or epoxy resins. The final product shall meet or exceed properties specified for the main line CIPP. Following TV, clean and inspection, the saturated tube and inflation bladder shall be inserted into the carrying device and secured. The car~ing device shall be towed into the pipe using a cabled winch. The tow shall be completed such that the carrying device is properly aligned with the area targeted for repair. The resin-impregnated tube shall be protected during this process to ensure the felt remains properly saturated and undamaged. The tube shall be inflated and held tightly against the host pipe at the recommended pressure until the cure is completed. Once the cure is completed, the inflation and carrying device shall be removed. Any service connections covered by the CIPP point repair shall be reinstated and the section televised. This item shall be paid as detailed in the pricing page. 11. Service Connections: After the liner has been cured in place, the active service laterals shall be reinstated employing a television camera and robotic cutting device. Man-entry reinstatement may be accomplished in large- diameter pipes. 12. Inspection & Testing: 12.1. Workmanship - The finished liner shall be inspected via closed circuit TV. The liner shall be continuous over the entire length of an inversion run and be free of dry spots, excessive wrinkling, lifts, and &laminations. If these any of these defects are present, appropriate repairs shall be made. 12.2. Sample Preparation 12.2.1. Restrained Samples: Restrained sample making applies to relatively small host pipe diameters (generally 6" through 12"). The sample shall be cut from a section of cured liner that has been inverted through a retraining sample pipe, which has been held in place by a suitable heat sink, such as sandbags. These samples shall be taken from an intermediate manhole or at the termination point. 12.2.2. Plate Samples: The plate sample technique applies to relatively large host pipe diameters (generally 15" and greater). The sample shall be fabricated from the tube and resin/catalyst system used for the specific pipe being rehabilitated. This prepared sample shall be cured in a clamped mold placed in the downtube of the liner being installed. 12.2.3. The samples shall be large enough to provide a minimum of three specimens and a recommended five specimens for flexural testing. 12.3. Testing Short-term Flexural (Bending) Properties - The initial tangent flexural modulus of elasticity and flexural stress shall be measured for gravity pipe applications in accordance with ASTM D-790. 13. Materials: 13.l. Material Handling: The Contractor shall protect, store, and handle the pipe liner material during transportation, while on-site, and during installation in accordance with manufacturer's recommendations to ensure that the liner material is not damaged. If any part of the liner material becomes damaged before or during installation, it shall be repaired or replaced at the Contxactor's expense. 16C5 13.2. Tube: The liner shall consist of one or more layers of flexible needled felt capable of carrying resin, withstanding installation pressures and curing temperatures. The tube shall be compatible with the resin system used. The material shall stretch to the extent required to fit irregular pipe sections and negotiate bends. The outside layer of the tube (the inner layer of the installed pipe) shall be plastic coated with a material that is compatible with the resin system used. The tube shall be fabricated to a size that, when installed, will tightly fit the internal circumference and the length of the original conduit. Allowance shall be made for circumferential stretching during inversion. The tube material shall meet or exceed the requirements ofASTMs F 1216 and D 5813. 13.3.Marking: Liner shall be clearly marked at an interval not to exceed 5 feet with a number which identifies the length (in footage, yardage, or meters) of the CIPP. These markings shall be clearly visible in the post-lining inspection video. 13.4. Resin: A general purpose, unsaturated, styrene-based, thermoset resin and catalyst system or an epoxy resin and hardener that is compatible with the inversion process shall be used. The resin must be designed to cure in the presence of water and the initiation temperature for cure shall be less than 180°F (82.2°C). The liner will have initial stxuctural properties given in Table 1. The resin and catalyst system shall meet or exceed the requirements of ASTMs F 1216 and D 5813. 13.5. Composite Material Properties 13.5.1. Physical Properties The composite materials shall have minimum physical properties as noted below in Table 1. Minimum Value Property Test Method psi (MPa) Flexural strength D 790 4 500 (31) Flexural modulus D 790 250 000 (1 724) Table 1 13.5.2. Chemical Resistance: The CIPP shall meet the minimum chemical resistance requirements listed in ASTMF 1216-98. 14. Design & Installation Thickness: The liner shall be initially priced to include the thicknesses detailed in the pricing page. Following pipe televising and site investigation, the liner shall be designed according to methods detailed Appendix XI of ASTM F 1216. Inputs shall be based on properties of the selected resin system and actual site conditions. If individual pipe installations require liners thicker than the base thickness proposed, incremental increases in thickness of 1.5mm shall be made to achieve the desired thickness. Payment for additional 1.5mm increments in thickness shall be made at the proposed rate. It is understood that the design thickness is the mimmum measured thickness that will be accepted for each installed liner. Considering that pipe grade and other factors impact the final, installed thickness of each liner, it is the installer's responsibility to ensure that the installed thickness meets or exceeds the design requirement. A minimum 6mm thickness shall be installed. The categories of design parameters noted in Tables 3.1, 3.2, and 3.3 shall be used, unless otherwise directed by the Engineer: 16 Safety Factor Soil Modulus Soil Density (3) Table 2 Common Design Parameters 2.0 1000 psi 120 pcf Notes - Table 2 The safety factor may be reduced to 1.5 at the discretion of the Engineer, normally in the case where there is accurate and detailed information known about the existing pipe and soil conditions. 2. In the absence of site-specific information, the Engineer assumes a soil modulus of 700 psi. 3. In the absence of site-specific information, the Engineer assumes a soil density of 120 lb/ft3. Enhancement Factor, K(~) Table 3 Product-Specific Design Parameters 7 Initial Flexural Strength (ASTM D 790) Initial Flexural Modulus of Elasticity (ASTM D 90) (2) Retention of Properties to Account for Long-Term Effects (3) Long-Term Flexural Modulus of Elasticity (3) 4000 psi 250,000 psi 5O% 125,000 Notes - Table 3: 1. Enhancement factor (K) is the additional buckling or load resistance of the rehabilitation product due to the restraining action of the host pipe. An enhancement factor K=7 shall be employed unless the Owner approved a higher value. Initial values are defined in ASTM D 790. The Project Engineer may, at any time prior to installation, direct the Contractor to make cured samples (according to ASTM F-1216-98 and test them in accordance with the listed ASTM standards to verify initial values of physical properties. In such tests the Contractor's samples must achieve a 95% pass-rate. The initial flexural modulus is multiplied by the creep factor (or percentage retention) to obtain the long-term values used for design. It is understood that the material's modulus of elasticity will not change over time; however, by convention the modulus is reduced for design purposes for all plastic pipe sections to account for the reduced ability of plastic pipe to carry loads due to the changes in pipe geometry resulting from the effects of creep over time. Ovality Ground Water Depth Above Invert Soil Depth Above Crown Live Load Table 4 Site-Specific Design Parameters INotes 1, 2 Notes 1, 3 Note 1 Notes 1, 4 Notes 1, 5 Notes 1,6,7,8 Design Condition (Partially or Fully Deteriorated) CIPP Thickness 17 Notes - Table 4 1. Design thicknesses and complete site-specific designs, in accordance with ASTM F- 1216-98, shall be submitted prior to liner installation. The Bidder shall estimate the ovality by viewing the videotapes and other information provided by the Owner. If such information is not available, the Bidder shall assume an ovality of 3%. In cases where the ovality exceeds 10%, the Bidder may consider employing alternative design methods (such as beam design methods) to determine the pipe thickness. In the absence of accurate water table information, the Bidder shall assume the height of water above the invert of the pipe as 1/2 the depth from ground surface to the invert of the pipe. 4. Any pipelines running under highways or other roadways shall be assumed to carry highway live loads. 5. The Bidder shall determine if the pipe segments are partially or fully deteriorated based on viewing of tapes and other information provided by the Owner. Thicknesses specified (designed by the Contractor and approved by the Engineer) are the final, in-ground thickness required. Measured sample thicknesses will not include polyurethane or polyethylene coatings, any layer of the tube not fully and verifiably impregnated with resin, or any portion of the tube not deemed by the Engineer to be a structural component of the composite. The Contractor must consider any factors necessary to ensure the final, cured-in-place pipe thickness is not less than specified (designed by the Bidder and approved by the Engineer) above. These factors include any stress applied to the material during transportation, handling, installation and cure; the materials, condition, and configuration of the host pipe; weather (including ambient temperature conditions); and any other factors which are reasonably expected to be found in existing combined or sanitary sewer systems. Design thickness provided by the Contractor shall be approved by the Engineer prior to the liner installation 15. Flow Capacity: Maintenance of flow capacity of existing pipes is essential. Rehabilitated pipe shall have minimum or no change in capacity. An increase in flow capacity following rehabilitation is preferred, and in no case shall the flow capacity of rehabilitated pipes be reduced. 16. Measurement & Payment: The unit price for lining the sewers shall include all materials, labor, equipment and incidentals required to clean, televise, line, and post-televise the pipes. Measurement for pipe lining shall be from the inside face of the manhole walls (i.e., lip to lip of the pipe). Payment for lateral reinstatements shall be made at the rate proposed for each lateral that is reinstated. The manhole centerline to manhole centerline measurement will not be accepted. 16C EX Method Worldwide Installation References U.S. Applications By Miller Pipeline Corporation & Sub-Licensees Revised November 2002 Customer Project Host Service Dia. Length Installatio Pipe in/(mm) Dates Tierrea Contracting Inc. Santa Barbara, CA VCP Sewer 6" 3,450' In Progress Santa Barbara, CA 8" 5,590' l 0" 260' 12" 90' City of Modesto Modesto, CA VCP Sewer 6" 1,939 In Progress Modesto, CA 12" 253 Village of Peebles Peebles, OH VCP Sewer 8" 5,594' In Progress Peebles, OH P & A Construction, Ine Woodbridge Twp. VCP Sewer 8" 3,081 In Progress Colonia, NJ New Jersey City of Amarillo Amrillo, TX VCP Sewer 8" 333' In Progress PO Box 1971 Amarillo,TX 79105 (806)374-5409 Royal American Coast. City of Carrabelle, FL VCP Sewer 6" 1,550' In Progress 1002 W. 23~ St. 8" 2,800 Panama City, FL 32405 Paul Kelley (850)769-8981 Lee County Lee County, FL VCP Sewer 8" 4,100 In Progress 1500 Monroe St Fort Myers, FL 33901 Mike Crumpton (239)479-8151 City of Rochester Rochester, IN VCP Sewer 8" !, ! 77 In Progress 320 Main St. 10" 562 Rochester, lN 46975 City of Eaton Eaton, OH VCP Sewer 8" 1,405' in Progress 328 N. Maple St. Eaton, OH (937)456-4125 City of Hahira Hahira, GA VCP Sewer 8' 1,5000 in Progress ! 02 Church St Hahira, GA 31632 Bonnie Tindall Town of Center Point Center Point, IN VCP Sewer 8" 6,388' in Progress Center Point, IN Town of Mooreland Mooreland, IN VCP Sewer 8" 6,126' In Progress Mooreland, IN Blau Mechanical, Inc. Parkway Place Apts VCP Sewer 6" 330' In Progress 1522 Russell ST Louisville, KY 8" 654' Covington, KY 41011 12" 297' Maureen Rabe (859)291-3159 Harbor Oaks Fruitland Park, FL VCP Sewer 8" 350' in Progress 03390 Picciola Rd. Fruitland Park, FL 38731 George English (352)787-1908 16C5 Martin Co. Utilities Jensen Beach, FL VCP Sewer 8" 365' In Progress PO Box 9000 Stuart, FL 34995 City of Cape Canaveral Cape Canaveral, FL VCP Sewer 8" In Progress 601 Thurm Blvd. 10" Cape Canaveral, FL 32920 12" Walter Bandish 15" (321)868-1240 Windsor Township Red Lion, PA VCP Sewer 8" 3,045 In Progress PO Box 458 Red Lion, PA 17356 Jennifer Gunnet (717)244-3512 LA Co. Sanitation District Worsham Creek VCP Sewer 10" 1,899' in Progress PO Box 4998 Trunk Sewer Whittier, CA 90607 Alma Horvath (562)699-7411 City of St. Augustine St. Augustine, FL VCP Sewer 8" 2,700 In Progress St. Augustine, FL City of Piqua Piqua, OH VCP Sewer 8" 2,060' In Progress 121 Bridge St. 12" 754' Piqua, OH 45356 Dave Davis (937)778-5167 King's Gate Association, Inc. Nokomis, FL VCP Sewer 6" 1,740' In Progress 1500 Kings Way Dr 8" 9,229' Nokomis, FL 34275 Steve Jarrett W. Jackson & Sons const. North Miami Beach, FL VCP Sewer 8" 390' in Progress Pompano Beach, FL City of Piano Piano, TX VCP 8" 3,76 l' 7/02 PO Box 860358 Phase I Piano, TX 75086 Stephen Spencer Phase Il VCP Sewer 8" In Progress (972)769-4142 10" City of Greenfield Greenfield, IN VCP Sewer 8" 1326' 11/01 809 S. State St Greenfield, IN 46140 David Scheiter (317)462-8530 Borough of State College State College, PA VCP Sewer 6" 630' 3/01 I 18 S. Fraser Street 8" 95Y State College, PA 16801 Amy Story (814)278-4717 City of Greencastle Jackson Street VCP Sewer 8" 3,702' 3/01 PO Box 103 Greencastle, IN Greencastle, IN 46135 Ron Smith Greencastle, IN VCP Sewer 8" 541' 11/99 (765)653-3839 Borough of Jefferson Hills Borough of Jefferson Hills VCP Sewer 8" 4,309' 11/00 925 Old Clariton Rd. Jefferson Hills, PA 15025 Jean Statter (412)921 4030 16C5 Lykins Contracting Co Greensburg, IN VCP Sewer 13' 334' 8/00 12783 N. State Road 101 Sunman, IN 47041 (812)623-2244 Co. Sanitation Dist. of LA City of Rosemead, CA VCP Sewer 8" 287' 9/00 P.O. Box 4998 Whittier, CA 90607 Charles Cary (562)699-7411 Metro Wash Airports Authority Ronald Reagan Airport VCP Sewer 12" 152' 8/00 I Aviation Circle Washington, DC Washington, DC 20001 Katherine RuM Indianapolis Museum ot Art Indianapolis, IN VCP Sewer 8" 136' 7/00 100 W. 38'h Street 10" 790' Indianapolis, IN 46208 12" 600' Tom Byfield (317)920-133 I Village o£Pebbles Peebles, OH VCP Sewer 8" 5,594" 7/00 34 S. Nixen Ave Pebbles, OH 45660 Jim Stumpp (614)464-4500 City of Greenville Greenville, OH VCP Sewer 8" 389' 4/00 100 Public Square Greenville, OH 45331 George Luce (937)548-1482 City o£ Delaware Delaware, OH VCP Sewer 8" 1,066' 4/00 255 Cherry Street Delaware, OH Gene Rigby (740)363-9374 P&A Construction, Inc. Woodbridge Twp. VCP Sewer 8" 3,081' 4/00 P.O. Box 28 New Jersey Colonia, NJ 07067 Joe Walsh (732)381-3116 Atlantic Coast Contractors Town of Lovitsville, VA VCP Sewer 8" 2,008' 4/00 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Atlantic Coast Contractors CM UD, Sewer Line VCP Sewer 8" 41 !' 3/00 7680 Townsend Drive Dewatering PO Box 463 Denver, NC 28037 John Butler (704)483-7120 16C5 Atlantic Coast Contractors Woodbridge, NJ VCP Sewer 8" 2,666' 3/00 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7 ! 20 KR Swerdfeger Construction City of Pueble Concrete Sewer 8" 762' 01/00 421 E. Industrial Blve. 12" 2,100' Pueblo West, CO 81007 Ray Swerdfeger (719)547-0242 KR Swerdfeger Construction US Air Force Academy Clay Sewer 6" 928' 12/99 421 E. Industrial Blvd. 8" 605' Pueblo West, CO 81007 Ray Swerdeger (719)547-0242 KR Swerdfeger Construction City of Loveland Clay Sewer 8" 715' 12/99 421 E. Industrial Blvd. Pueblo West, CO 81007 Ray Swerdeger (719)547-0242 Atlantic Coast Contractors MCAB, Cherry Point VCP Sewer 8" 213' 11/99 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Town of Clayton Clayton, IN VCP Sewer 8" 291' 11/99 I 11 E. Kentucky St. Clayton, In 46118 (317)539-2333 Village of Jefferson Village of Jefferson, OH Sewer 8" 2,060' 10/99 27 E. Jefferson Street Ashatubula County Jefferson, OH 44047 Dan Weir (440)576-394 I Atlantic Coast Contractors Iredell County VCP Sewer 15" 198' 10/99 7680 Townsend Drive Staterville, NC PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Atlantic Coast Contractors Town of Colunia Beach VCP Sewer 8" 4,210' 10/99 7680 Townsend Drive I 0" 342' PO Box 463 12" 684' Denver, NC 28037 John Butler (704)483-7120 1685 Geico Services, Inc. Placer County, OR Sewer 10" 1,292' 10/99 2990 Portland Rd Salem, OR 97303 Mr. David R. Phelps (503)364-1199 City of Half Moon Bay Half Moon Bay, CA Sewer 6" 14,380' 10/99 City Hall 8" 2,004' 501 Main Street I 0" 322' PO Box 338 12" 2,427' Half Moon Bay, CA 94019 William Smith (415)726-8260 fax (415)726-9389 Safety Kleen Systems Dolton, IL Sewer 6" 315' 10/99 I Brinckman Way Elgin, IL 60123 Robert Schoepke (847)468-2233 fax (847)468-8510 Kreager Brothers Excavating New Castle Correctional VCP Sewer 10" 942' 10/99 PO Box 80187 Facility Ft. Wayne, IN 46898 Pat Meehan (219)437-5290 Jones-Healy Realors VCP Sewer 8" 180' 5/99 C/O Belmont Shopping Center 119 W. 6th Street Pueblo, CO 81003 Dan Molleto (719)545-8181 (719)545-8188 US Air Force Academy VCP Sewer 6" 3828 6/99 8120 Edgerton Dr. 8" USAF Academy, CO 80840 Joe King (719)333-8400 North Washington St. W&S District VCP Sewer 8" 234 4/99 3172 E. 78m Ave Denver, CO 80229 Alfred Baynes (303)288-6664 fax (303)288-0668 City of Boulder VCP Sewer 8" 3815' 3/99 1739 Broadway, Suite 211 10" PO Box 791 Boulder, CO 80306 Randy Earley (303)441-3266 fax (303)441-4271 16C 5 Trenchless Construction Services Bainbridge Island Clay Sewer 8" 201' 7/99 825 Custer Ave 10" 487' PO Box 5535 Helena, MT 59604 Robert Peccia (406)447-5030 fax (406)447-5046 Trenchless Construction Services Sandpoint Naval Air Station Clay Sewer 6" 296' 7/99 825 Custer Ave 8" 1563' PO Box 5535 10" 542' Helena, MT 59604 12" 2021' Robert Peccia 15" 228' (406)447-5030 fax (406)447-5046 City of Beverly Hills Various Sewer 6" 3015' 9/99 455 N. Rexford Drive 8" 40,365' Beverly Hills, CA 90210 10" 1910' Robert Beste (310)285-2512 Borough of New Milford Clay Sewer 8" 160' 5/99 93 Borough Hall New Milford, NJ 07649 Michael Grambrone (201)967-8172 fax (201 )967-1741 Borough of Haledon Clay Sewer 8" 250' 5/99 407 Belmont Ave Haledon, NJ 07508 Eve Mancuso (201)641-0770 fax (201 )641 - 183 I City of Muncie Walnut Street Sewers Clay Sewer 12" 510' 5150 Kilgore Ave 15" 130' 11/99 Muncie, IN 47304 8" 348' Steve Goodman 10" 310' 9/99 (765)747-4879 Safety Kleen Systems Dalton, IL Clay Process 6" 400' 5/99 ! Brinckman Way Elgin, IL 60123 Robert Schoepke (847)468-2233 fax (847)468-8510 County Sanitation District Arizona Ave Clay Sewer I 0" 2231' 6/99 Los Angeles County 12" 696' 650 S. Spring St. # 900 Los Angeles, CA 90014 (323)685-5217 Boston Water & Sewer Commission Charlestown, MA Clay Sewer 6" 175' 6/99 425 Summer Street 8" 250' Boston, MA 02210 I 0" 6400' Mr. Mike Oliveira 12" 1800' (617)330-9400 15" 1000' 18" 100' City of Morgan Hill Morgan Hill, CA Clay Sewer 6" 300' 3/99 Department of Public Works Morgan Hill, CA (408)776-7318 City of Orlando Orlando, FL Clay Sewer 8" 1621' 4/99 400 S. Orange Ave. Orlando, FL 32801 Mr. Lee Johnson (407)246-3222 Southeast Pipe Survey Tybee lsland Clay Sewer 8" 500' 2/99 Williams Street PO Box 477 Patterson, GA 31557 David Herrin (912)647-2847 City of Corona Corona, CA Clay Sewer 8" 37 I' 2/99 Wastewater Treatment Plant # I 1904 Clearwater Dr. Corona, CA 91720 Ernie Perez (909)736-2484 City of North Miami North Miami Beach, FL Clay Sewer 8" 16,000' 1/99 17820 N.W. 29th Court N. Miami, FL 33065 Mr. Bill Rothman (305)624-1177 Atlantic Coast Contractors Ft. Myers, VA Clay Sewer 6" 70' 1/99' 7680 Townsend Drive 8" 50' PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Southeast Pipe Survey Toccoa, GA Clay Sewer 8" 378' 1/99 Williams Street PO Box 477 Patterson, GA David Hen'in (912)647-2847 Shaw Pipeline San Francisco Concrete Sewer ! 2" 23 I' 12/98 425 Monterey Blvd 15" 147' San Francisco, CA 94127 (415)337-0190 Southeast Pipe Survey Greenville, SC Clay Sewer 8" 1027' 12/98 Williams St. 10" 2723' PO Box 477 Patterson, GA 31557 David Hen'in (912)647-2847 16 5 Metro Washington Airport Authority Washington National Clay Sewer 8" 300' 12/98 Procurement Division 10" 1000' 44 Canal Center Plaza Rm. #301 12" 155' Alexandria, VA 22314 Jeff Peekham (703)417-8667 Clay Sewer 6" 1365' 11/98 Quemetco Inc I 0" 7870 W. Morris Street Indianapolis, IN 46231 (317)247-1303 City of Beverly Hills, CA Clay Sewer 6" 676' 11/98 455 N. Rexford Drive 8" 15,053' Beverly Hills, CA 90210 I 0" 2,542' Rob Besti (310)285-2512 Beta Engineering Westerly, Ri Clay Sewer 12" 357' 10/98 6 Blackstone Parkway Lincoln, RI 02865 Greg Snow (401 )333-2382 City of Maitland, FL CMP Drain 12" 150' 10/98 Public Works Dept Lucie Price (407)539-6203 Florida Cities Water Co. FL Clay Sewer 8" 400' 9/98 Sewer Collection Division Doug Young (941)925-3088 City of Melbourne, FL Clay Sewer 10" 258' 9/98 Melbourne, FL 32934 Bob Lyons (321)953-6399 Orange County Orange County Clay Sewer 8" 1600' 8/98 Public Utilities FL Sewer Collection Division William Telpher (407)86-6845 Atlantic Coast Contractors Ft. Belvoir VCP Sewer 6" 212' 10/20/98 7680 Townsend Drive 8" 1500' PO Box 463 Denver, NC 28037 John Butler (704)483-712O 16C5 Village of New Paris New Paris Sanitary Sewer VCP Sewer 8" 2600' 11/04/98 PO Box 147 New Paris, OH 45347 Nr, Walter Davies (937)456-8143 Borough of Sharpsville Georgetown Sanitary Sewer VCP Sewer 8" 800' 10/28/98 C/O Winslow Engineering Inc. 1720 Valley View road Hermitage, PA 16148 Larry P. Habarka (412)962-7816 Town of Goffstown West Union Street VCP Sewer 8" 2000' 10/I 2/98 51 Depot Street Goffstown, NH 03045 Michael Yergeau (603)497-3617 Atlantic Coast Contractors Ft. Meade VCP Sewer 6" 4000' 9/01/98 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Wood County Wood Co. VCP Sewer 8" 258' 7/98 PO Box 348 I Courthouse Sq Bowling Green, OH 43402 Dan E. Wickard (419)693-6492 City of Oregon Sylvandale VCP Sewer I 0" 320' 7/98 5330 Seaman Road San Sewer Oregon, OH 43616 Michael J. White, P.E. Crestlilne Paving and Excavating Waterville, OH VCP Sewer 8" 2925' 8/98 1913 Nebraska Ave Toledo, OH 43607 Richard M. Hannum (4 i 9)878-8108 ETS Liners Inc. Orlando, FL VCP Sewer 8" 80' 4/98 4998 N. Orange Blossom Trail Orlando, FL 32810 Paul Williams (407)298-4545 ALCOA Bettendorf, Iowa Plant Concrete Industrial Sewer 15' 259' 6/98 PO Box 3567 12" 566' Davenport, IA 52808 Dan Bedell (319)388-9466 16C Atlantic Coast Contractors Ft. Meade, MD VCP Sewer 8" 5000' 4/98 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Atlantic Coast Contractors Halifax, NC VCP Sewer 8" 1195' 2/98 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Town of White Lakes VCP Sewer 6" 363' 2/98 1815 White Lake Road 8" 186' White Lake, NC 28337 Defense General Special Renovation VCP Sewer 6" 300' 1/98 Supply Center Petersburg Pike Richmond, VA 23219 (804)279-3861 Reid Brothers Sharon School VCP Sewer 8" 188' 11/97 PO Box 158 Charlotte, NC Pineville, NC 28134 City of Watsonville VCP Sewer 6" 1010' 5/98 City Hall 8" 1335' 250 Main Street 10" 1517' Watsonville, CA 95076 12" 2443' David Koch (408)728-6049 Don J McMillin Construction Prosser WWTP WA VCP Process 6" 4/98 10411 S. 952 P.R. Kennewick, WA 99338 Don McMillin (509)627-7201 Geico Services Bellingham, WA VCP Sewer 8" 2330' 4/98 PO Box 7716 Salem, OR 97303 Kelly O'Dell (503)364-1199 BRH Garver lnc San Diego, CA VCP Sewer 6" 3000' 6/98 6794 Mission George Road San Diego, CA 92120 Mike Arme (619)265-0537 16C5 ABC Pipe Cleaning Services Ltd. Victoria Island VCP Sewer 8" 305' 2/98 9564 192~ Street I 0" 328' Surrey BC Canada 12" 649' V4N 3R9 Robert Intile (604)888-2618 AT1 Jenkins, KY VCP Sewer 8" 252' 1/98 800 Corporate Drive # 210 Lexington, KY 40503 Robert Garland (606)224-1200 City of New London N. Main Street VCP Sewer 8" 110' 12/97 I 15 E. Main Street New London, OH 4405 l John Cahpin (419)929--409 I Ceccanti Inc. McCord AFB Concrete Sewer 8" 23850' 1/98 PO Box 39 I 0" 1890' Spanaway, WA 98387 12" 3950' Dennis Smith (253)637-2990 City of Shaker Heights Sanitary Sewer Rehab Clay Sewer 8" 3000' 3/98 3400 Lee Road Northeast Quandrant 10" 400' Shaker Heights, OH 44120 12" 1200' John Bush Burgess & Niple (216)354-9700 City of Greenville Sanitary Sewer Rehab Phase II Clay Sewer 8" 2908' 11/97 100 Public Square 10" 1310' Greenville, OH 45331 15" 1264' Steve Nixon, P.E. (937)548-2550 Atlantic Coast Contractors Cara Wind Amusement Park Clay Sewer 8" 330' 7/97 7680 Townsend Drive PO Box 463 Denver, NC 28037 John Butler (704)483-7120 City of Xenia, OH Xenia, OH VCP Sewer 8" 749' 7/97 101 N Detroit Street Xenia, OH 45385 Charles E. Leonard (937)376-7267 Atlantic Coast Contractors Ft. Belvoir VCP Sewer 6" 1800' 7/97 7680 Townsend Drive Concrete 8" 13800' PO Box 463 10" 5000' Denver, NC 28037 John Butler (704)483-7120 City of Delaware Delaware Clay Sewer 8" 300' 6/97 1 South Sandusky St Delaware, OH 43015 Gene Rigby (614)363-9405 Atlantic Coast Contractors Shaw AFB, SC Clay Sewer 6" 174' 8/97 7680 Townsend Drive 8" 4800' PO Box 463 10" 600' Denver, NC 28037 John Butler (704)483-7120 City of Delaware Bid No. 2296 VCP Sewer 8" 5090' 4/97 l South Sandusky St Delaware, OH 43015 Gene Rigby (614)363-9405 City of Kalamazoo Bid Rdf. 955-67-004 VCP Sewer 8" 2550' 2/97 Public Services Dept 10" 33 I' Water Division 415 Stockbridge Ave Kalamazoo,MI 49001 Frank Szopo (616)337-8788 Mitchell & Stark Haubstadt, IN VCP Sewer 8" 757' 1/97 Leon Pottschmidt 10" 375' Town of Vienna, VA IFB 97-06 Concrete Sewer 8" 500' 1/97 127 Center St. South Vienna, VA 22180 John Stockton Director of Public Works (703)255-6300 West Carrollton Ohio West Carrollton, OH Clay Sewer 8" 5500' 3/97 300 E. Central Ave West Carrollton, OH 45449 Rick Taylor (513)859-5184 Allen County Ohio Lima, OH Concrete Sewer 8" 5085' 10/96 Sanitary Engineering Dept 10" 2400' 204 N. Main St., # 301 Lima, OH 45801 Bill Horvath (419)33 i-6080 Atlantic Coast Contractors Morganton, NC Clay Sewer 8" 415' I/97 7680 Townsend Drive l 0" 106' PO Box 463 Denver, NC 28037 John Butler (704)483-7120 Town of Vienna, VA IFB 96-12 Concrete Sewer 8" 2750' 5/96 127 Center St. South Vienna, VA 22180 John Stockton Director of Public Works (703)255-6380 City of Dayton, OH Alley West of North Main St. Clay Sewer 8" 330' 9/95 Department of Public Works City Hall 101 W. 3rc Street Dayton, OH 45402 Joseph R.Weinel (937)333-3333 City of Indianapolis, IN Bridgeport Pipeline Clay Sewer 8' 340' 8/95 Dept of Capital Asset Mgmt. Demonstration Project 10' 320' 604 N Sherman Dr 12' 300' Indpls., IN 46201 John Morgan (317)327-4622 1605 Sample Bid Specification P.V.C. Expanded-in-Place Pipeline Reconstruction 1.00 DESCRIPTION 1.01 WORK INCLUDED: This work shall include the furnishing of all labor, equipment and materials necessary to complete the reconstruction of pipelines as stipulated herein and as shown on the Contract Drawings. As becomes applicable to this specific Contract, the work shall include the preparation of the construction site, including cleaning and flushing of existing piping; flow control bypass pumping; protection of existing conditions during installation work; unloading; hauling; distributing and installation; testing of all pipe, fittings, scaffolding, piping, valves, boilers, etc. and other accessories as required for the proper installation; protection of the site during the life of the Contract, including providing of necessary watchmen, warning lights, barricades, traffic control, dust control and maintenance of detours, as needed; and finally the cleanup of the work site, including maintenance of surfaces such as paving, and seeding, sodding and graveli~ as needed, if damaged. 1.02 INTENT OF SPECIFICATIONS: It is the intent of this Specification to provide for the reconstruction of existing pipelines by the installation of a high strength P.V.C. expanded in place new pipe. Expansion shall be accomplished by ciro~!__ating steam, or other approved method and providing pressure to properly expand the P.V.C. pipe tight against the host pipe. After expansion the P.V.C. pipe shall extend over the length of the host pipe from manhole to manhole in a continuous, jointless tight fitting, watertight pipe-within-a-pipe. The expanded in place pipe reconstruction system shall be the EX Method as produced and manufactured by the Nfiller Pipeline Corporation or equal. 1.03 REFERENCE SPECIFICATIONS: 1.03.1 ASTM D-638 Test Method for Tensile Properties of Plastics D-?90 Test Method for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials D-1784 Specifications for Rigid Poly Cv'myl Chloride) (P.V.C.) Compounds and Clorinated Poly (Vinyl Chloride) (CPVC) Compounds D-696 Standard Test Method for Coefficient of Linear Thermal Expansion of Plastics 16C5 F-1504 Specification for Folded Poly (Vinyl Chloride) (P.V.C.) Pipe for Existing Sewer and Conduit Rehabilitation 2.00 IVL~TERIALS The P.V.C. pipe shall be fabricated to a size that, when installed, will nearly and tightly fit the internal circumference of the conduit. Allowance for longitudinal stretching during insertion shall be made. The minimum length shall span the distance from inlet to the outlet of the respective pipe to be reconstructed. The Contractor shall verify the lengths in the field before starting work. 'The minimum thickness for PVC pipe shall be as verified by design calculations prepared by a professional engineer for each specific pipe location. Unless otherwise specified, the Contractor shall furnish a Poly Vinyl Chloride pipe that meets ASTM Test Procedures D-638 and D-790 and the finished expanded physical strengths specified herein and ASTM F1504 Standard Specifications for Folded Poly (Vinyl Chloride) (PVC) Pipe for Existing Sewer and Conduit Rehabilitation. The expanded pipe shall conform to the-minimumphysical characteristics as listed below.: Physical Characteristics Test Procedure Minimum Value Tensile Strength ASTM D-638 5,000 psi Flexural Strength ASTM D-790 - - 8,000 psi Flemaal Modules ASTM D-790 320,000 psi Coefficient of Thermal ASTM D-696 .00003 infm EF* Expansion · -Source: Handbook of P.V.C. Pipe Design and Construction Uti-Bell P.V.C. Pipe Association The P.V.C.'used for the expanded in place pipe shall conform to ASTM D-1784 cell classification 12334B, 12344B, 13334B or 13223B and as further defined in ASTM F-1504. Compounds that have superior properties to those specified are also acceptable. The P.V.C. compound shall be chemically resistant to w/thstand exposure to domestic sewage. For effluents other than domestic sewage, an analysis shall be performed of the waste stream to determine applicability. The Contractor shall furnish, prior to use of the materials, satisfactory written certification of his compliance with the manufacturer's standards and specifications for all materials. 16C5 3.00 EXISTING CONOmONS Prior to all work, the Contractor shall carefully inspect the area for "present" existing conditions. The Contractor shall verify all existing pipe diameters prior to ordering pipe materials. In the event of a discrepancy, the Contractor shall immediately notify the Engineer. No work shall be performed in an area of discrepancy until it has been fiffiy resolved by the Engineer. 4.00 SHOP DRAWING AND CERTIFICATIONS After the award of the contract and before any pipe system matedals are delivered to the job site, the Contractor shall submit to the Engineer a complete list of all materials proposed to bi furnished and Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, and furnish the manufacturers' recommendations as to the method ofinstallatio~ Upon approval of the Engineer, the manufacturers' recommendations shall become the basis for acceptance or rejection of actual methods of installation used in the work. The Contractor shall not permit any pipe reconstruction component to be brought onto the job site until it has been approved by the Engineer. No pipe shall be reconstructed without prior notification of the Engineer. Each pipe shall be subject to inspection by the Engineer immediately before it is installed and defective pipe may be rejected. Contractor shall submit to the Engineer as part of the shop drawings the manufacturers design calculations for the mlnlrm~m thickness of the pipe materials being supplied. The design calculations shall be developed based on the following parameters: Existing.Pipe Characteristics 1. Assume pipe fully deteriorated 2. Ovality equal to 2 percent bo Soil and Ground Water Charactefistios: 1. Type of soil - olay or actual 2. Soil density- 120 pcf or actual 3. Soil modulus - 700 psi or actual 4. Ground water 2 feet below existing grade or actual do Live Load Calculation 1. AASHTO HS - 20 load at depths shown on plans. 16C5 Design 1. 2. calculations shall show that when utilizing the above noted parameters that: Buckling - Utilizing a safety factor of 2.0, the liner will not buckle Deflection - There will not be more than a 5 percent change in the vertical cross-section of the pipe under the worst baekload condition utilizing a deflection lag factor of 1.5 and a bedding factor of 0.11 Ring Bending - The maximum ting-bending stress will not exceed 50 percent of the ring-bending strength of the liner The Contractor shall submit to the Engineer as part of the shop drawings a detailed resume of the field superintendent who will direct the work. The field superintendent shall have at least two (2) years field supentisory experience in trenddess pipeline reconstruction. The field superintendent shall be on the job full time during any and all steps of the pipe installation. 5.00 CONSTRUCTION The Contractor shall use all means necessary to protect pipe materials before, during and after installation and to protect the installed work and materials of all other trades. The Contractor shall make all required connections to existing pipes and manholes and carry out such work in accordance with local standards and requirements and as directed by the Engineer. Extreme care shall be used to prevent debris from entering existing pipe prior to reconstruction. In the event of damage caused to materials, the Contractor shall make all repairs and replacement necessary to the approval of the Engineer at no additional cost to the Owner. The Contractor shall maintain in operating condition all active pipes encountered during the pipeline reconstruction. The following installation procedures shall be adhered to unless otherwise approved by the Engineer. 5.01 Safety: The Contractor shall carry out his operations in strict accordance with all OSHA and manufacturer's safety requirements. Particular attention is drawn to those safety requirements involving working with hazardous/oombu~'ole material, (if needed), scaffolding (if required) and entering oo~flned spaces. 5.02 Cleaning of sewer'line: It shall be the responsibility of the Contractor to remove all internal debris from the pipeline prior to installing the new PVC pipe. S.03 Inspection of p~pelines: Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed cirextit television. The interior of the pipeline shall be carefully inspected to determine the location of any condition which may prevent proper installation of the new pipe. Defects shall be noted so that these conditions can be corrected. A videotape and suitable log shall be kept for later reference by the Owner. 16C ? 5.04 Bvoassin~ flow: The Contractor, when required, shall provide for the flow around the section of pipe designated for reconstruction. The bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. Once the P.V.C. pipe has been pulled into the host pipe no flow shall be allowed to pass through that section of pipe until the P.V.C. pipe is fully expanded. . S.OS Line obstructions: It shall be the responsib'dity of the Contractor to dear the line of obstructions or collapsed pipe that will prevent reconstruction. Ii'inspection reveals an obstmffdon that cannot be removed by conventional pipe cleaning equipment, then the Contractor shall hydraulically reround the pipe or make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the Owner's representative prior to the commencement of the work and shall be considered as a separate pay item. 5.06 Installation: The method of installation shall be compatible with the manufacturer's reconunended practices. The new pipe shall be inserted into the existing pipe through existing manholes, without modification of manholes, other than minor chipping of manhole channels or removing processing equipment. There shall be no excavation of the roadway to install "receiving" or "sending" pits, unless the length of pipe between manholes exceeds the manufacturers maximum coiling length technology. Preheatinm The Contractor shall supptya suitable heat source to thoroughly heat the full length of pipe to be inserted. The heat or steam used for preheating shall be monitored and regulated as recommended by the pipe manufacturer. The entire length of pipe shall be heated both internally as well as externally prior to installation Pipe !nsmion: At~ the P.V.C. pipe is heated beth internally and externally,_ the Contractor shall pull the P.V.C. into the existing pipe using a winch. The winch shall have s~ffieient capacity to pull the P.V.C. through the host pipe without exceeding pulling tensions as recommended by the manufacturer. Expandin~ 'After insertion is completed, the.contractor shall supply suitable heat source. The equipment shall be capable of delivering steam through the pipe section to uniformly raise the temperature to effect forming of the PVC pipe. The steam for processing shall be monitored and regulated as recommended by the pipe manufacturer. The new pipe shall be expanded until pressed tightly against the existing pipe wall. After the P.V.C. pipe has been fully expanded and held in that position for the 16C5 required period, the steam pressure shall be replaced with ak pressure cooling the pipe to 100EF or lower. 5.06.4 S.06.S $.06.6 If the pipe falls to form, the Contractor shall remove the failed pipe and replace it with a new pipe. This work shall be performed without additional cost to Owner. After the pipe has been formed and cooled the ends of the pipe shall be cut away at both manholes and the ends shall be cuffed up to lock the pipe in place. Finish: The finished liner pipe shall be continuous over the entire length of mn between two manholes and be as free as commercially practical from visual defects such as foreign inclusions and pin holes. It shall also meet the leakage requirements or pressure test specified. Any defects which will affect in the foreseeable future or warrant period, the integrity or strength of the new P.V.C. pipe shah be repaired at the ' Contractor's expense. Any nos resulting in the cross sectional area of the pipe shah be removed or the pipe replaced in its entirety unless approved otherwise by the Engineer. Sealing at Msmhole~: ~ due to broken or offset pipe at the manhole wall, the pipe fails to make a fight seal, the Contractor shall apply a seal at that point. The seal shah be of a resin mixture compatible with the pipe material. Service Connections: At~er the pipe has been expanded in place, the Contractor shall reconnect the existing active service connections. The ConUactor shall be responsible to confirm the active laterals prior to reconnection. This shall be done without excavation from the in~rior of the pipeline by means of a television camera and a cutting device that re- establishes the service' connections to not less than 90 percent capacity. Clean-Up: The Contra~or shall restore or replace all removed or damaged paving curbing,' sidewalks, gutters,'shmbbery, fences, sod or other dismflxxt surfaces or structures in a condition equal to that before the work began, to the satisfaction of the Engineer, and shall furnish all labor and material incidental thereto. Surplus pipe, tools and temporary structures shall be removed by the Contractor. All din, rubbish and pipe material from the operation shall be legally disposed of by the Contractor. 16 5 6.00 TESTING The Contractor shall provide a pipe "coupon" specimen from each mn of pipe for testing, at~er installation, by an approved laboratory. All expenses for the testing of these specimens will be paid by the Owner. The cost of retests made necessary by the failure of the samples of specimens to meet the specified requirements shall be p~d for by the Contractor. As part of the testing requirement, upon completion of the installation, a visual inspection shall be performed of the pipe expanded in place via a closed circuit television camera. A videotape (VI-IS) of the inspection shall be provided to the Owner. 7.00 WARRANTIES AND PATENTS The Contractor shall Warrant all work to be free from defects in workmanship and materials for a period of one year from the date of final completion of all construction. The Contractor shall Warrant and ~ve harmless the Owner and his Engineer against claims for patent infringement and any loss thereof. Trenchlese Pipe Reconstruction methOd® - The SuperiorS°lution For Fast Installation, High Quality Trenchless Pipe ReconstructiOn method® Reconstruct SeWer Pipes, Water Lines, House Service Connections and Industrial Pipelines with Minimal or No Excavation from Miller Pipeline A Stronger, Faster, and More Versatile Method of Pipe Reconstruction For municipalities and industries that can't afford the time and expense to dig up damaged pipes, there is a fast, high quality solution. Miller Pipeline, the industry leader in trenchless tech- nology, offers the EX Method to recon- struct sewer pipes, water lines, house service connections, and industrial pipelines with minimal or no excava- tion. The trenchless installation of the EX Method means that there is no disruption to the natural environment or to urban residential areas. Superior Strength Combining the unsurpassed strength of PVC with Miller's industry-proven expertise with trenchless installations, the EX Method is the ideal, permanent, and most cost-effective solution to pipe reconstruction. Manufactured under strict quality procedures using odor- less, environmentally safe materials, the EX Pipe is formed-in-place not cured-in-place, so factory controlled, uniform quality is assured for every installation. The superior strength, flexibility, and elasticity of the EX Pipe allow it to withstand ground movement. Cracking of the host pipe from the trauma of earthquakes can be readily withstood by the EX Pipe without effecting its integrity. Versatile Application The EX Pipe is a PVC resin pipe that is continuously inserted, using existing manholes, while being heated and soft- ened. After insertion, the pipe is then expanded to fit tightly within the host pipe, resulting in a continuous, jointless pipe-within-a-pipe. The in- stalled pipe is a high-quality material that exhibits excellent strength and shape retention. The new EX Pipe is resistant to both internal and external pressures, eliminating water infiltration and exfiltration, root intrusion, and soil loss through open joints. The EX Pipe can be installed in lines with bends up to 90° with minimal wrinkles, through manholes, and in pipes with small diameter changes. Also, in conjunction with the installation of a cleanout, EX Pipe can be readily installed in house service connections to further solve leaking, cracked, and deteriorating laterals. Fast Installation A new Ex Pipe can be installed in a matter of hours, not days or weeks (as is normal for field-cured systems and dig-and-replace methods). When work is completed, the new composite structure exhibits maximum durability and corrosion resistance, with no loss of flow capacity. The EX Pipe can be installed through manholes, and can accomodate small diameter changes . A new Ex Pipe &an be installed in a matter of hours, not days or weeks, as is normal for field-cur~.d systems and dig-and-replace methods. And because the EX Pipe is formed-in-place, a factory-controlled, uniform quality is assured for every installation. EX MethOd Advantages · Trenchless · Joint{ass · Stops Infiltration · Stops Root Intrusion · improves Flow Characteristics , Reduces Pipe Maintenance · Resistant to Chemicals · Resistant to Abrasion · Fast Installation · High Strength P.V.C. · Material of Choice for New Pipe · No Folds or Ribs · Formed-in-Place not Cured-in-Place · Structural Designs · Meets ASTM F 1504 · Low Coefficient of Expansion · Environmentally Safe · High Pipe Stiffness · Smooth Pipe Finish · Controlled Heating During Installation · Flexible Pipe Size Applications EX Pipe Flow Characteristics Flow Capacity Before EX Pipe Installation Flow Capacity After EX Pipe Installaton Original pipe "n" "n"= 0.009 (DR 35) 0.010 95% 0.011 104% 0.012 114% 0.013 123% 0.014 133% 0.015 142% 0.021 199% With an extremely smooth material surface and only minimal reduction of pipe diameter, the new EX Pipe meets or exceeds the flow capacity of the original pipe- while forming a new, exceedingly strong and corrosion-resis- tant pipe-within-a. pipe. The Ex Pipe can be installed in lines with bends up to 90°, with minimal or no wrinkles. Material Specifications EX Pipe is produced from a base of PVC, conforming to ASTM D-1784 cell classification 12334-B, meeting ASTM F 1504-Standard Specifications for folded Poly (Vinyl Chloride) (PVC) Pipe for existing sewer and conduit rehabilitation. The PVC material is specifically designed to meet the stringent requirements of the EX Method of pipeline reconstruction. A hard plastic, the EX Pipe delivers high strength, chemical resistance, earthquake resistance and excellent abrasion resistance- resulting in a superior product with long term stability. EX Pipe- Physical Properties Flexural Modulus of Elasticity Flexural Strength Tensile Strength Coefficient of Thermal Expansion ASTM D-790 340,000 psi ASTM D-790 9,000 psi ASTM D-638 6,000 psi 3.0 x 10-5 in / in ° F The superior strength and resilience of the EX Pipe has been proven not only in extensive lab tests bUt also in the field, including major earthquakes. Test of Resistance to Internal and External Pressure Test of resistance to external pressure Method: A length of the EX Pipe executed (solid pipe around it partially) was subjected to water pressure from the outside and changes were observed. Result: No change was observed in the .EX Pipe even at 15 psi of pressure (underground water level of 35 feet). Test of resistance to internal pressure Method: A length of the EX Pipe alone (no solid pipe around it) was subjected to water pressure from the inside and its resisting strength was measured. Result: No change was observed in the EX Pipe even at 215 psi of pressure. JI 4" 30" 8" 30" 4" Free Restrained Ir~ 6o" (1500 mm) II r- t = 2.75" Earthquake Resistance Test ~ Static tensile strencl_th test (lOOO mm) (1000 mm) Method: A solid pipe in two sections was lined with a single length of the EX Pipe. The Ex Pipe was stretched horizontally to 2.75" (70mm) longer than its original length and its behavior was observed. (The pipe is fixed at both ends.) Result: No change was observed in the EX Pipe stretched by 2.75" (70mm). Static bend test--I~ Method: Downward pressure on one section of the solid pipe was increased step by step and change in position (angle of disloca- tion) was measured. Result: No change was observed in the EX Pipe even when the angle of dislo- cation was more than 10'. Dynamic bend test Method: A shock was inflicted on the pipe from above and then the resulting angle of dislocation was measured. Result: No change was observed in the EX Pipe even when the angle of dislocation was more than 8'. Weight: 220 lbs (1...00 kg) EX Pipe is a PVC pipe which is installed in underground pipelines without excavation. The Ex Pipe material Is first heated from a hard rigid state to a soft but workable consistency; expanded tightly into the existing pipeline; then cooled to regain its hard, high strength and dUrable, rigid state. Installations are normally completed in several hours, minimizing disruption to the public. The EX Pipe can be installed in pipes from 4 to 15 inches in diameter. - ............ ~ .............. .-::- ..... Installation Step 1:TV inspection and pipe cleaning ':-::' "?':;:::.:~ Step'2: EX Pi pei-nstailatioi~ In'the. host` pipe ...... 1: The existing pipe Is first cleaned and tele- vised. Protruding service connections are re- moved; partially collapsed sections are then repaired or rerounded; and all debris in the pipe is removed and properly disposed of. A detailed video of the pipe's condition is produced. 2:The EX Pipe contained in the pipe warmer { · . trailer is preheated to soften the PVC material. I Once softened the EX Pipe is winched through ~ the existing manhole into the pipe to be recon- ! structed. Winching continues until the EX Pipe t:ii~i~ reaches the next designated manhole. ..' ,~.: ¥~ : ; : : 7-: . ·: ., ......, .... .... .. :;~ ? ,.:::.;.: Step 3: EX Pipe expansion and shaping ". Step 4: Service connection reinstatement 3: After the EX pipe is winched into the exis- ting pipeline, steam and pressure are applied to expand the PVC tightly against the host pipe. Steam is then replaced by air, while maintaining a constant pressure, and the PVC is cooled. The PVC is trimmed at each pipe end and excess material is removed from the manhole. 4: After cooling of the PVC pipe the house ser- vice connections are reopened using a specially designed robotic cutting device and a closed circuit television camera. The EX Pipe Installation is then complete;- having taken only hoUrs, not days, and accomplished without excavation. The new EX Pipe is now ready for use. :.. Other Trenchless pipeline rehabilitation technologies available from Miller Pipeline: Pipe replacement and upsizing: · XPANDIT® ~} Pipe joint testing and repair: · AMEX.10® / WEKO-SEAL® ~) Vacuum excavation: · VAC-HOE ® Visit Miller Pipeline's Homepage at: http://www, mpc-tech.com E-mall Miller Pipeline at: mpc@iquest.net © Copyright 1996 Printed in the USA method® Trenchless Pipe Reconstruction t; Miller Pipeline will be glad to discuss your sewer, - water, service connection and Industrial pipeline needs. For further information, or to arrange an on-site inspecti,~, please contact us. Headquarters: Miller Pipeline Corp. Products and Services Division P.O. Box 34141 Indianapolis, IN 46234 Phone: 317 · 293-0278 Toll-Free: 800 · 428-3742 Fax: 317 ° 293-8502 New Jersey Operation: Miller Pipeline Corp. · ?'"Products and Services Division 378 Whitehead Ave. South River, NJ 08882 Phone Toll-Free: 800 · 524-1002 Fax: 908 ° 238-2265 . Oakland~ California Operation: Miller Pipeline Corp. Products and Services Division 8977 Railroad Ave. Oakland, CA 94621 Phone Toll-Free: 800 ° 669-7731 Fax: 510 · 562-0929 r Ohio Operation: Miller Pipeline Corp. Products and Services Division 210 South Broadway Green Springs, OH 44836 Phone: 419 · 639-2091 Fax: 419 ° 639-3824 · Santa Fe Springs, California Operation: Miller Pipeline Corp. Products and Services Division 11819 Burke Street Santa Fe Springs, CA 90670 Phone: 562 · 693-5087 Toll Free: 800 .. 437-7207 Fax: 562 · 693-8248 Texas Operation: Miller Pipeline Corp. Products and Services Division 1210 West Scyene Rd, Suite B Mesquite, TX 75149 Phone: 214 · 329-3377 Fax: 214 · 329-3388 Pipeline 'Corp. r Products and Services Division A subsidiary of IWC Resources Corporation The leader in trenchless pipe rehabilitation MEMORANDUM Date: To: From.- March 20, 2003 Lyn Wood Purchasing Department Trish Morgan, Deputy Clerk Minutes & Records Department Contract with Insituform Technologies, Inc. Contract #: 03-3455 Enclosed are three original documents, as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, February 25, 2003. If you should have any questions, you may contact me at ext. 8406. Regards, Enclosures AGREEMENT 16g ...... THIS AGREEMENT, made and entered into on this 25th day of February, 2003, by and between Insihaform Technologies, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: o COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 25, 2003, and terminating on February 24, 2004. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall furnish and deliver Category A, Cured-in-Place Pipe Lining as primary vendor, Category C, Pipe Bursting, and Category D, Work Tasks Common to All Technologies in accordance with the terms and conditions of the specifications of Bid #03-3455 and the contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Page 1 o o 16C5 Richard T. Howton, Contracting and Attesting Officer Insituform Technologies, Inc. 11511 Phillips Hwy. S. Jacksonville, Florida32256 Telephone: 1-800-633-8362 FAX: 904-292-3198 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to 2 continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: go Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 16C5 11. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 4 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, ail of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #03-3455 Specifications and Addendum/Addenda. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ..-'~? .......... c~,.; Dwight E. g'.r,~,~k)k;~C!.erk,bf C~urts Dated: ', ~'~,..: ,~/ ~: First Witness Richard T. Howton ~'Type/print wimess name~' " Second~itness Suzan G. Herrmann ?Type/print witness name'~ Approved as to form and Robert Zacha/y Assistant County Attorney BOARD OF COUNTY COMMISSIONERS B;Tnn~d~ Tom Henning, Cha~o301" INSITUFORM TECHNOLOGIES, INC. By: Contractor -//Signature~ Randy Hansbrough District Manager Typed signature and title Dated: March 3, 2003 CORPORATE SEAL (corporations only) Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1605 Page 6 SPECIFICATIONS These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing and delivering Trenchless Sewer System Rehabilitation Contracting Services. SCOPE OF WORK The intent of this bid is to obtain competitive bid prices in order to establish an annual contract for on-call trenchless sewer system rehabilitation contracting services. The successful contractor will be required to enter into a contract with the Board of County Commissioners, Collier County, Florida for these services. PROJECT DESCRIPTION This project will provide the Owner with installation, repair and replacement work on sanitary sewers and manholes as directed by the Owner. Typical projects, which may be authorized, are listed below. The list is only representative of possible projects. The Owner is not limited to the projects on-the list. Likewise, any project listed below may not be authorized. Typical projects are as follows: Total repair of existing sanitary sewer lines and service laterals at various locations by trenchless sewer lining rehabilitation methods. In these projects, the whole .sewer length from manhole to manhole will be relined and service laterals reconnected. · Pipe replacement or upsizing of existing sewer lines by the pipe bursting methods including reinstatement of service lateral connections where required. MINIMUM QUALIFICATIONS The vendor must be and must have been in business for the last three (3) years in providing Trenchless Sewer System Rehabilitation Contracting Services and also have met the additional qualification requirements wherever specified in the Technical Specifications. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services The selected contractor(s) will be responsible for providing complete construction services for a wide range of projects as may be required by Collier County. The selected firms will be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. REFERENCES The vendor must include in the bid, a list of five (5) current customers to which trenchless sewer system rehabilitation contracting services have been provided. References must be current, three years or less. A contact person and telephone number shall be provided in the Statement of Experience. SUPERINTENDENT AND SUPERVISION The successful Contractor shall provide for any work performed under this contract a competent superintendent and any necessary assistants, all approved by the County. The superintendent shall be present at all times while work is in progress. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. MATERIALS, SERVICES AND FACILITIES The Contractor will provide all standard materials to be used on all jobs, except in jobs as determined by the County, where the County may provide the standard materials. The Contractor shall provide special material or materials not readily available to the County. This will also include special equipment or tools to be used to expedite the job; i.e., air compressor, paving breakers, night-lights, etc. The County is to be notified of any special equipment needed, out of the scope of the Contract, prior to it being used. The cost to the County will be cost plus percentage markup. Invoices for material costs will be verified by backup invoices showing Contractor's actual cost. MOBILIZATION AND DEMOBILIZATION The Contractor shall be responsible for mobilization and demobilization of labor, materials and equipment. Payment for mobilization and demobilization will be based on the unit price indicated in the Bid Proposal for mobilization and demobilization depending on the work scope defined per work order. Mobilization and demobilization costs are a separate pay item, to be paid only if the work order requires less than one thousand two hundred (1,200) linear feet of trenchless sewer rehabilitation. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services SCHEDULING The Contractor shall plan the work and carry it out with minimum interference to the operation of the existing facilities. Prior to starting the work the Contractor will confer with the Owner's representative to develop an approved work schedule, which will permit the facilities to function normally. Work on existing structures and facilities shall be performed on a schedule and in a manner that will permit the existing facility to operate continuously. No work shall be started until the Contractor has sufficient manpower, equipment, and material to complete the project. No work shall commence without the express consent of the Owner or his designee. All projects must be started within thirty (30) days of receiving a purchase order for a project. SHUTDOWN OF EXISTING OPERATIONS OR UTILITIES The continuous operation of the Owner's existing sewer system is of critical importance. The Contractor's operation shall not result in the interruption of sewer services to any customer. BID BOND REQUIREMENTS No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than one hundred thousand dollars ($100,000). (See Exhibit B.) The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services No Bid, including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period, it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. in the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise authorized by the Purchasing Director. PAYMENT AND PERFORMANCE BONDS Florida State Law requires payment and performance bonds for any project exceeding $200,000 and County Policy requires bonding for any project where payment will be spread out over a series of payments and/or where the project's duration will be in excess of thirty (30) days (Exhibit "A"). While the intended use of this contract is not for the type of services discussed above, please be advised that the County may, at its discretion, require payment and performance bonds prior to such work being performed. SUBCONTRACTORS The Contractor may utilize, with prior approval of the County, specialty contractors on those parts of any work which, under normal contracting practices, are performed by specialty contractors. RELEASE OF CLAIMS Before final acceptance of the work and final payment by the County, the Contractor shall furnish to the County proper and satisfactory evidence (See Exhibit C), that all claims for labor and materials employed or used at the construction of said work have been settled and there are no legal claim(s) against the County for such labor and materials. If such evidence is not furnished to the County, such amounts, as many as may be necessary to meet the unsatisfied claims, may be retained from monies due to the Contractor under this contract until the liabilities shall be fully discharged. ACTUAL WORK PERFORMED All work performed shall be warranted, where specified for each job, for either a period of one (1) year or three (3) years, from the date of installation, and must meet or exceed Collier County Water- Sewer Ordinance 98-53 and 2002-53, including all amendments, and be done in a safe and professional manner. TECHNICAL SPECIFICATIONS The construction requirements and specifications are described in Exhibit "D" - Technical Specifications for the various methods listed in the Contract Proposal Bid Form. All other related work requirements, not described herein, must meet or exceed Collier County Water-Sewer Ordinance 98- 53 and 2002-53, including all amendments. Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services Page 10 DEFECTIVE WORK All work performed by the Contractor, not in accordance with the intent of the plans and specifications, will be rejected and shall be removed immediately by the Contractor and replaced by suitable and satisfactory work at no additional cost to the County. DAMAGE TO WORK Until final acceptance of the work by the County Wastewater Collections Utility Department, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the work by action of the elements or for any other cause. The County will not be responsible for or pay for damage while under construction. PROJECT RESTORATION The Contractor will restore all work sites to the condition they were in prior to the start of work on the project. BARRICADES~ GUARDS AND SAFETY PROVISIONS To protect persons, including the workmen, from injury and to avoid property damage and damage to the work, adequate barricades, construction signs, torches, red lanterns, and guards as required shall be placed and maintained by the Contractor during the progress of the construction work and in the case of work on or near traveled roadways until it is safe for traffic to use the highway. All material piles, equipment, pipe, excavations and mounds of earth that may serve as obstruction to traffic shall be protected by proper lights when the visibility is poor. The rules and regulations of the authorities regarding safety provisions shall be observed. The Contractor shall carry on work in a manner which will cause the least interruption to both vehicular and pedestrian traffic, and not more than two (2) consecutive blocks shall be closed to through travel, including the cross street intersected. Safe and suitable means of ingress and egress to and from all public and private properties shall be provided during construction. Where traffic must cross open trenches, suitable bridges shall be provided at street intersections and driveways. The Contractor shall be held liable for any property damage or personal injury resulting from failure by the Contractor to take adequate safety precautions, and shall indemnify the County and Engineer or his representative from ail claims arising from such negligence. The Contractor shall be responsible, in all respects, to conduct his operations in compliance with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Health and Safety Act of 1980 (PL- 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL- 91-54). Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 11 Bidder must include in the various work items of the proposal the costs for complying with the Florida Trench Safety Act, Chapter 553, Part VI, Florida Statutes and the Collier County Maintenance of Traffic Policy, a copy of which is available in Purchasing or Risk Management PROTECTION OF PROPERTY AND OBSTRUCTIONS Adequate protection and maintenance of all underground and surface structures, drains, sewers and other obstructions encountered in the progress of the work shall be the responsibility of the Contractor. If necessary, temporary support shall be installed by the Contractor. Any structures which may have been disturbed shall be restored as soon as possible to their original condition. Any damage to existing structures or utilities shall be immediately repaired or paid for by the Contractor at no expense to the County. FINAL CLEAN UP Before the work is considered complete, all rubbish and unused material due to or connected with the construction must be removed and the premises left in a condition satisfactory to the County. All damaged areas shall be restored as directed by the County. All excess earth shall be hauled to a location as designated by the County. Final payment shall be withheld until such work is completed AVAILABILITY OF CONTRACTOR Contractor, by signing bid proposal, hereby agrees to give County projects first priority and to be available to the County within a reasonable period of time. The County hereby reserves the right to contract with a secondary contractor. BID SUBMITTALS The bid submittals for materials manufacturers and bidder's statement of experience should include company brochures and literature describing the various methods and materials for the rehabilitation technologies specified. TERMS OF CONTRACT This contract will commence on the date of award by the Board of County Commissioners, and be in effect for one (1) year. CONTRACT RENEWAL The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for three (3) additional one-year periods, renewable annually. Any unit price adjustments requested by the Contractor shall be based on the consumer price index (CPI). Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annual change to the Consumer Price Index-Southern States for the immediate twelve-month period preceding the renewal of the Agreement. The Owner will determine the value of this annual adjustment. If the County determines to renew this Agreement, it shall provide the Contractor written notice of such renewal thirty (30) days prior to the termination of the contract term then in effect. TERMINATION Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s). The County reserves the right to award this contract through an approach which best serves the interests of the County; i.e., to a single vendor, multiple vendors, by a primary/secondary vendor basis, or on a category-by-category basis. Please note: Categories A or B or C (or preferably more if the bidder can provide services for at least a combination of two (2) or more of these first three (3) categories) and Category D must be completed in order to be considered responsive. This means that a maximum of four (4) primary contractors, one (1) for each of the four (4) technologies specified, may be selected with the following combinations described below: 1. Cured-in-Place Contractor (A plus D). 2. Fold-and-Form using HDPE Pipe Contractor (B1 plus D). 3. Fold-and-Form using PVC Pipe Contractor (B2 plus D). 4. Pipe Bursting Contractor (C plus D). The above four (4) combinations suggested do not limit bidders to bidding for more categories. For example, the Bidder for Combination No. 1 (A plus D) may be able to provide additional services for one (1) or more of categories B and C and include them in their bid proposal. The County will evaluate this bid proposal on a category-by-category basis for lowest bid and experience qualifications, and make selections that are in the best interest of the County. Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services Page 13 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112~ Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. CONTRACT EXTENSION If work has begun on a project under this contract but is not completed by the contract expiration date, the contract shall automatically extend until completion of the project. ACORD. 16g5 CERTIFICATE OF LIABILITY INSU PRODUCER 03/03/03 THIS CERTIFICATE IS ~SUED AS A MATT~'~ OF iNFORMAtiON HOLDER. THtS CERTIFICATE DOES NOT AMEND, EXTEND OR Lockton Co~anies/St. Louis. 3 Citl~place Drive, Suite 900 St. Louis ~0 63141 Phone:314-432-0500 ~JSURED INSITUFO~M TECHNOLOGIES, INC. P.O. BOX 41629 JACKSONVILLE, FL 32203-1629 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 1NSURER A: INSURER B: L~bert¥ Mutual Fire Insuranoe T.~hert¥ Insurance Corp. INSURER C: ~NSUR~R o: INSURER E: LTR ~ ~E OF [NBU~KE ~ NUMBER DA~ (M;~ G~~ ~CH ~COERENCE Slr 000 ~000 A ~ C~MERC~GEN~LI~IL~ RG2-641-004218-032 0~/01/02 07/01/03 ~ FmE~(~ S 100r000 MED ~P (~ ~ ~) ' S 10r000 occur, ~ I~E~~ CO.R:, ~ ~/~~ ~ IP~RSO~S~VmJU~ sl~000~000 X ~ B~ ~ O~ g~RO. o~t~a~m ~000~000 GEN'LAGGRE~LIM~PLIES PER: Bl~t ~onal In~g~ PRODUCTS-COMPIOPA~ $ 2 f o00,o0o J AUTOMOBILE ~[U~ COMBINED SINGLE MMIT S i; 000 ~ 000 ~ X ~A~o ~2-641-00421B-022 0~/0[/02 0~/01/03 (Ea~) .. L OWNED A~OS ~ ~DZ~[~ ~ BODILY INJURY , HIRED A~OS BODILY I~URY $ (Per X NONSKED A~OS . PROPER~ D~E ~ (Per ~) ~GE ~B[~ A~O ONLY - AO O~ER ~AN ~C A~O ONLY: AGG ~C~ L~=L,~ ~CH ~CURRENCE $ DEDUCTIBLE ~ION $ $ ~ ~MPEN~ON AND ~ ~ToRyWC STAT~L~ OIH-ER ~ eaPLO~S' ~=U~ ~-64D-00 9004-442 0~/0~/02 0~/0~/03 EL. ~CH ACCIDE~ $1f0001000 B ~?-~z-004=zs-oz= ~) 07/01/02 07/01/03 E.L DIS~E-~EM~0~ $1 ~ 000., 000 E.L. ms~s~-,oucY uu~ s [ ~ 000,000 O~ o~P~ON OF Op~ON~OCA~N~EmC~CCUmONS ~DED 8Y ;NDORS;M;NT=~ P~O~ONS Settees. Collie= County ~oa=d oE Co~ Co~; ss~o~e=a ~s ~ne[a~ed =s A~itional Insured ~der General Li~ilit~ G Auto Li~ili~ as respects ~e operations of the Insured. HOLDER I N'1ADOfrlONAL INSURED; INSURER LETTER: CERTIFICATE 7COLL02 COLLIER COUNT~ BOARD OF COUNTY C0~ISSIONE~S 3301 E. TAMIAMI TRAIL ~APLES FL 34112 CANCELLATION BHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C, ANC;ELLED B[~-~"~. THE ~XPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVO~ TO ~ ~ DAY~ WI~'TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F/tJLURE TO DO ~O SHALL IMPOSE NO OBLIGATK)N OR LL%BILITY OF ANY KiND UPON Tile INSURh'R, ITS A~.NTS OR REPRE~ENTATIVE~. ©ACORD CORPORATION 1986 ACORD 25..S (7197) 16C5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, th~ policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cediflcate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Ce~ficate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and lhe certificate holder, nor does it affirmatively or negatively amend, extend or aller the coverage afforded by the policies listed thereon. AC;C}KD 25-~ (7/97} Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services Page 14 1685 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a Limit of $1,000,000 each accident. X 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S,O, form with no limiting endorsements, Bodily Injury & Property Damage. $1,000,000 Single Limit Per Occurrence X Indemnification: The ContractorNendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorJendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorJendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorJendor's limit of, or lack of, sufficient insurance protection. The first Ten Dollars ($10.00) or money received on the contract price is considered as payment of this obligation by the County. X Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence N/A o Other Insurance as indicated below: a) Professional Liability $ -0- b) Builder's Risk $ -0- Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1685 Page 15 Collier County Florida Insurance Requirements (Continued) X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 16C5 ' Page 16 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · Bid Number; · Bid Title; · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDSlRFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Signature & Title l-q Date o Bid No. 03-3455-Trenchless Sewer System Rehabilitation Contracting Services 16C5 Page 17 CONTRACT PROPOSAL BID FORM FRO M: --~'-~ 1~.~ ~ VO GO~,~ -["¢~-~ ia OL.O~,~5 DUE: January 9, 2003 at 2:30 pm Board of County of County Commissioners Collier County Government Center 3301 East Tamiami Trail 'Naples, Florida 34112 RE: Bid No. 03-3455: Trenchless Sewer System Rehabilitation Contracting Services" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for providing "Trenchless Sewer System Rehabilitation Contracting Services" per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: __% Addenda received (if applicable): #1 __ Material Manufactured? Statement of Experience of Bidder List of Subcontractors? Days; Net 30 Days " #2 #3 Yes I--7]. No [] Yes~/ No [] Yes No [] Proposal continued on next page Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services PROPOSAL (continued) The prices offered shall be based on a unit price amount. Where the Contractor is not able to provide for any item described, the Contractor shall indicate N.B. (no bid) in the space provided for that item's unit price. Mobilization and Demobilization, per iob (none if work order is for more than 1,200 LF). $ Cost Plus Percentage Markup for Special Materials, Tools or Equipment /0 % Item A A1 A1.1 A 1.2 A1.3 A 1.4 A1.5 A1.6 A1.7 A1.8 A1.9 A1.10 A1.11 A 1.12 A1.13 A 1.14 Description CURED-IN-PLACE PIPELINING TECHNOLOGY Cured-in-Place Pipe Lining 8" diameter (0 to 5 ft deep) 8" diameter (5 to 8 ft deep) 8" diameter (8 to 12 ft deep) 8" diameter(12 to 16 ft deep) 10" diameter (0 to 5 ft deep) 10" diameter (5 to 8 ft deep) 10" diameter (8 to 12 ft deep) 10" diameter (12 to 16 ft deep) 12" diameter (0 to 5 ff deep) 12 "diameter (5 to 8 ft deep) 12" diameter (8 to 12 ft deep) 12" diameter (12 to 16 ft deep) Reinstatement of Service Laterals Add Mobilization/Demobilization if Jess than 1,200 LF, per job CATEGORY A TOTAL Unit Price $. ,LF $. 32,~° LF $ ~Z,°~-° LF $ ~ ~ LF $ ~,.~ ~ LF $ ~5~'~'~ LF $ .~ ~ LF $ ~5''%~'-u LF $ Z_~-°~° LF $ ~5-~-~''~ LF $ ~,~"~-~' LF $ EA $ / 0---'~ EA $ B B1 B1.1 B 1.2 FOLD-AND-FORMED TECHNOLOGY Fold-and-Formed Pipe Lining Using HDPE 8" diameter (0 to 5 ft deep) 8" diameter (5 to 8 ft deep) $ /L)/~ LF Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services PROPOSAL (continued) Item BI b 1.3 B 1.4 B !.5 B 1.6 B 1.7 B1.8 B 1.9 B1.10 B1.11 B 1.12 B1.13 B 1.14 Description Fold-and-Formed Pipe Lining Using HDPE (continued) 8" diameter (8 to 12 ft deep) 8" diameter (12 to 16 ft deep) 10" diameter (0 to 5 ft deep) 10" diameter (5 to 8 ft deep) 10" diameter (8 to 12 ft deep) 10" diameter (12 to 16 ft deep) 12" diameter (0 to 5 ft deep) 12 "diameter (5 to 8 ft deep) 12" diameter (8 to 12 ft deep) 12" diameter (12 to 16 ft deep) Reinstatement of Service Laterals Add Mobilization/Demobilization, if less than 1,200 LF per job CATEGORY B1 TOTAL 0nit Price $ /~..~ ~ LF $ _,/~ LF $ .~_~ LF $ ~ LF $ LF $ /I,/-_~ EA $ ,/~/,-~ EA B B2 B2.1 B2.2 B2.3 B 2.4 B2.5 B2.6 B2.7 B2.8 B2.9 B2.10 B2.11 B2.12 B2.13 B2.14 FOLD-AND-FORMED TECHNOLOGY Fold-and-Formed Pipe Lining Using PVC Pipe 8" diameter (0 to 5 ft deep) 8" diameter (5 to 8 ff deep) 8" diameter (8 to 12 ff deep) 8" diameter (12 to 16 ft deep) 10" diameter (0 to 5 ft deep) 10" diameter (5 to 8 ft deep) 10" diameter (8 to 12 ft deep) 10" diameter (12 to 16 ft deep) 12" diameter (0 to 5 ff deep) 12 "diameter (5 to 8 ft deep) 12" diameter (8 to 12 ft deep) 12" diameter (12 to 16 ff deep) Reinstatement of Service Laterals Add Mobilization/Demobilization, if less than 1,200 LF per job CATEGORY B2 TOTAL $ LF $ LF $ LF $ LF $ LF $ LF $ LF $ LF $ LF $ LF $ LF $ EA $ / EA $ ~ 'FROM BOB BOYER ITl PHONE NO. ' 813 651 9814 ......... · '"'~'"~'"'~ ¥~.1 I~Z UN4~4 [~)c NO. 03...~4~');P. nc~l¢~ $~ver ~/Stem Re~abfl~tat~n ~ent~ct~rg Seryico8 C CI C1.1 C1.2 Cl.3 C 1.4 C 1.(~ C 1.7 C1,8 C 1.9 C 1.10 C 1.11 C 1.12 PROPOgAL (continued) PIPE BUR~ITING METHOD OF PIPE REPLACEMENT Pipe Bum~lg Method Pipe Replacement with HDPE Pipe 4" diameter (0 to 40-14 ft deep) 8" diameter (0 to 40 J4 it deep) 8" diameter (0 to 4O-.L~_ft deep) q0" diameter (0 to 4~-14 ft deep) 12" diameter (0 to 4G-,1~ ,ft ~leep) 15" diameter (0 to 4g.j_~.ft deep) 1E' diameter (0 lO -l~Ti--~ff deep) 24" diameter (0 to 40-j~ft deep) 30" diameter (0 to 44)-1_~_4 ff deep) 36 "diameter (C) to 4~-14 ft deep) Reinstmterne~t of Service Laterals A~td MobllPzation/Demot)iilzatlon Jf leas than 1,200 LF per Job CATEGORY C TOTAL San. 05 20__: 1 ,'T'-TQ4 P 004/00~mm , Page ZO Addendum #1 FROM ~ BOB BOYER IT! PHONE NO. ' 813 651 9814 Bid No. 03-34.~5--Trenchlel$ S~wer 5~flm ~h~biJ~el~ ~,~ng 8c~ PROPOSAL (contJnued) .Tan. 05 : f Page 21 Addendum ~1 D1 D1.1 WORK TASK~I COMMON TO ALL TECHNOLOGIES Sewer Cleaning an~l R~t Removal Heav~ Duty Sewer Cleaning D2 D 2.2 D 2.3 D 2.4 03 D3.1 D 3.2 D3.3 D 3.4 D4 134.1 Byl~aas Pump Setup w~th Bypar, a Piping Bypass 8" ~wer S~up Bypass 10"to 12" ~r ~tup Byp~s 15' to ~' Se~r ~tup 8yp~s ~'~ 8e~r ~tup Bypass Pump Operation Bypass 4" Pump Bypass 6' Pump Bypass 8" Pump Bypass 10' Pump Warmnt~ TV Survey Wan'anty TV Survey $ 95q _a DAY $~AY $~_~__'~-'~A¥ O0 Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1685 ~age 22 MATERIAL MANUFACTURES The Bidder is required to state below, material manufacturers he proposes to utilize on this project. No change will be allowed after submittal Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Cured-in-Place Pipe Liner 2. Fold-and-form HDPE Pipe Liner ¢/,~ 3. Fold-and-form PVC Pipe Liner i0//.~ Dated! ./1 Bidde~r Bid No. 03-$455-Trenchless Sewer System Rehabilitation Contracting Services 16C5 Page 23 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to, proper licenses, certifications, registrations and insurance coverage's. The County reserves the right to disqualify any bidder who includes non- compliant subcontractors in his bid offer. Further, the County may direct the biddedcontractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. Subcontractor and address Class of Work to be performed o Date: By: ' Biider Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1605 ~m~e 24 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of his experience, skill and business standing and of this ability to conduct the work as completely and as rapidly as required under the terms of the contract. Also attach a signed statement and list of installations where the Bidder has rehabilitated at least half-a-million feet of pipe by trenchless methods. The Bidder shall include as an attachment the name and date of projects, length of sewer lines rehabilitated and rehabilitation methods used similar to that specified. Bidder shall submit two sets of Statement of Experience, including all the attachments, with the bid proposal. Project and Location Reference (350 56r5"-z7o Z.. _go L¥o,,95 (?'/0 3'//1 Date: Bidder Bid No. 03-3455--Trenchless Sewer System Rehabilitation Contracting Services 1605 Page 25 PROPOSAL CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this of ,~¢,¢o4Q_~ ,200~ in the County of "~M~L,~ , in the State of ~"fC- day Firm's Complete Legal Name Check one of the following: r--] Sole Proprietorship ~ Corporation or P.A. State of: [--] Limited Partnership [--] General Partnership Phone No. [--~5OO '- Address BY: , Typed and Written Signature Title NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. Worldwide Pipeline Rehabilitation 11511 Phillips HwyS. Jacksonville, FL 32256 January 9, 2003 16C5 Tel: (904) 262-5802 Fax: (904) 292-3198 (800) 633-8362 www. insituform.com Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 RE: Trenchless Sewer System Rehabilitation Contracting Services Bid # 03-3455 To Whom It May Concern, This letter is to certify that Insituform Technologies, Inc has installed over 55 million feet since 1980. Documentation is enclosed to demonstrate over 500,000 lineal feet of pipe in the state of Florida. This is just a partial listing of the work that we have performed in Florida. Should you need any further information please feel free to call at 1-800-633- 8362. Sincerely, In~tuform Technologies, Inc. Richard T. Howton Contracting and Attesting Officer "*: :*:- EXPIRES: July 18, 2006 ~. ii ..:~ MY COMMiSSiON # [~0 101386 16C5 Customer State City of Hialeah Florida Hallandale Beach Florida City of St Petemburg Florida Seacoast Utilities Florida Hillsborough County florida Manatee County Florida Florida Area Work 2000-2002 Partial List Total Footage 252742 Size Length Year 8 8428 2002 10 1086 2002 15 347 2002 8 2744 2002 10 251 2002 8 335 2002 10 1028 2002 18 172 2002 8 2090 2002 12 235 2002 15 780 2002 18 1910 2002 30 1114 30 423 36 959 12 116 24 5155 8 117 8 491 27 5584 30 480 2001-2002 8 21047 2O02 10 2225 2002 12 656 2002 8 697 2002 8 2771 2002 8 17359 2002 10 1205 2002 8 1~7 8 ~5 8 326O 8 4~ 8 32~ 8 32~ 8 3100 8 5017 8 3351 15 580 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 8 5412 8 6258 8 3727 8 862 8 540 18 210 8 588 10 310 8 112 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 Job Release 1 Release 1 Release 1 Release 1 Release I Release 1 Release 1 Release 1 Golden Isle Golden Isle Golden Isle Golden Isle WO 72 & 73 WO 68 WO 68 WO 62-65 WO 66 WO 69 WO 71 WO 74 WO 74 Release 1 Release 1 Release 1 Release 2 Release 3 Release 3 Release 3 WO1 WO 8 WO 2 WO 13 WO 2 & 10 WO2 & 10 WO 11 WO6&3 WO 7 WO 5 WA 7 WA 5&6 WA 19 WA 18 WA 17 WA 17 WA 16 WA 16 WA 15 Pinellas County Pompano Beach City of Port Orange City of Melbourne City of Naples Fort Lauderdale JEA Florida Florida Florida 15 8 8 10 15 8 8 24 8 10 15 8 10 8 16 30 10 10 12 8 12 10 8 15 15 18 48 18-Aug 12 8 8 12 8 20 15 8 10 18 24 18 15 8 10 12 8 10 8 10 8 1338 5440 4159 1368 226 1428 664 8835 234 232 5037 967 433 1041 336 12294 4013 4323 365 1208 861 520 1319 161 1230 2827 266 351 352 3062 16033 710 664 366 1672 664 755 157 50 270 86 251 4106 889 3385 340 510 698 129 286 200 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001 2001 2002 2002 2002 2002 2002 2002 2002 2002 2002 2OO2 2002 2001-2002 2001-20O2 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001 2000 2000 2000 2000 2000 2000 2000 2001~002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001~2002 16C5 WA 15 WA 3 WA 8&10 WA 8&10 WA 8&10 WA 3 01 02 2-Aug 2-Aug LS 22 LS 22 LS 22 Palm Aire Palm Aire Sewer Rehab Sewer Rehab Sewer Rehab Annual Sanitary Rehab 01 Kings Ave Kings Ave Normandy Normandy Spring Park Stuart Stuart Julia Annette Park Park Cecil Field Cecil Field Core City Core City Feber Court House Court House Lorida Nakema Park St West Palm Beach Florida 8 8 8 12 15 18 8 8 10 8 8 10 15 8 12 15 18 29 5461 320 280 1234 519 349 159 40 154 11024 1214 1206 7697 895 1026 1160 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 1605 Park St River Oaks Sports Complex Sports Complex Spor~s Complex Sports Complex Spring Glen St Augustine St Augustine Woodcock Flagler Flagler Flagler Phase 1,2,3 Phase 1,2,3 Phase 1,2,3 Phase 1,2,3 16C5 0 ~ ~ ~ ~ ~ .~ ._ ~ 0 0 c ~ ~ 0 0 1605,~ c) o o ~ '~ -"='- o 8 o. 0 0 O~ 04 0 I~ ~0 ¢0 16C5 IN$ITU~OR~~ F~)~:~O~2~ Jan 8 20©~ 10:20 P~02 Technologies'/Inc. Collier County Goverammt Centn' 3301 Ea~I Tam,mi Trail Naples, Fiortd~ 34112 1605 To Whom It May Ccacem, This l~wr is ~o ceflify ~a~ Kl~el Industries, Inc. e wholly ov~e~ su~dt~tO' of fnsitu6mn Tochnologie~ [n~ has pe~form~ ova Fi~e Hua~ Thousand feet of pipel~rsfi=8. I:h~um~ufion is m~loeoct to den~ons~ate over SO0,O00 linm! fert of pipe in the s~o of Florid~ ~nd othar p~ns otthe Unit~ States. $~ld you need my t~rcher informatioo please ~ei f~ to c~ll ~ 1.800.633.8362. $1n~'~l~, ~slmform T~molo~bs, be. B~chard T, Vtovaon INSITU~OR~ Fax=9042925198 Jan 8 2005 10:20 P. C5 CompaDy Name: Pr{mary Contractor: _ Sut~.Contractor (if applicable): Project Titie ct Description: Client Reference Name: Client Reference Pl'~ne Number: ~'lglr~al Project Emtinlttm: :i~al Project Coal'. _. PAST PERFORMANCE - COMPANY EXPERIENCE ~/~ , , ¢~ H~M Vclu~ Pi~ Burstin~ O~st'u~on SoDeaule In weeks: (Schedule<J' Completion Duration t Areal Duratio~; Oata of CompletioD) 260Weeh - S~beclu!ed 1 l? Wee~ - A;tmml Completed - O0/O0fOO aubcontraotom utilized & mode o' worn be~forrnecl: . . CCI- ~,,,,h~',te B~hal~tk*_*;~ Boca - Service Ground Conditio~l$ (Soil Type / Gcoundweter ! Dewatedrtg Use;I): S.,,d¥ Soft; t .YES / YES Sewer Pipe Dea~l)tion (Existing Diameter ! New Diameter 1 Total Linear Feet Installea ! Pneumatic or Pipebursii~ Sliplini~ Remove & Replace Cu~ed In Place ToTal L1~ lns~llcd 6.12" 495,815L~ 495,815 LF AU ~oom~_ r~,~-,~ by Pneun',__,ti~ Methad Toial Number of 8ewer Service Cermet[ions made / Installation me~: (Open Trench / Pipe Bursting / 8round Ptercir~g] ,~ll l~D~as , 10.329 1605 !NSITUFOR~ F~x:9042923198 2003 10:21 P. 04 Company Name: Primary Contractor: SuB.Contractor [i! al~liaIIole): Loo~on: Client', ~AST PERFORMANCE - COMPANY EXPERIENCE ~C_~!e! [~,4,1-~eI. Ina, Construction ~ohedule in weeki: (~heduled Oompletion Duration I Aetuml OurllJon / Date of Campletioq) Sul)~o~tractor~ utlize¢ & $oope of work performed: Truseetl Bros. Conslzuction - ]~el~mhflitmtloa 1605 Ground Conditions [~oil Type I Orounlwatmr I Deweteflng Ual): ~,Jav )~(~--av cirri YES. NO I YE8 - NO ~wer P~i ~i¢on {ExiIting Diame~ I New Olam~f I To~I Linear F~t InsI~ I ~eummtlc ar Pi~eb~ Slipltn~$ ~move & ~l~c C~d ~ Pl~e T~ LF l~llad 1 B-Ir' L288 LF 3,288 All foo~,,~e done b.~ S~..*¢'I M~tkn4 - TRg gam~nm~; ,, T~mt Numb~ of ~wr )~iei Conn~tlonm mldi I tni~l~ m~: (O~n T~oh I Piw Burs~no I Gr~nd ~oing) 18 S~ic0 C~e~i~s (6-~ch~ ~ O~fl IHSITU~OR~q Fsx:SO~2923198 ]an 8 2003 10:22 P. 95 PAST PERFORt~ANGE - COMPANY F..XPERIENgE , IKin~a] leelu~n'i~, lite, NfA ,,, ~/A " J~,..le,~mvllt,. Fto~'ldn C.e~ee R. 904..665,4426 $1,43~,,342.00 ~1,434.342.00 Ground Conditions (S~ll Type f Groundwater t De, retiring Used); .~mdv Soils/_. YES - NO / YES - NO Sewer Pipe D#~dl~tion (Exi~tlng Diameter / New Dlame~ I Total Unaar Feet Installed I Pneumatic or Static]: Pip,bunting StipiJ~'tg l~-movc & P,~In;¢ Cured In Pt~ Tom~ L~ In,tailed 5-S" 9,397 ~ 9,785 I~1(~' 388 Ll~ .. A]~ f~=-~ a~_~_bv Pne~*J= Method . Number of Sewer Sa'vice Con~ectior~s made I Installation methec~: (Open Trench I Pl~ Bursting f Ground Pie=rig) 21'/ Sewt;e B_~_,~--~s ~ Op_~ TYench INSITL~OR~ Fax :~042925198 Jan 8 200~ !0:22 P. 06 Comfy Name: ~rime./C.4~trecior: ~ Tit~ or Q~ri¢om Ci~nt; , , Client Re~n~ N~: Client R~nm ~One Number, PAST PERFORCE - COUP^NY EXI~P, IENCE S~ Valley, T~ $3~6.020.00 .... Ground Co~ditJo~ (Soil Type t Oroundw~ t Dewatmtng U~:I): Alt. s~cVCl,,v Lsverw' YES. NO lYES. NO ~r Pipe ~s~ptlon (E~aUnG Oia~r t New Di~r ~ To~I Linear Feet Ins~l~ Pipe~sti~ Slipl~ Remove · ~ce C~d In Pla~e To~l ~ Installed ,All foot~?~ dnm, by_ p~m,msti¢ Me.od T~tal Number of Mwer 8ervi~e Conneations made I I~steilatlon method: (Opa~ Tr~noh / Pipe Gursting I G,-ouna Piermng) ~ Service Rer~nects by Oacn Trerteh PAST PERFORMANCE-COMPANYEXPERIENC! 16C5 Company Name: Primary Con _tm~__n_r: ~ub-C~ffaotor (if Lo~t~n: ~l~t: ~lent ~n~e Name: GliInt Refa?~ Phone Number: Oflgina Pmja~ Ee~matI: ~_ I ! ,413.1o'~,0o . Rn i1 P~lt~ COlt ~ t,7~3.s? ] .~ Ground ~ndl~ns (~1Ty~ I Gmund~ I ~dng U~): R~dV ~o[U YES- NO I YE~'. NO S~r Pi~ ~pa~ (E~tin9 Oiame~r I N~ Ol~e~ I T~ Une~ F~t Ink,lied f Pceumatic or S~tto}: Pip~b=~tt~ Sliplininl~ Remove & P. ephce Cured In Place Total LF Installed 26,000 LF lO-lOt' 3,/;00 LF 12_-12" 2.000 LF Al{ foo.'~,,~ done bv lmn_cumatic }v[ethod To~ Numar of Sewer Service Conne~onl made t IniIla~n method: (O~en Tmn~ I Pt~ au~ng 1Gmu~ Pieing) }78 Se2wtce Reconr~.~! bv O__u~ T~,~2~ INSITUFOR~ Fax:904292~198 ~n 8 2005 10:25 P. 08 Primary ContrKl~r: Sub-Contmator {if ~pl~blel: Project 'title ar Dee~flption', _ Location: Client Referen~e Name: C.,li~t Relerenoe Phone Numl~er: Orioin~l Projeot esUmate: _ Final P~t ~ PERFORMANCE- COMPANY EXPERIENCE KiI'~soJ Y~d~tri#. l~u~. . N/A 16C5 All f _ce,~* d_n__._~_ by Pno.msttc Method Tot~ Numar af ~ew~ ~er~oe Conne~onm rn~le t In~allatlon method: (Ogen Trenoh I Pipe 9ur~ting t Groun~l Pieing) ,89 Sel'vioo Reoop.~e~t~ by O~i~, T _r~ch IN$ITU~ORh'~ Company Name:., Prim~ Sub. Contrmc~r (if epptTc.,abiel: Projeot Ti~ or D~,criptlon: Client Olient Reference Name: C,l[ent Rafmrenoe Phone Ori~lnai ~rojeot Eslimate: Final Project Cost: Fax:9042923198 Jan 8 2003 10:24 P. 09 PERFORMANCE- COKAPANv EXPERIENCE K.~Bc] Inrt~,tri~s. lac: N/A _ , N/A S~ ~h ~-~-~ for B~ CF~_~ W~ID ~I 0 210-655~110 SSg.277.O0 , 16C5 Ground ¢oncl~on.s (~il Type ! Oroundwelar / Dewmtering Used]: I.~__-,_~Alluvial / YES - NO I YES.-.NO Sewer Pipe DeKrtp+.Jcn {Existing Diameter/New Diamster ! Total Linear Feet Ins~lm<t t P~um~o or Statio): Pipeb~st~ Slipl~ing ll~z~ve & Rspl~e C~d 1~ Pla~ Total LF [ns~llcd 10-12" 600 LF 600 LF All, foo,*~ done by. Pnp~ntlc Me.od Total Number of Oewar $e~oe Connections made I Installation malbod: (Open ?ranch / P~I Busting I Ground Pier~ng) Company Name: Primary Contraotor'. au~.Contrm~tor (if mpplicel~le): LocaOon: Client Ctie~lt Reference Naq~e; Cltmt Raferenoe Phone Number: Original Project Estimate: _ Final Project ~AST PERFOEMANCE - COM,~ANY EXPERIENCE Kabel r,~a.t]~des. Inc. N/A Constru~on 8~hedule in weeks: (&:hedulma Completion Dura[ion I Amual Duration I Date of Completion) .36 Were - Sched,,lad 34 Weeks - A-~-m,! Com~L~.-~d - 6/21/99 ~b~ont'aotom u~ilizad & soope os w~rK pefformea', , ~r P~e ~=~p~on (E~stl~g Oiame~ / New Oiame~r / TO~ Linear Feet InaaL~a 1Pneum~o or ~tic); 16C5 8.S" 12,81~ LF 12,815 LF All.fqpt,,_~, dane by Pne~*fi' Mcthod Total Number of Sewer Bervice Connections made I tnetallab[on m~hod: (Open Trmnoh I Pipe aurmting / Ground Pieroing) 28~ Service lb~otme~tm by O~en Tre~oh INSITUFO~d Fa×:904292~198 ]an 8 2003 10:25 P^~ FER;ORM^NCE- COi~PANY EXPERIENCIE P. 11 16C5 ~mpiny Name: I~ary ContraMor: Sub. Contractor (If applicable): Pro~ect Title or Lo~ation: .... KtlNIBI Indtud:fiet. Inc. N/A_ _, N/A ,SmiM[v._..$ .e~v. et Rehabilitation tn East Haveru'$oultteut (760122) 1~,260-19 Hoaeton. Texas .......... Client: Client Refem~ Name: ..... _Mr_.. _.,~thnnv cr~l Client Reference Phor~ Number: FineJ P~e~ COot: ConstruotJon $ohedule in week~: (r~edu~ Cor~lel~on Durat~ t Aotual Duration I Date of Completion) 43 Wee](. - Sd,.odu.ted 55 wee~, - Actual Coml)lmd- Calende~.cla~. ~& ext~dAd lay aonroved City of Hountrm Sulxcon~'ic~om ulllized & soope of wo~Y perforrn~ .... Manhole Suecialim - Ma~,h_ olelbhtbllitation LA. Oamez ~.~ Oround C, onclitionl (Soil Type ! Oroun~wmr / ~e~g U~): ~dv Sofia / Y~. ~0 / YES, NO SM PM ~ (EM~ng ~ameter / New Ol~mr / Tmi Linear F~t Ins~le~ I Pneumati~ or 8ti~e); 6.8" 605LF '8"' 1~,824 LF 8' 436 LF 12" 1,892 LF 47,~9~ LF I~12': 4,636 L~ 18" 2,4~ LF ~We Co~o~ ~t~e Co~o~ S~lce Come.ion Smwi~ C_.ennecticms done lev Ooen Trench lnsituform Technologies; TO: CC: SUBJECT: DATE: MEMORANDUM Thomas Cook, Joe White, Carroll Slusher, Jerry Gordon, Gerald Addington, and Charles Nance Within Named Individuals Appointments - Contracting & Attesting Officers March 26, 2002 Pursuant to authority granted to the Corporation's President in Company By-Law Article IV, Section 1, I hereby appoint the following individuals as Contracting & Attesting Officers of the Corporation, replacing all prior Contracting & Attesting Officers of the Company (other than those who are also a vice president, project executive or production manager). As such, they are authorized and empowered (i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, activities and work of the Corporation. Jennifer Allen Diane Bowers Pamela C. Mullins Richard Howton Sandra L. Caisse Fred W. Fieshman Thomas G. Trapp Deborah B. Bartley David Ranney Jeffrey T. Stevenson Chairma~r~sident & CEO Shari Garwick Jeff Iwasaki-Higbee Carolyn McCullers Joann Smith · Patricia Velez Denise V. Carroll Brian Kerschen Kenneth Pipitone, Jr. Suzan G. Herrmann Thanh Vo LAAppts & Certs\NAR Reorg Cont & Attest Officers 03-26-02.doc 01/07/03 13:59 FAX LOCKTON COMPANIES Page 14 O02 16C5 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMiT~ X 1. Worker~' Compensation X Statutory Limits of Florida Statutes, Chapter 4~0 and all Facleral Government Statutory Limit. and Requirement.. Policy must Include Employer~ Liability with a Limit of $I,000,000 each accident. 2, Commercial General Liability (occurrence Form) patterned after the 1985 i.8.0. form with no limiting endomements. Bodily Iniurv & Property Dameoe Single Limit Per Occurrence Indemnification: The Contraator/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shaft hold harmless and defend Collier County and Its agents and employees from all suits and a~'ions, Including attorney's fees and ail costs of litigation and judgments of any name and description arf$1ng out of or incidental to the performance of this c~ntraot or work performed thereunder. This provlalon shall also pertain to any ctaims brought against the County by an employee of the named ContractorNendor, any. Subcontractor, or anyone directly or indirectly employed by any of them. The Contmc~rNendor'e obligation under this provision shall nat be limited in any way by the agreed upon contract price as shown In this 'Contract or the Contractor/Vendor's limit of, o'r tack of, sufficient insurance proteatlon. The flat Ten Dollsr~ ($10.00} or money reaelved on the contract pdoe is considered as payment of this obligation by .the County. 4. Automobile Liability Owned/Non-owned/Hired Autornoblle IncllJClecl Each Occurrence Other Insurance az Indicated below:. a) Professional Liability $ -0- b) Builder's Risk $ -0- 01/07/03 14:00 FAX LOCKTON COMPANIES Bid No, 1:)3-3458-Trm~ehlm~ ,~-w~f' 8yl~cer11 R~llbilit~Jofl Oontmotirw Se~loes [~003 Collier County FIo~d~ Inaumnoe Requlmment~ (Continued) Contractor shall insure that all subcontractom comply with the same insurance requiremant~ that he is required to meet, The same contra~or shall provide the County with ~ertlfloatea of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAl INSURED" on the Insurance Certificate for Commemlel Qeneral Liability, Collier County Boa~ of County Commlssionem shall be named aa the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamlarni Trail Naples, FL 34112 X g. Thirty (30) Days CancellaUon Notice 18 required. X 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We undemtand the insuranae requirements contained in these ~oecificatlona, and that the evidence of said Insurance may be required within five (5) business days of the awa~ of bid, As respeci:s issuance of Insurance Sighature of Bidder Ce;~E~cate': Lockton Companies Insurance Age_ney_ Signatu~-of Bidder's Agent Barry E, Schnurman BIO BOND KNOW ALL MEN BY THESE PRESENTS, that we Znsi~u~°ra'~e~hn~n~_~. L.--._. . ............... (herein after called the P~drncip .al) _ and aveiers C~asualt~ and Surety Comp.an7 of America .... ' :'(herein ~lled the Surety),., corporation chartered and ex~ting under the laws of the 8tare of C.onnectict, t _ with lis principal offices in the city of Hare ford_ and-authOrized to do busines~ in the State of Florida are held and firmly bound unto dollam ($]oo.00o.0o i )' good and '~f~i m0ne~'of the United $~tes ~ America, to be paid upon demand of the Owner, to which payment, well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executom, administn~.~tom, and a~eigne, Jointly and severally and firmly by these presents. Wt~ma~, the i~lncipal is about to eubmit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equlpment and incidentals nece~ary to furnish and install: Tren=hlese 8ewer Syatern Contracting ~ewim Bid No. 03-34~ NOW, THEREFORE: The condltlona of thi~ obligation are much that if the Proposal be accepted, the Principal shall, within fifteen day~ after the date of a written Notice of Award, axeoJte a Contract in accordance with the Proposal and upon the terms, ¢onditiona and pC,3e($) .et forth therein, of the form and manner required by the Owner, and execute a sufficient and esti~fectory C~ntract Parforman;e Bond and Payment Bond payable to the Owner, in an amount of 100 Percent of the. total Contract price each in form and with security t. atisfactory to the ~id Owner, then thi.~ obligation to be void; otherwise t'o be and remain in full for~e end virtue in the ;aw;, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requ[rement~ within the time iper.,ifled above, Immediately pay to the afora.~id Owner, upon demand, the amount hereof in good and lawful money of the United States of Amedca, not aa a penalty but as liquidated damages. Bid No. 03-3455--Trenchless Sewer ~'ystem Rehnbilitation Contra~ng Services Page 16C5 tN TESTIMONY Thereof, the Principal anti Surety have caused these presents to ba duly signed and sealed this _ 9 _ day of January _, 200._~3. Travelers Casualty and Surety Company of Amerinm_ ~e}t T. Theus, Attorney-In, Fact Countersigned o~~/._..~~ Loc, al Resident Producing Agent f Wu ./ Cecil W. Powell & Company Principal Surety '(Seal) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVEL CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of A~gust 2002. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD 982~J§! TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 29th day of August, 2002 before me personally came GEORGE W. THOMPSON to me know~, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY ANI) SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above .instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY ~ND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTWY that the foregoing and attached Power of Attorney and Certificate of Authority remain~ m full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 9 day of January ,20 03. 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I.flV ~IO ~ilJ, VDIA:LLH~ID ¢INW A~tI~IO.LI.V AO M3AtOd STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSSEE FL 32399-0783 16C5 (850) 487-1395 HOWTON, RICHARD TAYLOR INSITUFORM TECHNOLOGIES INC 11511 PHILLIPS HWY S JACKSONVILLE FL 32256 ODSTATE OF FLORIDA AC# D 4 6 D S fl 7 EPARTMENT OF BUSINESS AND PROFESS I ONAL REGUI~TI ON IS CERTIFIED under the provisions of Ch.489 FS. Kxp£rationdmte: AUG 31, 2004 SEO #L0207100039 DETACH HERE AC# 0 4 8 0 5 9 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#z, o2o?3, ooo39 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 HOWTON, RICHARD TAYLOR INSITUFORM TECHNOLOGIES INC 702 SPIRIT 40 PARK DRIVE CHESTERFIELD MO 63005 JEB BUSH KIM BINKLEY-SEYER GOVERNOR DISPLAY AS REQUIRED BYLAW SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSSEE FL 32399-0783 16C5 (850) 487-1395 HART, TIM J INSITUFORM TECHNOLOGIES INC 1410 DRYSDALE DR DELTONA FL 32725 DETACH HERE ^c~ 0 4 6 4 7 81 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 SEQ#T, O2O6210196 HART, TIM J INSITUFORM TECHNOLOGIES INC 1410 DRYSDALE DR DELTONA FL 32725 JEB BUSH KIM BINKLEY-SEYER GOVERNOR DISPLAY AS REOUIRED BYLAW SECRETARY 16g6 MEMORANDUM Date: To: From: Re: February 27, 2003 Harry Huber, Senior Project Manager Public Utilities Engineering Department Teri Michaels, Deputy Clerk Minutes & Records Department Three Grant Agreements From The South Florida Water Management District Enclosed please find two (2) each of the following original documents: (1) Contract C-15054/Aquifer Storage and Recovery Reclaimed Water Test Well; (2) Contract C- 15061/Vanderbilt Beach Road 20 Inch Reclaimed Water Main; (3) Contract C-15062/South County Wastewater Service Area Inflow & Infiltration Study, as referenced above, (Agenda Item #16C6), approved by the Board of County Commissioners on February 25, 2003. Kindly forward same to the South Florida Water Management District for the required signatures, and return one fully executed original of each contract to Minutes and Records. If you should have any questions, please contact 774-8406. Thank you. Enclosures (6) SOUTH FLORIDA WATER MANAGEMENT DtSTRiCT 16C6 3301 Gun Club Road, West l'alm Beach, Florida 334(1(~ · (~61) (-,8(~ 8800 * FI, WA'I~4 } 800-432-2045 · TDD (%1) 697-2574 Mailing Address: I:{.). Box 2.I(~81.), West I'alm Beach, FI, ADM 28-06 January 29, 2003 Ms. Alicia Abbot, Project Manager Collier County Water-Sewer District 3301 Tamiami Trail East Building H/3 Naples, FL 34112 Subject: Contract No. C-15054 Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Dear Ms. Abbot: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attemion. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documems within ten (10) business days of receipt. Please include documentation to indicate the commencement of your project and the estimated completion date as this information is required in order to populate the database. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-6444. Sincerely, J. M. Rule, C.P~.~. Contract Administrator Procurement Department /DLK Enclosure c: w/attachment PM (~0~ 'ERNIN( : Bt )A RD F.X'F~C'UTI VI? OFFI( 'E 'l'rudi K. Williams, I'.li. t'h, dr Lenn,n'l E. I~indahl, I'.l!., l'icc-Ch,m- Pamela Brooks- I'homas Michael Collins I lugh ['vi. l!nglish Gerardo B. Fernandez l'ah'ick J. ( ;leason, Ph.D., 1'.( ;. NicolAs J. (;ulit;rre,,, Jr., Fsq. } larkley R. Thornton I lc'tit'S' D~.!i/ll, l:xccutive I)ir(,clor 16Cb 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY WATER-SEWER DISTRICT Recipient's Project Manager: Alicia Abbot Address: 3301 Tamiami Trail East Building H/3 Naples, FL 34112 Telephone No: (239) 530-5344 Fax No: (239) 530-5378 Contract Number: C-15054 District Funding Amount: $ 50,000.00 Not to Exceed 50% SFWMD Project Manager: Kent Feng Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 21-00-019995-53C; Effective until 10/26/07 Project Title: Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Description: Permit and construct One (1) ASR test well for injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Contract C-15054 Page I of 9 16C6 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this .Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15054 Page 2 of 9 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 16C6 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15054 Page 3 of 9 1696 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attomey's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15054 Page 4 of 9 16C6 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern ali aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15054 Page 5 of 9 16 6 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. ,8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carder's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carder's authorized representative. Contract C-15054 Page 6 of 9 16C6 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay .in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15054 Page 7 of 9 11.4 11.5 11.6 16 6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15054 Page 8 of 9 16 6 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: Recipient's LegalName:Board~f Count.~ Commissioners, Ex-of f lc the governing board of ~2o11~/2~y Wa. ter-Sewer Distri BY Auth°rized Official: "-"d~~'~F'; ~ ~- Title: Tom Henning, Chairman Date: Project Start Date: February 03. 2003 SFWMD Procurement approved: By: Date: Contract C-15054 Page 9 of 9 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 16C6 Application No: BCB CWRP - FY03 ATTACHMENT "A" C-15054 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Description: Permit and consteuct one ASR test well for the purpose of injecting sueplus reclaimed water during off peaks and retrieving Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3ru Floor Naples, FI. 34112 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County same during peak demand times for sales to reuse customers. Also includes monitor wells and pumps. Type of Organization: County Government Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-01999§-§3C Is the Project being performed on District property? Yes [] If "yes", please attach District's Certificate of Insurance. No · Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resoumes Projects Funding? Yes [] No · Year last received: Amount of Funding Received: Authorized Person's Name: ,Tames W. DeLony, PE Signature: "..,- ,: / .~ ,:'- ~' '~ ;, Title:'.Publi~ Utilities Administrator Telephone Area Code/Number: (239) 732-2540 Fax Number: (239) 732-2§26 Contract C-15054 Page 1 of 8 16C6 DETAILED DESCRIPTION OF PROJECT Statement of Work for the Aquifer Storage and Recover~ (ASR) Test Well 1.0 Introduction Aquifer Storage and Recovery (ASR) is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. Collier County has identified the need for 140 million gallons of reclaimed water storage in order to expand and maximize the effectiveness of the County's existing reuse program. ASR provides the most cost- effective means to achieve these storage objectives for reclaimed water. Even with the County's extensive reuse program, during raiuy periods when irrigation demand is low, excess reclaimed water must be disposed of using percolation ponds and deep injection wells. However, with adequate seasonal storage, reclaimed water can be used much more effectively by reducing irrigation withdrawals from surface or groundwater systems during critical dry season periods and reducing loss of valuable freshwater resources. For these reasons, the use of ASR for storage of reclaimed water is consistent with the goals and objectives of the Big Cypress Basin of the South Florida Water Management District. Collier County has already committed funding and support to ASR technology. The proposed reuse ASR project would utilize reclaimed water from the North County Water Reclamation Facility (NCWRF). The County has already selected a site for the project and submitted the application for the FDEP permit. Initial exploration wells have also been drilled. 2.0 Project Scope The scope of the project is to construct one pilot ASR well and two deep monitor wells. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.5 to 2.0 MGD. Injection would occur over a 90 to 120-day period during the wet season, or whenever excess reclaimed water is available. Recovery would take place on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. The scope of work is detailed in the Work Breakdown Structure (Section 3.0) Contract C-15054 Page 2 of 8 Plans and contract specifications will be submitted permits will be obtained prior to start of construction. 16 6 to the County for review and test/construction The principal goals of the project are to: Increase availability of reclaimed water, Decrease the loss of reclaimed water using traditional disposal methods, and Reduce dependence on freshwater aquifers to meet dry season demands. 3.0 Work Breakdown Structure 3.1. Description of Project Elements The pilot ASR well will be completed with a 12-inch diameter casing to approximately 700 feet below land surface (bls) and an open hole extending to approximately 750 feet. Two single-zone monitor wells will be completed to the same depths as the ASR well using 4-inch diameter PVC casing. Final depths will be determined fi.om subsurface data obtained during well construction. The project will be comprised of the following construction elements: 2. 3. 4. 5. Competitive bidding and contract documents Site preparation and drilling pad construction Pilot ASR well construction and testing ASR monitor well construction Submersible pumps purchase and installation Tasks required to complete the pilot ASR project are described below. Task 1 - Preconstruction Activities · Review plans and specifications for pilot ASR well and monitor wells. · Bid Contract, Select Contractor, Award Contract, Notice to Proceed · Acquire Utility Easements. · Obtain required construction permits. Work Products: Deliverable: Contract Docmnents for pilot ASR well and monitor well, construction permits. Approved Plans and Specifications, Contract Documents, Recorded Easements, Construction permits. .Task 2 - Preliminary Construction Activities Review and evaluate contractor submittals. Clear site and conduct surveying. Mobilize drilling equipment. Contract C-15054 Page 3 of 8 Install temporary utility services. Construct drilling pad and install water table monitor wells. 16C6 Work Products: Deliverable: Contractor submittals, equipment list, material and supplier's list, subcontractor's list, horizontal and vertical control, daily log (applicable to all tasks), mill certificates. Completed materials/equipment lists. Task 3 -Drilling and Testing of Pilot ASR Test/Monitor Wells · Install 20-inch diameter pit casing to approximately 30 feet. · Drill 9-inch diameter pilot hole from land surface to approximately 400 feet using the rotary mud method. Conduct geophysical logging on pilot holed. · Ream nominal 20-inch diameter hole from pit casing to approximately 400 feet. · Set and cement in place to land surface approximately 400 feet of 12-inch diameter Schedule 80 PVC easing. · Drill 9-inch diameter pilot hole from approximately 400 feet to approximately 1,000 feet using the reverse air drilling method. Perform open hole flow test and up to 5 single packer tests as determined by the well-site geologist. · Conduct geophysical logging and television survey of the completed borehole following pilot hole drilling and testing. · Backfill pilot hole to approximately 750 feet with cement. · Set and cement in place to land surface approximately 700 feet of 4-inch diameter Schedule 80 PVC casing. Cementing will be conducted in stages of less than 100 feet. · Perform temperature logs on each stage of cement and perform a pressure test on the final casing. · Drill a nominal 3-3/4-inch diameter borehole from approximately 700 feet to 750 feet below land surface. · Develop the open borehole and collect a water sample from the open zone. · Install temporary wellhead assembly, set up pump testing equipment and discharge piping, collect background water level data and perform a preliminary pumping test. Collect water samples for water quality analysis. · Install permanent wellhead equipment, piping, appurtenances, concrete pad and perform disinfection. · Demobilize equipment, clean and restore drilling site. Work Products: Deliverable: Lithologic samples, water samples, geophysical logs, video survey, geologist log, water quality analyses results, packer test data and interpretation results, instrument calibration data, cementing operations plan and records, casing installation tabulation, description/record drawings, well completion report, and drilling disposal plan and approval. Installed and Tested ASR Monitor Wells. Task 4 -Drilling and Testing of Pilot ASR Injection/Recovery Well · Set and cement in place surface casing to approximately 50 feet. Contract C-15054 Page 4 of 8 16 6 Drill a 9-inch diameter pilot hole from land surface to approximately 700 feet using the rotary mud method. Perform geophysical logging. Ream the pilot hole to a nominal 22-inch diameter borehole from land surface to 100 feet and to a nominal 18-inch diameter from 100 feet to approximately 700 feet. Set and cement in place 12-inch diameter casing from approximately 700 feet to 100 feet coupled to 16-inch diameter cash~g from 100 feet to laud surface. Perform temperature logs on each stage of cement and perform a pressure test on the final casing. Drill and core a 9-inch diameter pilot hole from approximately 700 feet to a total depth of approximately 750 feet using the reverse air drilling method. Collect up to 50 feet of conventional core as directed by the well site geologist. Conduct geophysical logging and video survey of the completed pilot hole. Ream pilot hole to nominal 12-inch diameter open hole. Develop the open borehole, collect a water sample from the ASR zone, all as specified. Install temporary wellhead assembly, set up pump testing equipment and discharge piping, collect background water level data and perform a 72-hour aquifer performance test. Collect water samples for water quality analysis. Install permanent wellhead equipment, piping, pump and pump column, instnunentation and appurtenances, concrete pad and perform disinfection. Demobilize equipment, dean and restore drilling site. Work Products: Deliverable: Lithologic samples, geophysical logs, video survey, laboratory analyses, instrument calibration data, cementing operations plan and records, casing installation tabulation, development and test records, inclination survey test results, final well description/record drawings, records required by law, well completion report, grout card and drilling water disposal plan and approval. Installed and Tested Pilot ASR Well. Well Completion Report with all data. Task 5 -Construction of Subsurface Facilities Install pump in ASR well. Relocation of system corrosion stabilizer injection location. Demobilization (restoration and cleanup). Work Products: Deliverable: Vertical and horizontal control, startup logs, and certifications. Completed Subsurface Facilities. materials tabulation records, testing records, Task 6 - Final Construction Documents Prepare shop drawings and equipment information. Prepare operations and maintenance manuals. Conduct training on equipment operations and maintenance. Certify preparation of operation and maintenance manuals. Contract C-15054 Page 5 of 8 Work Products: Deliverable: Shop drawings, record drawings, Manuals. Final Construction Documents. 16C6 one copy of Operation & Maintenance 3.2. Design Description A schematic diagram of the pilot ASR project wells is shown in the Project Schedule. The design includes the following: One 12-inch diameter injection well cased to approximately 700 feet below land surface, and an open hole injection/recovery zone from approximately 700 to approximately 750 feet. Two 4-inch monitor wells cased to approximately 700 feet below land surface, and an open hole monitor zone from approximately 700 to 750 feet. The ASR pilot project is designed to obtain site-specific hydrogeologic and water quality data in order to identify and select an optimum storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confining characteristics of the zones above and below the storage zone. Final completion depths for the ASR well will be determined following review and interpretation of data collected during construction of the monitor well pilot hole. The deep test/monitor well will subsequently be used as an observation well for an aquifer performance test, and a monitor well for the storage interval during operational testing of the ASR well. 3.3. Project Justification and Cost/Benefit Estimates This project is justified because of the opportunity to conserve significant quantities of fresh water and to reduce the mnount of reclaimed water being lost tlu'ough conventional disposal methods. During the wet season or other rainy periods, reclaimed water frequently goes unused. With adequate storage available, this excess water would be available for beneficial use during the dry season. The storage of wet season reclaimed water for use during the dry season will also relieve demands on potable aquifers during the dry season. The capital cost of ASR versus the cost of conventional water storage is more economic than conventional storage. Other cost/benefit opportunities will be seen when the ASR program is complete and the dry season irrigational demands are supplied with stored ASR wells, thus reducing potable water demands. The projected budget for the proposed overall ASR project is $2,000,000, as identified in the Contract C-15054 Page 6 of 8 6C6 County's FY 03 Capitol Improvements Projects. $1,ooo,ooo. 16C6 This portion of the project is estimated to cost 3.4. Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: A means to meet future irrigation water storage and demand. Effective management of existing water resources including the ability to: Maintain Wellfield safe yield - Enhance wet season production - Reduce aquifer stress during the dry season Reduce or delay the need for future well field expansion. 4.0 Project Cost The ASR project is estimated at $1,000,000: The individual cost estimates for various task described above are as follows: Task Description Costs * I Preconstruction Activities $150,000 2 Preliminary Construction Activities $150,000 3 Monitoring Wells $375,000 4 ASR Pilot Well $300,000 5 Final Construction Documents $25,000 Total Estimated Design and Construction Cost $1,000,000 * Costs are estimated to include 15% contingency. 5.0 Location of the Project The project is located north of the Pelican Bay Wellfield, off Livingston Road in Collier County, as shown in Figure 1. The injection well and monitor wells will be installed in easements obtained by the County. 6.0 Deliverable Schedule Table 1 provides a detailed project schedule and payment amounts. The project is estimated to be completed in 12 months. Preeonstmcfion activities will commence in January 2003 with all construction completed by December 2003. Contract C-15054 Page 7 of 8 LEE COUNTY 0 ~ ..... Pi~OJEi 'ir 2! 22 tP9 AQUIFER STORAGE AND RECLAIMED WATER RECOVERY TEST WELl (.ASR) COLMER COUNTY GOVERNMENT PUBUC UTIUTIES ENGINEERING DEPARTMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE WATER RESOURCES PROJECT APPUCATION FY 2003 - BIG CYPRESS BASIN IIRIILIY AND NANIIN NOVEMBER 2002 Contract C-15054 Page 8 of 8 SOU'IT1 FLORIDA '~/VAIER MANAGEMENT DlSTmCT AI)M 28-06 January 30, 2003 Mr. James W. DeLony Collier County Water & Sewer 2685 South Horseshoe Drive, Suite 212 Naples, FL 34104 Subject: Contract No. C-15061 Vanderbilt Beacb Road 20 Inch Reclaimed Water Main Dear Mr. DeLony: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to indicate the commencement of yom: project and the estimated completion date as this information is required in order to populate the database. Note that this coutract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. '~%ur cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-6444. Sincerely, J. M. Rule, ~.P.M. Contract Adnmfistrator Procnrement Department /DLK Enclosure c: w/attachnlent PM [:\I( Ilitil ()t1I('I Trudi K. \~,illiam~, ILl:., ('h, nr Mich,wl 16 6 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS iBASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY - WATER/SEWER Recipient's Project Manager: James W. DeLony Address: 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: (239) 659-5790 Contract Number: C- 15061 Governing Board Approval Date: Not Applicable District Funding Amount: $ 50,000.00 Not to Exceed 50 % of total project cost SFWMD Project Manager: Kent Feng Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 21-00-019995-53C; Effective until 10/26/07 Project Title: Vanderbilt Beach Road 20-Inch Reclaimed Water Main Description: Construction of water main along Vanderbilt and Airport Road to availability of reclaimed water to customers east of 1-75. Village Walk Circle to increase Contract C-15061 Page I of 9 16C6 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15061 Page 2 of 9 16C6 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 Thc Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However; failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15061 Page 3 of 9 16C6 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.RM. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15061 Page 4 of 9 16C6 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15061 Page 5 of 9 16 6 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. Contract C-15061 Page 6 of 9 10.1 10.2 10.3 11.1 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 11.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15061 Page 7 of 9 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent .jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. I 1.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15061 Page 8 of 9 16 6 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: Recipient's Legal Name:Board~ County ]Conunissioners, Ex-off ici the governing board off. Colby ~ater-Sewer Dist By Authorized Official: ~-J~ ~V- - ~ Title: Tom Henning, Chairman Date: Project Start Date: April 01, 2003 SFWMD Procurement approved: Contract C-15061 Page 9 of 9 2002-2003 SOUTI! FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 16C6 Application No: BCB CWRP - FY03 Attachment "^" C-15061 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Vonderbilt Beach Road 20-Inch Reclaimed Water Main Description: Construction of approximately 8,600 LF of 20- inch reclaimed water main along Vanderbilt Beach Road from Airport Road to Village Walk Circle to increase availability of reclaimed water to customers east of 1-75. Type of Organization: County 6overnment Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3rd Floor Naples, FL 34112 Funding Amount Requested: $100,000 Couuty in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID Nc).: 21-07-01999§-§3C ls the Project being performed on District property? Yes [] If "yes", please attach District's Certificate of Insurance. No [] Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No [] Year last received: Amount of Funding Received: Authorized Person's Name: ,lam~ W. DeLony, PE Signature: ;i" ':' ' * Title: Public Utilities Administrator Telephone Area Code/Number: (239) 732-2540 Fax Number: (239) 732-2526 Contract C 15061 Page 1 of 5 16C6 3.0 Work Breakdown Structure 3.1 Descriptions of Projects Elements l'he project is comprised of construction of a new 20-inch reclaimed water transmission rnam to match existing pipeline sizes presently installed along Vanderbilt Beach Road. The tasks required lo complete the new pipeline is as follows: Task 1 - Competitive Bidding and Award of Contract · Advertise project · Receive bids · Award contract and give notice to proceed Work Products: Bidding and Contract Documents and Construction Permits. Deliverables: Approved Contract Documents, Construction Permits. Task 2 - Construct New Pipeline · Review shop drawings and contractor submittals · Mobilize to site · Construct new 20-inch pipeline · Test pipe, make final connections and operate new pipeline Work Products: Contractor Submittals, Equipment List, Material and Supplier's List, Subcontractors List. Deliverables: New 20-inch Reclaimed Water Transmission Main. Task 3 - Final Contract Documents Prepare as-built construction plans Project close-out Work ?roducts: Shop Drawings and Record Drawings. Deliverables: Final Construction Documents. 3.2 Project Justification This project is justified because it provides much-needed reclaimed water transmission main to an area that is presently without a source of reclaimed water. The cost benefits for providing reclaimed water for irrigation use outweighs the cost of providing potable water lbr irrigation purposes. Contract -15061 ?age 2 of 5 DETAILED DESCRIP'FION OF PROJECT Statement of Work for Vanderbilt Beach Road Reclaimed Water Main 1.0 Introduction The County., in an ongoing commitment to decrease the amount of potable water being used to irrigate laWns, provides reclaimed water generated at the County wastewater treatment facilities for irrigation purposes to neighboring golf courses, park, and large developments. The County presently has an extensive reuse program that provides reclaimed water to most of the service area. The County continues to improve the reclaimed water coverage area by providing new transmission mains to areas of the County that are not presently served with a reclaimed water source. The area adjacent to Vanderbilt Beach Road, east of 1-75, is experiencing rapid growth with newer residential neighborhoods and golf courses, and is one such portion of the County where the network of reclaimed water transmission mains has not been constructed. The County recently completed the design plans and specifications for 8,600 linear feet of 20~inch reclaimed water transmission main to be constructed along Vanderbilt Beach Road in the North service Area. The project will provide the much-needed hydraulic loop between the source of reclaimed water at the North County Water Reclamation Facility (NCWRF) along Goodlette-Frank Road and the outlying transmission system east of Interstate-75 and County Road 951. The project is in the heart Collier County's fastest grov,4ng area with high irrigation water demands. By providing this connection between two existing 20-inch transmission mains presently installed along Vanderbilt Beach Road, the Vanderbilt Beach Road reclaimed pipeline will be complete east of Airport-Pulling Road to west of Village Walk Circle. 2.0 Project Scope The PROJECT includes the following: · Competitive bidding and award of the project; · Review of shop drawings from the contractor; · Construction of the pipeline; · Testing and connections; and · Inspections and delivery of final construction documents. Contract C-15061 Page 3 of 5 3.3 Long-Term Benefits 16C6 As with other reclaimed water transmission mains presently in operation throughout the County, this connection will provide an increase in working pressures for the eastern area of the reuse system. Once constructed, the pipeline will provide a source o£ irrigation water to the residents along Vanderbilt Beach Road. The County has recently completed a north-south interconnection of the reclaimed water transmission system. This pipeline will allow more reclaimed water flow to be sent from the South County Water Reclamation Facility to the areas of high demand in the North Service Area. This will reduce the need to pump water from the Immokalee (supplemental water) well field during periods of high demand. In addition, the reduction of potable water being used for irrigation purposes will reduce potable water demands and the need for costly water treatment plant and wellfield expansions, thus providing a long-term benefit to the natural water resources of the Big Cypress Basin. 4.0 Project Cost The project cost identified in the County's FY 03 budget for this project is $739,600. 5.0 LocatiOn of Project The 8,600-inear feet of new 20-inch transmission main will be constructed within the right-of-way of Vanderbilt Beach Road, from Airport-Pulling Road east to Village Walk Circle, as shown on Figure 1. 6.0 Schedule The reclaimed water transmission main can be bid and constructed within 12 months. The proposed schedule for the various tasks described above is as follows: Task/Description Task 1' Bidding Task 2: Construction Time for Completion 12 Weeks Cumulative Time for Completion 12 Weeks 32 Weeks 44 Weeks Task 3: Final Documents 8 Weeks 52 Weeks Contract C-!5061 Page 4 of 5 0 0 FIGURE 1 16C MILES ~ ,I fi VANDERBILT BEACH ROAD RECLAIMED WATER INTERCONNECT COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE WATER RESOURCES PROdECT APPLICATION FY 2003 - BIG CYPRESS BASIN ;I:I,,I..,Y AND HANBEN ~= NOVEMBER 2002 Contract C-15061 Page 5 of 5 16C6 SOUTH FLORIDA WATER MANAGE~.NT mmT lgr:. : c,,:~a'¥ M n Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · Fl, W~-~:;*l-~'ltcq3~120{5 · TDD (561) 697-2574 ailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov' ...... ~M28-06 U0, ; .... ' ~ '] ~: Janumy 28, 2003 Mr. James W. DeLony Collier County Public Utilities Division 3301 East Tamiami Trail Naples, Florida 34112 Subject: Contract No. C-15062 South County Wastewater Service Area Inflow & Infiltration Study Dear Mr. DeLony: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly retum the executed documents within ten (10) business days of receipt. Please include documentation to indicate the commencement of your project and the estimated completion date as this information is required in order to populate the database. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-6444. Sincerely, · M. R~le,~,M. Contract Administrator Procurement Department /DLK Enclosure c: w/attachment PM GOkTRN1NG BOARD EXECUTIVE Of'£1CE Trudi K. Williams, P.E., Chair Lennart E. Lindahl, P.E., Vice-Chair Pamela Brooks-Thomas Michael Collins I lugh M. English Gerardo B. Fernandez ['ah'ick ). Gleason, l'h.D., P.G. Nicoliis J. (;tpti0rrc/, Jr., Esq. I tarklev R. Thornton I lenrv Doan, li',~ecutiv(, Director 16C6 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY - WATER/SEWER Recipient's Project Manager: James W. DeLony Address: 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: (239) 659-5790 SFWMD Project Manager: Governing Board :Approval Date: Not Applicable DiStrict ~000.00 cost.. S. Ahmed Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 21-00-019995-53C; Effective until 10/26/07 Project Title: South County Wastewater Service Area Inflow & Infiltration Study Description: Inflow & infiltration study of existing sanitary sewer system for the South County Wastewater Service Area, identify wastewater repairs, coordinate stormwater improvements and establish public awareness program. Contract C-15062 Page I of 9 16C6 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this .Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15062 Page 2 of 9 16C6 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15062 Page 3 of 9 16 6 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the fight to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency, ff the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten' (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15062 Page 4 of 9 16C6 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15062 Page 5 of 9 16 6 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. .8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. Contract C-15062 Page 6 of 9 16C6 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15062 Page 7 of 9 16 6 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15062 Page 8 of 9 16C6 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: Recipient's Legal Name: Board of~ICountv ('~mmf .~.~-~ truers, the governing board of th~ier C~2er_,Sewer By Authorized Official: Date: Project Start Date:March 3, 200't County ./kttor~y SFWMD Procurement approved: Ex-offi~ Districl Contract C-15062 Page 9 of 9 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 1606 Application No: BCB CWRP - FY03 C-15062 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: South County Wastewater Service Area Inflow and Infiltration Study Description: Inflow and infiltration study of existing sanitary sewer system for the South County Wastewater Service Area, identify wastewater repairs, coordinate stormwater Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3"e Floor Naples, FL 34112 Funding Amount Requested: $100,000 County in which Project will be BuiLt: Collier County improvements and program. Type of Organization: County ~overnment establish public awareness Date of Incorporation: State of h~corporation: Federal iD No.: 2!-07-019995-55C Is the Project being pettbrmed on District property? Yes [] If "yes", please attach District's Certificate of Insurance. No · Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No · Year last received: Amount of Funding Received: Authorized Person's Name: ,Toiles W. DeLony, PE Signature: Title: Public Utilities Administrator Telephone Area Code/Number: (239) 732-2540 Fax Number: (239) 732-2526 Contract C-15062 Page 1 of 7 DETAILED DESCRIPTION OF PROJECT Statement of Work for South County Wastewater Service Area Inflow and Infiltration Study 1.0 Introduction The South County Wastewater Service Area includes several older developments in Iow-lying areas. During periods of wet weather, the xvastewater system experiences overflows at wastewater pumping stations and flows to the treatment plant increase dramatically. The project includes two components during the next twelve months. One component is the wastewater inflow and infiltration (I/I) study and the second component is the stormwater improvement study. hnplementation of improvements will start after completion of the study and is not included in the Statement of Work for the next twelve months. The goals of this study are to: · Identify wastewater system improvements to eliminate wastewater overflows in the South Service Area during wet weather events and reduce stonnwater and groundwater flows to the wastewater treatment plants; · ldentify stormwater improvements to minimize local flooding in the South Service Area; and · Establish a public awareness program to explain the importance of reducing stormwater inflows to the wastewater system. This project will identify improvements to significantly reduce flows to the wastewater treatment plants, thus potentially postponing the need for costly plant expansions. This project will also assist in development of stormwater system improvements that will reduce localized flooding. This project was identified in the 2001 Wastewater Master Plan Update, which was adopted by the Board of County Commissioners (BCC) on December 8, 2001. Funding for the project is included in the County's FY 2003 budget, which has also been approved by the BCC. 2.0 Project Scope The project includes the following: · Re,~4ew of existing data relating to the south wastewater collection system; · Coordination with the Stonnwater Section of the Iransportation Enbfineermg and Construction Management Depat~nent of the Transportation Division (Stormwater Section); · Procurement of testing contractors; · Determination of additional data gathering mid testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; · Public education; · Identification of stonnwater collect/on improvements; · Data collection and field testing by testing contractor(s); and · Preparation of a surmnary of data collected and reco~mnended repairs. Contract C-15062 Page 2 of 7 16C6 The output lbr these services will be a report to the County detailing the data collected, field testing results, deficiencies identified, recommended repairs and implementation schedules. A description of the tasks is presented below. 3.0 Work Breakdown Structure Task 1. Gather and Review Existing Data Gather and review available basic data relating to the south wastewater collection system, including the following: Electronic files of wastewater collection system and storm sewer system for the portion of the systems owned by Collier Coanty, including available GIS information; Available plans of privately owned systems that connect to the Collier County system; Existing data relating to wastewater flow measurements, pumping station nm times, rainfall data, seasonal population by service area, and aerial mapping; Review selected information that has been obtained by Collier County Wastewater Collections Department, including TV inspections, testing reports, sewer repair records, smoke testing records, manhole inspection reports and related available information; and Obtain available information on localized flood data from the Stormwater Section. Task 2. Develop Data Collection Approach Based on review of existing data, identify additional data collection and testing requirements and procedures. l:hioritize, in coordination with the Wastewater Collections Department, the locations where additional data gathering and testing is requh'ed Perform windshield field rev/ew of study area. Develop data gathering and testing procedures for high-priority locations fl~at may include fl~e following: 1. Wet/ch-y weather flow measurements/monitoring 2. Smoke testing of sewers 3. Dye water tracing 4. Manhole inspections 5. TV inspections Develop and prioritize procedures l~br wet weather event data collection, which may include the following: 1. Flow measurement at selected manholes and pumping stations 2. Rainfall data collection 3. Identification of localized flooding Procure contractors to perform I/I testing services. Bidding docmnents for contraclor I/1 testing services will be advertised and received by the County Purchasing Depart~nent. Contract C-15062 Page 3 of 7 Task 3. Coordinate with Stormwater Section 16C6 · Collect and review current planned stormwater ilnprove~nents within the Project area. · Assist County Stormwater Section in development and review of stormwater options. · Attend ~neefings with County Stormwater Section to coordinate l/1 study procedures, obtaining new data and evaluation of data. Task 4. Collect New Data Execute data collection approach developed in Task 2. Contact owners of private systems to allow entry and schedule for inspections and testing. Perform field inspections and assist in data collection. Summarize collected data in Excel spreadsheet format. Spreadsheet data shall include system deficiencies by location and information related to reconunended repairs, including repair type and repair schedule. All testing will be performed by contractors currently retained by the County. Task 5. Prepare Summary Report Prepare draft report to document field-testing results, including locations tested, types of tests performed, test results, and deficiencies noted. Report shall include photographic documentation of deficiencies and repairs. Recommendations shall be presented based on cost-effectiveness. Submit ten copies of the draft report to County for review. Prepare final report. Meet with County to discuss draft report comments. Submit ten copies of final report to County. Task 6. Public Awareness Program There will be interface with the public during the field-testing program. In advance of testing, the public will be made aware of the testing program. Meetings xvill be held with homeowners associations and doorknockers will be provided in the areas to be tested. A brochure xvill be prepared to send with the wastewater bill to the customers explaining the 1/I program and demonstrating the importance of reducing inflow and infiltration, including the additional costs to pump and treat stormwater at the wastewater plants. The brochure will include potential proposed stormwater system improvements and discourage residents from opening cleanouts and manholes to drain locally flooded areas. This brochure will be added to the County's website. 4.0 Project Cost The project cost identified in the FY 03 budget for this study is $200,000. Contract C-15062 Page 4 of 7 16C6 5.0 Location of the project The general localion where the study will be pertbrmed is shown on Figure 1. Specific locations within the study area will be prioritized based on local flooding problems and locations of wastewater spills associated with wet weather. 6.0 Deliverable Schedule The inflow and Infiltration study will be completed within one year. The proposed schedule for the various tasks described above is as follows and as shown on Table 1: Cumulative Time for Task Description Time for Completion Completion_ Task 1: Gather Data 4 Weeks 4 Weeks Task 2: Develop Data Collection Approach ! 0 Weeks 13 Weeks Task 3: Coordinate with Stormwater Section Concurrent with other tasks Task 4: Collect New Data 30 Weeks 43 Weeks Task 5: Prepare Summary Report _ 12 Weeks , __ 52 Weeks Task 6: Public Awareness Prosram Concurrent with other tasks Contract C-15062 Page 5 of 7 II .! 16C6 Contract C-15062 Page 7 of 7 SoLrrI-I FLORIDA WATER MAN^GEMENT DkSTRICr 16 6 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 71-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov ADM 28-06 March 20, 2003 Ms. Alicia Abbot 3301 Tamiami trail East Building HI3 Naples, FL 34112 Dear Ms. Abbot: Subject: Contract No. C-15054 Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Enclosed please find one (1) fully executed copy of the above referenced contract. you have any questions, please contact me at (561) 682-6444. Thank you for your efforts on behalf of the District. Sincerely, Contract Specialist Procurement Department /JM Enclosure C: Procurement Original File Alex Quintero, 6611 Kent Feng, 1540 If GOVERNING BOARD EXECUTIVE OFFICE Trudi K. Williams, P.E., Chair Lennart E. Lindahl, P.E., Vice-Chair Pamela Brooks-Thomas Michael Collins Hugh M. English Gerardo B. Fernandez Patrick J. Gleason, Ph.D., P.G. Nicol,4s J. Gutidrrez, Jr., Esq. Harkley R. Thornton Henry Dean, Executive Director 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY WATER-SEWER DISTRICT Recipient's Project Manager: Alicia Abbot Address: 3301 Tamiami Trail East Building H/3 Naples, FL 34112 Telephone No: (239) 530-5344 Fax No: (239) 530-5378 ContraetNumber. ~, ~1)54 ming BOard ~ Not SFWMD Project Manager: Kent Feng Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: ApplicablefNot Applicable Federal Employer Identification Number: 59-6000558 Project Title: Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Description: Permit and construct One (1) ASR test well for injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Contract C-15054 Page 1 of 9 16g6 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15054 Page 2 of 9 16C6 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15054 Page 3 of 9 16 6 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15054 Page 4 of 9 1606 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15054 Page 5 of 9 16 6 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carder's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carder's authorized representative. Contract C-15054 Page 6 of 9 1696 10.1 10.2 10.3 11.1 11.2 11.3 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its fights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15054 Page 7 of 9 16 6 11.4 11.5 11.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15054 Page 8 of 9 16C6 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT p~Fr~'~H~aY~,f rocu rement Director Date: :~-"[ 7- t:~ 5g Recipient's Legal Name:Board .,f Count:st Com~,.,;[O~._~6¥t~t,,. Ex-off±c£o __ ~.'- , .~' 1~,. %'. . · the governing board of By Authorized Official: ~~~;-" Title Tom ~ennxn~ Date: ',, ' *'~ ....... .,:- Project St~ Date: February 03. 2003 SFWMD Procurement approved: By: Date: Contract C-15054 Page 9 of 9 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 16C6 Application No: BCB CWRP - FY03 ATTACHMENT "A" C-15054 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well Description: Permit and construct one ASR test well for the purpose of injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Also includes monitor wells Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3re Floor Naples, Fl. 34112 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County and pumps. Type of Organization: County government Is the Project being performed on District property? Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-019995-53¢ Yes [] No · If "yes", please attach District' s Certificate of Insurance. Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No · Year last received: Amount of Funding Received: Authorized Person's Name: 3ames W. DeLony, PE S~gnature, :~T'. Title: -Public Utilities Administrator Telephone Area Code/Number: (g39) 732-2540 Fax Number: (239) 732-2526 Contract C-15054 Page 1 of 8 16C6 DETAILED DESCRIPTION OF PROJECT Statement of Work for the Aquifer Storage and Recovery_ (ASR) Test Well 1.0 Introduction Aquifer Storage and Recovery (ASR) is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. Collier County has identified the need for 140 million gallons of reclaimed water storage in order to expand and maximize the effectiveness of the County's existing reuse program. ASR provides the most cost- effective means to achieve these storage objectives for reclaimed water. Even with the County's extensive reuse program, during rainy periods when irrigation demand is low, excess reclaimed water must be disposed of using percolation ponds and deep injection wells. However, with adequate seasonal storage, reclaimed water can be used much more effectively by reducing irrigation withdrawals from surface or groundwater systems during critical dry season periods and reducing loss of valuable freshwater resources. For these reasons, the use of ASR for storage of reclaimed water is consistent with the goals and objectives of the Big Cypress Basin of the South Florida Water Management District. Collier County has already committed funding and support to ASR technology. The proposed reuse ASR project would utilize reclaimed water fi~om the North County Water Reclamation Facility (NCWRF). The County has already selected a site for the project and submitted the application for the FDEP permit. Initial exploration wells have also been drilled. 2.0 Project Scope The scope of the project is to construct one pilot ASR well and two deep monitor wells. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.5 to 2.0 MGD. Injection would occur over a 90 to 120-day period during the wet season, or whenever excess reclaimed water is available. Recovery would take place on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. The scope of work is detailed in the Work Breakdown Structure (Section 3.0) Contract C-15054 Page 2 of 8 16g6 Plans and contract specifications will be submitted to the County for review and test/construction permits will be obtained prior to start of construction. The principal goals of the project are to: Increase availability of reclaimed water, Decrease the loss of reclaimed water using traditional disposal methods, and Reduce dependence on freshwater aquifers to meet dry season demands. 3.0 Work Breakdown Structure 3.1. Description of Project Elements The pilot ASR well will be completed with a 12-inch diameter casing to approximately 700 feet below land surface (bls) and an open hole extending to approximately 750 feet. Two single-zone monitor wells will be completed to the same depths as the ASR well using 4-inch diameter PVC casing. Final depths will be determined from subsurface data obtained during well construction. The project will be comprised of the following construction elements: 2. 3. 4. 5. Competitive bidding and contract documents Site preparation and drilling pad construction Pilot ASR well construction and testing ASR monitor well construction Submersible pumps purchase and installation Tasks required to complete the pilot ASR project are described below. Task 1 - Preconstmction Activities · Review plans and specifications for pilot ASR well and monitor wells. · Bid Contract, Select Contractor, Award Contract, Notice to Proceed · Acquire Utility Easements. · Obtain required construction permits. Work Products: Deliverable: Contract Documents for pilot ASR well and monitor well, construction permits. Approved Plans and Specifications, Contract Documents, Recorded Easements, Construction permits. Task 2 - Preliminary Construction Activities Review and evaluate contractor submittals. Clear site and conduct surveying. Mobilize drilling equipment. Contract C-15054 Page 3 of 8 16C6 Work Products: Deliverable: Install temporary utility services. Construct drilling pad and install water table monitor wells. Contractor submittals, equipment list, material and supplier's list, subcontractor's list, horizontal and vertical control, daily log (applicable to all tasks), mill certificates. Completed materials/equipment lists. Task 3 -Drilling and Testing of Pilot ASR Test/Monitor Wells · Install 20-inch diameter pit casing to approximately 30 feet. · Drill 9-inch diameter pilot hole fi.om land surface to approximately 400 feet using the rotary mud method. Conduct geophysical logging on pilot holed. · Ream nominal 20-inch diameter hole fi.om pit casing to approximately 400 feet. · Set and cement in place to land surface approximately 400 feet of 12-inch diameter Schedule 80 PVC casing. · Drill 9-inch diameter pilot hole from approximately 400 feet to approximately 1,000 feet using the reverse air drilling method. Perform open hole flow test and up to 5 single packer tests as determined by the well-site geologist. · Conduct geophysical logging and television survey of the completed borehole following pilot hole drilling and testing. · Backfill pilot hole to approximately 750 feet with cement. · Set and cement in place to land surface approximately 700 feet of 4-inch diameter Schedule 80 PVC casing. Cementing will be conducted in stages of less than 100 feet. · Perform temperature logs on each stage of cement and perform a pressure test on the final casing. · Drill a nominal 3-3/4-inch diameter borehole from approximately 700 feet to 750 feet below land surface. · Develop the open borehole and collect a water sample fi.om the open zone. · Install temporary wellhead assembly, set up pump testing equipment and discharge piping, collect background water level data and perform a preliminary pumping test. Collect water samples for water quality analysis. · Install permanent wellhead equipment, piping, appurtenances, concrete pad and perform disinfection. · Demobilize equipment, clean and restore drilling site. Work Products: Deliverable: Lithologic samples, water samples, geophysical logs, video survey, geologist log, water quality analyses results, packer test data and interpretation results, instrument calibration data, cementing operations plan and records, casing installation tabulation, description/record drawings, well completion report, and drilling disposal plan and approval. Installed and Tested ASR Monitor Wells. Task 4 -Drilling and Testing of Pilot ASR Iniecfion/Recovery Well · Set and cement in place surface casing to approximately 50 feet. Contract C-15054 Page 4 of 8 16C6 Drill a 9-inch diameter pilot hole from land surface to approximately 700 feet using the rotary mud method. Perform geophysical logging. Ream the pilot hole to a nominal 22-inch diameter borehole from land surface to 100 feet and to a nominal 18-inch diameter from 100 feet to approximately 700 feet. Set and cement in place 12-inch diameter casing from approximately 700 feet to 100 feet coupled to 16-inch diameter casing from 100 feet to land surface. Perform temperature logs on each stage of cement and perform a pressure test on the final casing. Drill and core a 9-inch diameter pilot hole from approximately 700 feet to a total depth of approximately 750 feet using the reverse air drilling method. Collect up to 50 feet of conventional core as directed by the well site geologist. Conduct geophysical logging and video survey of the completed pilot hole. Ream pilot hole to nominal 12-inch diameter open hole. Develop the open borehole, collect a water sample from the ASR zone, all as specified. Install temporary wellhead assembly, set up pump testing equipment and discharge piping, collect background water level data and perform a 72-hour aquifer performance test. Collect water samples for water quality analysis. Install permanent wellhead equipment, piping, pump and pump colmnn, instrumentation and appurtenances, concrete pad and perform disinfection. Demobilize equipment, clean and restore drilling site. Work Products: Deliverable: Lithologic samples, geophysical logs, video survey, laboratory analyses, instrument calibration data, cementing operations plan and records, casing installation tabulation, development and test records, inclination survey test results, final well description/record drawings, records required by law, well completion report, grout card and drilling water disposal plan and approval. Installed and Tested Pilot ASR Well. Well Completion Report with all data. Task 5 -Construction of Subsurface Facilities Install pump in ASR well. Relocation of system corrosion stabilizer injection location. Demobilization (restoration and cleanup). Work Products: Deliverable: Vertical and horizontal control, materials tabulation records, testing records, startup logs, and certifications. Completed Subsurface Facilities. Task 6 - Final Construction Documents · Prepare shop drawings and equipment information. · Prepare operations and maintenance manuals. · Conduct training on equipment operations and maintenance. · Certify preparation of operation and maintenance ~nanuals. Contract C-15054 Page 5 of 8 Work Products: Shop drawings, record drawings, one copy of Operation & Maintenance Manuals. Final Construction Doctanents. Deliverable: 3.2. Design Description A schematic diagram of the pilot ASR project wells is shown in the Project Schedule. includes the following: · The ASR pilot The design One 12-inch diameter injection well cased to approximately 700 feet below land surface, and an open hole injection/recovery zone from approximately 700 to approximately 750 feet. Two 4-inch monitor wells cased to approximately 700 feet below land surface, and an open hole monitor zone from approximately 700 to 750 feet. project is designed to obtain site-specific hydrogeologic and water quality data in order to identify and select an optimum storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confuting characteristics of the zones above and below the storage zone. Final completion depths for the ASR well will be determined following review and interpretation of data collected during construction of the monitor well pilot hole. The deep test/monitor well will subsequently be used as an observation well for an aquifer performance test, and a monitor well for the storage interval during operational testing of the ASR well. 3.3. Project Justification and Cost/Benefit Estimates This project is justified because of the opportunity to conserve significant quantities of fresh water and to reduce the mnount of reclaimed water being lost through conventional disposal methods. Dtmng the wet season or other rainy periods, reclaimed water frequently goes unused. With adequate storage available, this excess water would be available for beneficial use during the dry season. The storage of wet season reclaimed water for use during the dry season will also relieve demands on potable aquifers during the dry season. The capital cost of ASR versus the cost of conventional water storage is more economic than conventional storage. Other cost/benefit opportunities will be seen when the ASR program is complete and the dry season irrigational demands are supplied with stored ASR wells, thus reducing potable water demands. The projected budget for the proposed overall ASR project is $2,000,000, as identified in the Contract C-15054 Page 6 of 8 i.. n-, rr'w 121121 ,,, >-,~ --~ tJ.I Ou- 16C6 County's FY 03 $1,000,000. Capitol Improvements Projects. 16C6 This portion of the project is estimated to cost 3.4. Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: · · A means to meet future irrigation water storage and demand. Effective management of existing water resources including the ability to: Maintain Wellfield safe yield Enhance wet season production - Reduce aquifer stress during the dry season Reduce or delay the need for future well field expansion. 4.0 Project Cost The ASR project is estimated at $1,000,000. The individual cost estimates for various task described above are as follows: Task Description Costs * 1 Preconstruction Activities $150,000 2 Preliminary Construction Activities $150,000 3 Monitoring Wells $375,000 4 ASR Pilot Well $300,000 5 Final Construction Documents $25,000 Total Estimated Design and Construction Cost $1,000,000 * Costs are estimated to include 15% contingency. 5.0 Location of the Project The project is located north of the Pelican Bay Wellfield, off Livingston Road in Collier County, as shown in Figure 1. The injection well and monitor wells will be installed in easements obtained by the County. 6.0 Deliverable Schedule Table 1 provides a detailed project schedule and payment amounts. The project is estimated to be completed in 12 months. Preconstruction activities will commence in January 2003 with all construction completed by December 2003. Contract C-15054 Page 7 of 8 © o LEE COUNTY .5 1 MILES LOCATION FIGURE 1 16C6 I J?r, AQUIFER STORAGE AND RECLAIMED WATER RECOVERY ASR) TEST WELL( COLUER COUNTY GOVERNMENT PUBUC UTIUTIES ENGINEERING DEPARTMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE WATER RESOURCES PROJECT APPUCATION FY 2003 - BIG CYPRESS BASIN ilRIILIY AND HANIIN '-'-. NOVEMBER 2002 Contract C-15054 Page 8 of 8 SOUTH FLORIDA WATER MANAGEME~ DISTRICT 16C6 3301 Gun Club Road, West Palm Beach, Florida 33406 ° (561) 686-8800 ° FL WATS 1-800-432-2045 ° TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 ° www. sfwmd.gov ADM 28-06 March 20, 2003 Mr. James W. DeLony 2685 South Horseshoe Drive Horseshoe Square Suite 212 Naples, FL 34104 Dear Mr. DeLony: Subject: Contract No. C-15061 Vanderbilt Beach Road 20-Inch Reclaimed Water Main Enclosed please find one (1) fully executed copy of the above referenced contract. you have any questions, please contact me at (561) 682-6444. Thank you for your efforts on behalf of the District. Sincerely, j oann~e~u~e Contract Specialist Procurement Department /JM Enclosure C~ Procurement Original File Alex Quintero, 6611 Kent Feng, 1540 If GOVERNING BOARD EXECUTIVE OFFICE Trudi K. Williams, P.E., Chair Lennart E. Lindahl, P.E., Vice-(~hair Pamela Brooks-Thomas Michael Collins ttugh M. English Gerardo B. Fernandez Patrick J. Gleason, Ph.D., P.G. NicolAs J. Guti~rrez, Jr., Esq. Harkley R. Thornton Henry Dean, Executive Director 16C6 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY - WATER/SEWER Recipient's Project Manager: James W. DeLony Address: 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: (239) 659-5790 SFWMD Project Manager: Kent Feng Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 59-6000558 Project Title: Vanderbilt Beach Road 20-Inch Reclaimed Water Main Description: Construction of water main along Vanderbilt and Airport Road availability of reclaimed water to customers east of 1-75. to Village Walk Circle to increase Contract C-15061 Page ! of 9 16C6 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15061 Page 2 of 9 16 6 4.1 4.2 4.3 4.4 4.5 5.1 5.2 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15061 Page 3 of 9 16 6 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15061 Page 4 of 9 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15061 Page 5 of 9 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carder's authorized representative. Contract C-15061 Page 6 of 9 16( 6 10.1 10.2 10.3 11.1 11.2 11.3 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15061 Page 7 of 9 11.4 11.5 11.6 16C6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15061 Page 8 of 9 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~D:f :~ :7~d(~ p rocu re men Director Recipient's Legal Name: Board~of Countlf Commissioners, Ex-officio the governing board of th~Collie~ounty W~-Sewer District ~-~ q-- O~ ~: d'-.lrT,-,.::i.¥~,~:., "-- · Title: Tom Henning, Chairman Date: SFWMD Procurement approved: By: ..~~. ~_,//./Bl~[}--: _ Date: Contract C-15061 Page 9 of 9 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 16C6 Application No: BCB CWRP - FY03 c-15061 (District to provide) Attachment "A" The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer bistrict (State Div./Dept. if applicable) Project Title: Vanderbilt Beach Road 20-Inch Reclaimed Water Main Description: Construction of approximately 8,600 LF of 20-inch reclaimed water main along Vanderbilt Beach Road from Airport Road to Village Walk Circle to increase availability of water to customers e~_st of Z-7§. Type of Organization: County &overnment Is the Project being performed on District property? Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3'a Floor Naples, FL 341 !2 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-01999§-§3¢ Yes [] No · District's Certificate of Insurance. Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No · Year last received: Amount of Funding Received: Authorized Person's Name: ~a~, W. beLony, PE Signature: { ~' , / ..x.. ~/' Title:~ Public Utilities Administrator Telephone Area Code/Number: (239) 732-2540 Fax Number: (239) 732-2526 Contract C 15061 Page 1 of 5 3.0 Work Breakdown Structure 3.1 Descriptions of Projects Elements The project is comprised of construction of a new 20-inch reclaimed water transmission main to match existing pipeline sizes presently installed along Vanderbilt Beach Road. The tasks required to complete the new pipeline is as follows: Task 1 - Competitive Bidding and Award of Contract · Advertise project · Receive bids · Award contract and give notice to proceed Work Products: Bidding and Contract Documents and Construction Permits. Deliverables: Approved Contract Documents, Construction Permits. Task 2 - Construct New Pipeline · Review shop drawings and contractor submittals · Mobilize to site Construct new 20-inch pipeline · Test pipe, make final connections and operate new pipeline Work Products: Contractor Subcontractors List. Submittals, Equipment List, Material and Supplier's List, Deliverables: New 20-inch Reclaimed Water Transmission Main. Task 3 - Final Contract Documents · Prepare as-built construction plans · Project close-out Work Products: Shop Drawings and Record Drawings. Deliverables: Final Construction Documents. 3.2 Project Justification This project is justified because it provides much-needed reclaimed water transmission main to an area that is presently without a source of reclaimed water. The cost benefits for providing reclaimed water for irrigation use outweighs the cost of providing potable water for irrigation purposes. Contract -15061 Page 2 of 5 DETAILED DESCRIPTION OF PROJECT Statement of Work for Vanderbilt Beach Road Reclaimed Water Main 16 6 1.0 Introduction The County, in an ongoing commitment to decrease the amount of potable water being used to irrigate lawns, provides reclaimed water generated at the County wastewater treatment facilities for irrigation purposes to neighboring golf courses, park, and large developments. The County presently has an eXtensive reuse program that provides reclaimed water to most of the service area. The County continues to improve the reclaimed water coverage area by providing new transmission mains to areas of the County that are not presently served with a reclaimed water source. The area adjacent to Vanderbilt Beach Road, east of 1-75, is experiencing rapid growth with newer residential neighborhoods and golf courses, and is one such portion of the County where the network of reclaimed water transmission mains has not been constructed. The County recently completed the design plans and specifications for 8,600 linear feet of 20-inch reclaimed water transmission main to be constructed along Vanderbilt Beach Road in the North Service Area. The project will provide the much-needed hydraulic loop between the source of reclaimed water at the North County Water Reclamation Facility (NCWRF) along Goodlette-Frank Road and the outlying transmission system east of Interstate-75 and County Road 951. The project is in the heart Collier County's fastest growing area with high irrigation water demands. By providing this connection between two existing 20-inch transmission mains presently installed alongVanderbilt Beach Road, the Vanderbilt Beach Road reclaimed pipeline will be complete east of Airport-Pulling Road to west of Village Walk Circle. 2.0 Project Scope The PROJECT includes the following: · Competitive bidding and award of the project; · Review of shop drawings from the contractor; · Construction of the pipeline; · Testing and connections; and · Inspections and delivery of final construction documents. Contract C-15061 Page 3 of 5 3.3 Long-Term Benefits As with other reclaimed water transmission mains presently in operation throughout the County, this connection will provide an increase in working pressures for the eastern area of the reuse system. Once constructed, the pipeline will provide a source of irrigation water to the residents along Vanderbilt Beach Road. The County has recently completed a north-south interconnection of the reclaimed water transmission system. This pipeline will allow more reclaimed water flow to be sent from the South County Water Reclamation Facility to the areas of high demand in the North Service Area. This will reduce the need to pump water from the Immokalee (supplemental water) well field during periods of high demand. In addition, the reduction of potable water being used for irrigation purposes will reduce potable water demands and the need for costly water treatment plant and wellfield expansions, thus providing a long-term benefit to the natural water resources of the Big Cypress Basin. 4.0 Project Cost The project cost identified in the County's FY 03 budget for this project is $739,600. 5.0 Location of Project The 8,600-inear feet of new 20-inch transmission main will be constructed within the right-of-way of Vanderbilt Beach Road, from Airport-Pulling Road east to Village Walk Circle, as shown on Figure 1. 6.0 Schedule The reclaimed water transmission main can be bid and constructed within 12 months. The proposed schedule for the various tasks described above is as follows: Cumulative Time for Task/Description Time for Completion Completion Task 1: Bidding 12 Weeks 12 Weeks Task 2: Construction 32 Weeks 44 Weeks Task 3: Final Documents 8 Weeks 52 Weeks Contract C-15061 Page 4 of 5 0 LEE COUNTY LOCATIi MIl,ES 22 7 8 1T VANDERBILT BEACH ROAD RECLAIMED WATER INTERCONNECT COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE WATER RESOURCES PROJECT APPLICATION FY 2003 - BIG CYPRESS BASIN BRII~IY ANI] HANIIN ,-,-0 NOVEMBER 2002 Contract C-15061 Page 5 of 5 SOUTH FLORIDA WATER I~I_ANAGE~ DISTR~CT 16C6 3301 Gun Club Road, West Palm Beach, Florida 33406 ° (561) 686-8800 ° FL WATS 1-800-432-2045 ° TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 ° www. sfwmd.gov ADM 28-06 March 20, 2003 Mr. James W. DeLony 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Dear Mr. DeLony: Subject: Contract No. C-15062 South County Wastewater Service Area Inflow & Infiltration Study Enclosed please find one (1) fully executed copy of the above referenced contract. you have any questions, please contact me at (561) 682-6444. Thank you for your efforts on behalf of the District. Sincerely, Jeanne Rule Contract Specialist Procurement Department /JM Enclosure C~ Procurement Original File Alex Quintero, 6611 S. Ahmed, 4240 If GOVERNING BOARD EXECUTIVE OFFICE Trudi K. Williams, P.E., Chair Lennart E. Lindahl, P.E., Vice-Chair Pamela Brooks-Thomas Michael Collins Hugh M. English Gerardo B. Fernandez Patrick .[. Gleason, Ph.D., P.G. Nicolas J. Guti6rrez, Jr., Esq. Harkley R. Thornton Henry Dean, Executive Director 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY - WATER/SEWER Recipient's Project Manager: James W. DeLony Address: 2685 South Horseshoe Drive Horseshoe Square, Suite 212 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: (239) 659-5790 SFWMD Project Manager: S. Ahmed Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: (239) 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 59-6000558 Project Title: South County Wastewater Service Area Inflow & Infiltration Study Description: Inflow & infiltration study of existing sanitary sewer system for the South County Wastewater Service Area, identify wastewater repairs, coordinate stormwater improvements and establish public awareness program. Contract C-15062 Page 1 of 9 1606 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15062 Page 2 of 9 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15062 Page 3 of 9 16 6 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agr~ment shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the fight to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15062 Page 4 of 9 16C6 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15062 Page 5 of 9 assert any exemptions to the requirements of Chapter 119 and related Statutelth6 c 6 burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carder's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. Contract C-15062 Page 6 of 9 16C6 10.1 10.2 10.3 11.1 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, dots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15062 Page 7 of 9 11.4 11.5 11.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15062 Page 8 of 9 16C6 IN WITNESS VvTIEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~e~Fr~ ~i'ayde.nffProcurement DirectOr Date: ~'--( 7~'O ~ Recipient's Legal Name:Board ~f Count~ Commissi.o..q~¥.,s, Ex-officio the ~overnin~ board of the Gfirllier O~nty / /// - ~cial *--*/~~ *, By Authorized 0 : : c...~ .-,~ 3. ,2? Date: C /;,_'*. ",'¢,- .~' Project St~ Dare,arch 3, 2003 SFWMD Procurement approved: Date: Contract C-15062 Page 9 of 9 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 16C6 Application No: BCB CWRP - FY03 C-15062 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: South County Wastewater Service Area Inflow and Infiltration Study Description: Inflow and infiltration study of existing sanitary sewer system for the South County Wastewater Service Area, identify wastewater repairs, coordinate stormwater establish public awareness improvements and pro,ram. Type of Organization: County ~overnment Is the Project being performed on District property? Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3rd Floor Naples, FL 34112 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-01999§-§$C Yes [] No · If "),es", please attach District's Certificate of Insurance. Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No · Year last received: Amount of Funding Received: Authorized Person's Name: ~Tames W. DeLony, PE Signature: *'"' 2 /. ~ ~ ~.,,. Title: Pq,t?lic DtilitJes AdminJs~rrator Telephone Area Code/Number: (239) 732-2540 Fax Number: (239) 732-2526 Contract C-15062 Page 1 of 7 DETAILED DESCRIPTION OF PROJECT 16C6 Statement of Work for South County Wastewater Service Area Inflow and Infiltration Study 1.0 Introduction The South County Wastewater Service Area includes several older developments in low-lying areas. During periods of wet weather, the wastewater system experiences overflows at wastewater pumping stations and flows to the treatment plant increase dramatically. The project includes two components during the next twelve months. One component is the wastewater inflow and infiltration (I/I) study and the second component is the stormwater improvement study. Implementation of improvements will start after completion of the study and is not included in the Statement of Work for the next twelve months. The goals of this study are to: · Identify wastewater system improvements to eliminate wastewater overflows in the South Service Area during wet weather events and reduce stormwater and groundwater flows to the wastewater treatment plants; · Identify stormwater improvements to minimize local flooding in the South Service Area; and · Establish a pubhc awareness program to explain the importance of reducing stormwater inflows to the wastewater system. This project will identify improvements to significantly reduce flows to the wastewater treatment plants, thus potentially postponing the need for costly plant expansions. This project will also assist in development of stormwater system improvements that will reduce localized flooding. This project was identified in the 2001 Wastewater Master Plan Update, which was adopted by the Board of County Commissioners (BCC) on December 8, 2001. Funding for the project is included in the County's FY 2003 budget, which has also been approved by the BCC. 2.0 Project Scope The project includes the following: · Review of existing data relating to the south wastewater collection system; · Coordination with the Stormwater Section of the Transportation Engineering and Construction Management Department of the Transportation Division (Stormwater Section); · Procurement of testing contractors; · Determination of additional data gathering and testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; · Public education; · Identification of stormwater collection improvements; · Data collection and field testing by testing contractor(s); and · Preparation of a summary of data collected and recommended repairs. Contract C-15062 Page 2 of 7 16C6 The output for these services will be a report to the County detailing the data collected, field testing results, deficiencies identified, recommended repairs and implementation schedules. A description of the tasks is presented below. 3.0 Work Breakdown Structure Task 1. Gather and Review Existing Data Gather and review available basic data relating to the south wastewater collection system, including the following: Electronic files of wastewater collection system and storm sewer system for the portion of the systems owned by Collier County, including available GIS information; Available plans of privately owned systems that connect to the Collier County system; Existing data relating to wastewater flow measurements, pumping station nm times, rainfall data, seasonal population by service area, and aerial mapping; Review selected information that has been obtained by Collier County Wastewater Collections Department, including TV inspections, testing reports, sewer repair records, smoke testing records, manhole inspection reports and related available information; and Obtain available information on localized flood data from the Stormwater Section. Task 2. Develop Data Collection Approach Based on review of existing data, identify additional data collection and testing requirements and procedures. · Prioritize, in coordination with the Wastewater Collections Department, the locations where additional data gathering and testing is required. · Perform windshield field review of study area. · Develop data gathering and testing procedures for high-priority locations that may include the following: 1. Wet/dry weather flow measurements/monitoring 2. Smoke testing of sewers 3. Dye water tracing 4. Manhole inspections 5. TV inspections · Develop and prioritize procedures for wet weather event data collection, which may include the following: 1. Flow measurement at selected manholes and pumping stations 2. Rainfall data collection 3. Identification of localized flooding · Procure contractors to perfonn I/I testing services. Bidding documents for contractor I/I testing services will be advertised and received by the County Purchasing Department. Contract C-15062 Page 3 of 7 Task 3. Collect and review current planned stormwater improvements within the Project area. Assist County Stormwater Section in development and review of stormwater options. Attend meetings with County Stormwater Section to coordinate l/I study procedures, obtaining new data and evaluation of data. Task 4. Collect New Data Execute data collection approach developed in Task 2. Contact owners of private systems to allow entry and schedule for inspections and testing. Perform field inspections and assist in data collection. Summarize collected data in Excel spreadsheet format. Spreadsheet data shall include system deficiencies by location and information related to reconunended repairs, including repair type and repair schedule. All testing will be performed by contractors currently retained by the County. Task 5. Prepare Summary_ Repo~ Prepare draft report to document field-testing results, including locations tested, types of tests performed, test results, and deficiencies noted. Report shall include photographic documentation of deficiencies and repairs. Recommendations shall be presented based on cost-effectiveness. Submit ten copies of the draft report to County for review. Prepare final report. Meet with County to discuss draft report comments. Submit ten copies of final report to County. Task 6. Public Awareness Program There will be interface with the public during the field-testing program. In advance of testing, the public will be made aware of the testing program. Meetings will be held with homeowners associations and doorknockers will be provided in the areas to be tested. A brochure will be prepared to send with the wastewater bill to the customers explaining the I/I program and demonstrating the importance of reducing inflow and infiltration, including the additional costs to pump and treat stormwater at the wastewater plants. The brochure will include potential proposed stormwater system improvements and discourage residents from opening cleanouts and manholes to drain locally flooded areas. This brochure will be added to the County's website. 4.0 Project Cost The project cost identified in the FY 03 budget for this study is $200,000. Contract C-15062 Page 4 of 7 16 6 5.0 Location of the project The general location where the study will be performed is shown on Figure 1. Specific locations within the study area will be prioritized based on local flooding problems and locations of wastewater spills associated with wet weather. 6.0 Deliverable Schedule The inflow and Infiltration study will be completed within one year. The proposed schedule for the various tasks described above is as follows and as shown on Table 1: Cumulative Time for Task Description Time for Completion Completion_ Task 1: Gather Data 4 Weeks 4 Weeks Task 2: Develop Data Collection Approach 10 Weeks 13 Weeks Task 3: Coordinate with Stormwater Section Concurrent with other tasks Task 4: Collect New Data 30 Weeks 43 Weeks Task 5: Prepare Summary Report 12 Weeks 52 Weeks Task 6: Public Awareness Program Concurrent with other tasks Contract C-15062 Page 5 of 7 I,I Contract C-15062 Page 6 of 7 W W oo_ n-er. 1606 Contract C-15062 Page 7 of 7 1601 MEMORANDUM Date: To: From: Re: February 27, 2003 Jorge Aguilera, Training Commander EMS Teri Michaels, Deputy Clerk Minutes & Records Department Training Affiliation Agreement Between Collier County And The Cleveland Clinic Hospital Enclosed please find two (2) original documents as referenced above (Agenda Item #16D1), approved by the Board of County Commissioners on February 25, 2003. The duplicate original contract is being retained for the record. If you should have any questions, please contact 774- 8406. Thank you. Enclosure (2) AFFILIATION AGREEMENT By and Between: CLEVELAND CLINIC FLORIDA HOSPITAL NAPLES NON-PROFIT CORPORATION 6101 Pine Ridge Road Naples, Florida 34119 BOARD OF COUNTY COMMISSIONERS 3301 Tamiami Trail Naples, Florida 34110 BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "EMS" and CLEVELAND CLINIC FLORIDA HOSPITAL NAPLES NON-PROFIT CORPORATION, hereinafter referred to as "Affiliate", enters into this agreement. This agreement is for the following program: · Clinical experience in the Emergency Department for Paramedics assigned To EMS (see Addendum) WHEREAS, EMS is desirous of establishing an agreement to guide and direct the parties respecting their affiliation and working relationship, inclusive of anticipated future arrangements and agreements in furtherance thereof, to provide high quality clinical learning experiences for paramedics assigned to EMS with Affiliate. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: A. GENERAL UNDERSTANDING: 1. The clinical learning experiences to be provided will be of such content and cover such periods of time as may, from time to time, are mutually agreed upon by EMS and the Affiliate. The number of paramedics designated for participation in a clinical learning experience, the time and length of the learning experience, and the availability of learning opportunities will be mutually determined by agreement of the parties in advance of the clinical assignment. All paramedic participants must be mutually acceptable to both parties and either party may temporarily withdraw any paramedic from the learning experience if safety is at risk. If for any other reason either party reasonably believes that it is not in the best interest of the Affiliate, EMS, and/or paramedic for the paramedic to continue the matter will be discussed by appropriate Affiliate and/or EMS officials. Further action regarding paramedic status will follow EMS policy. B. MUTUAL RESPONSIBILITIES (EMS, Affiliate, Paramedics): The parties will work together to maintain an environment of quality clinical learning experiences and quality client care. At the request of either party, a meeting or conference will be promptly held between EMS and Affiliate representatives to resolve any problems, evaluate and improve program, propose changes in curriculum design, or develop any improvements in the operation of the contemplated clinical learning experience. 1601 Ail parties will be nondiscriminating on the basis of a person's race, color, gender, religion, creed, national origin, disability, marital status, Vietnam or disabled veteran status, or age. All parties will make reasonable accommodation for disabled persons. o In the event of an accident or incident which might involve legal liability on the part of a paramedic, each party will submit an incident or accident report to the appropriate department within the EMS or Affiliate. 4. The confidentiality of client and student records shall be maintained at all times. AFFILIATE RESPONSIBILITIES: The Affiliate will be responsible for the organization, administration, staffing, operating, and financing of its services, and the maintenance of accepted standards for efficient management, and will operate in accordance with acceptable health care standards. The Affiliate will retain responsibility for the care of clients/patients and will maintain administrative and professional supervision of paramedics insofar as their presence and program assignments affect the operation of the Affiliate and its care, direct and indirect, of clients/patients. The Affiliate will provide qualified personnel to supervise/instruct paramedics, as applicable. 3. The Affiliate will refrain from the practice of using paramedics in lieu of professional or non- professional staff. 4. The Affiliate will accept from EMS the number of paramedics that qualified staff, time, and space permit. 5. The Affiliate will provide the paramedic appropriate participation in client care or other learning processes necessary to accomplish the educational outcomes of the affiliation experience. 6. The Affiliate shall provide appropriate orientation for both EMS staff and participating paramedics (e.g. facility tour, philosophies, rules, regulations, policies, and conduct expectations). o The Affiliate will provide adequate resources for participating paramedics in accordance with the objectives developed through cooperative planning by EMS and the Affiliate's staff. Included may be such resources as library, conference space, classrooms, cafeteria, lounges, parking, office or work space, and dressing rooms. 8. The Affiliate shall, as appropriate, assist EMS in collaborative assessment of each paramedic. 9. The Affiliate will provide emergency care to paramedics and faculty in case of accident or illness while engaged in clinical learning experiences. EMS RESPONSIBILITIES: 1. EMS will use its best efforts to ensure that the clinical learning experiences are conducted in such a manner as to enhance client/patient care. EMS will assure that Paramedics selected for participation in clinical learning experiences are prepared for competent and safe participation in the clinical experiences. mo 16111 3. Prior to the commencement of a clinical learning experience, EMS will provide responsible Affiliate officials with the name(s), dates and hours of assignment of paramedics. o ° EMS will require paramedics to abide by the Affiliate's rules, standards, regulations and procedures, and use its best efforts to keep paramedics informed as to the same and any changes therein. EMS will require paramedics to either be vaccinated for Hepatitis B or sign a release if declining that vaccination, and complete all other immunizations/health examinations required by the Affiliate. EMS will maintain proof of liability insurance for participating paramedics and faculty, with minimum limits of$1,000,000/$3,000,000. Upon request, evidence of such insurance will be provided. EMS assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of EMS paramedics while acting within the scope of their employment by EMS. GOVERNMENT REGULATIONS: To the extent applicable, Affiliate agrees that it will comply with: o Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. Executive Order 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor, which prohibit discrimination in government employment on the basis of race, creed, color, or national origin. The Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, 38 U.S.C.219 et seq., covering rehabilitation measures for Vietnam Veterans. 1601 8. Section 413.036 of the Florida Statutes, which provides for the procurement of services from a qualified nonprofit agency for the blind or for the other severely handicapped. 9. Chapter 760, Florida Statutes, which prohibits discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or marital status. 10. All regulations, guidelines and standards as are now or may be lawfully adopted under the above statutes. AGREEMENT REVIEW: This agreement shall be effective upon the date of last parties signature, and shall be reviewed by each party annually, or when requested by either party, and remains in effect unless canceled by either party, and shall not be affected by changes in ownership, personnel, positions, and/or titles. (Change in Affiliate ownership will be reported to EMS within 30 days.) The Agreement may be cancelled by either party only after written notice to the other party of the intent to cancel. Written notice of cancellation shall be made not less than ninety (90) days prior to the beginning of the next scheduled learning experience. In no event may a cancellation take effect during a clinical training cycle, thereby allowing paramedics currently enrolled and participating to have the opportunity to complete the program at the Affiliate. This Agreement may be unilaterally canceled by EMS for refusal by the Affiliate to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by Affiliate in conjunction with this Agreement. All notices and all other matters pertaining to this Agreement requiring delivery to a party shall be in writing and shall be deemed to have been duly given when received by the addressees at the following addresses. Melinda L. Estes, M.D. and Chief Executive Officer Cleveland Clinic Florida Hospital Naples Non-Profit Corporation 6101 Pine Ridge Road Naples, Florida 34119 The Cleveland Clinic Foundation Office of General Counsel-Mail Code TT33 9500 Euclid Avenue Cleveland, Ohio 44195 MISCELLANEOUS NON-DISCRIMINATION. When carrying out this Agreement, each party agrees not to discriminate on the basis of religion, race, creed, national or ethnic origin, sex, age, handicap, political affiliation, sexual orientation, disability or status as a disabled veteran or veteran of the Vietnam era. SCREENING REQUIREMENTS. EMS shall ensure students comply with all recommended screening requirements of Affiliate to ensure student is suitable and able to interact with patients; i.e., health screening tests and vaccinations (PPD and MMR), drug screening, criminal background check and fingerprinting. Such test results shall be made available to Affiliate upon request. EMS shall provide documentation that all students have received Occupational Safety and Health Administration training for bloodbome pathogens and universal precautions and shall be offered Hepatitis B vaccination. If Hepatitis B vaccination is declined the student shall be required to sign a form indicating that they are award of the virus. DRUG FREE WORKPLACE. EMS shall inform all students participating in the program that Affiliate is committed to keeping its work place free of illegal drugs in accordance with the guidelines set forth in the Drug-Free Workplace Act of 1988, Pub. L. No. 200-690, codified at 41 U.S.C. § 701, et. seq. Compliance with this drug prohibition is a condition of participation in the program and violators are subject to discipline including termination of participation privilege. Accordingly, illegal drugs are prohibited on Affiliate premises and Affiliate will not tolerate the unlawful or unauthorized use, manufacture, possession, sale or transfer of illegal or controlled substances of abuse or unauthorized use of alcohol on or around Affiliate property. CHANGE IN LAW. By entering into this Agreement, the parties specifically intend to comply with all applicable laws, rules and regulations as they may be amended from time to time. In the event that any part of this Agreement is determined to violate federal, state, or local laws, rules, or regulations, the parties agree to negotiate in good faith revisions to the provision or provisions that are in violation. In the event the parties are unable to agree to new or modified terms as required to bring the entire Agreement into compliance, either party may terminate this Agreement on thirty (30) days written notice to the other party. COMPLIANCE WITH FEDERAL PROGRAMS. By signing this Agreement, EMS hereby represents and warrants the following: that it has not been debarred, excluded, suspended or otherwise determined to be ineligible to participate in federal health care programs (collectively, "Debarment" or "Debarred", as applicable); and that it shall not knowingly employ or contract with, with or without compensation, any individual or entity (singularly or collectively, "Agent") listed by a federal agency as Debarred. To comply with this provision, EMS shall make reasonable inquiry into the status of any Agent contracted or arranged by EMS to fulfill the terms of this Agreement by reviewing, at a minimum, the Health and Human Services - Office of Inspector General Cumulative Sanctions Report (www.dhhs.gov/progorg/oi~) and the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs (www.amet.gov/epls), which intemet sites may be revised from time to time by the U.S. government. o EMS agrees to act in compliance with all laws and regulations, including without limitation, Medicare and Medicaid program requirements as applicable and federal and state privacy laws and regulations including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which relate to EMS's performance of this Agreement. EMS agrees that Affiliate shall have the right to automatically terminate this Agreement in the event EMS fails to comply with this provision. By signing this Agreement, EMS agrees that Affiliate shall have the right to automatically terminate this Agreement in the event that EMS is debarred, excluded, suspended or otherwise determined to be ineligible to participate in federal health care programs (collectively, "Debarred" or "Debarment"). Accordingly, EMS shall provide Affiliate with immediate notice if EMS (i) receives notice of action or threat of action with respect to its Debarn~ent during the term of this Agreement; or (ii) becomes 1601 Debarred. Upon receipt of such notice from EMS, this Agreement shall automatically terminate without further action or notice. MODIFICATION. This Agreement may not be amended or modified unless done so in writing by both parties to this Agreement. I~FdE~]?~d~[d.T~. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its term. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. RECEIPT Affiliate hereby acknowledges receipt of a copy of this AGREEMENT. This AGREEMENT must be signed by all parties and dated, and the Addendum attached is incorporated into this Agreement, before it shall take effect. CLEVELAND CLINIC FLORIDA HOSPITAL and BOARD OF COUNTY COMISSIONERS NAPLES NON-PROFIT CORPORATION Signature Signature Melinda L. Estes. M,D, Date: Date: Witness Witness Witness Witness APPROVED A8 TO FORM /~CF-OFFICE OF NE C DATE z~ 1/~ I(>~. 1601 BOARD OF C~UNTY C~)MMISSIONERS C O LL IER C.~T Y,ffj~) RID A -Ill TOM HENNING, Chairman Approved a~ to Form and Legal-Sufficiency. (Jatzqueline Hubbard Robinson '~sistant County Attorney 161]1 ADDENDUM TO AFFILIATION AGREEMENT COLLIER COUNTY EMS CLINICAL EXPERIENCE EKG Defibrillation Application of External Pacer CPR Intubation Oral Nasal Suctioning Technique Oxygen Therapy IV Therapy Peripheral Blood Glucose Levels Blood Gas Drawing under the supervision of Respiratory Therapist Vital Signs Wound Care Nasogastric Tubes 16D2 DOCUMEN NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16D3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16 4 TO: FROM: DATE: RE: MEMORANDUM Sheree Mediavilla Risk Management Department Jim Albury, Purchasing Agent Purchasing Department February 12, 2003 Review of Insurance for RFP # 02-3393 Sparks Exhibits & Environments, Inc. DATK ?. 2003 Ri~, ~GEMENI' Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8965. /ia cc: mediavilla s To: Subject: Carroll, Denise RE: RFP# 02-3393 Carroll: Thanks for clarifying this for us. Attorney for their review. I will forward this RFP on to the County Sheree Mediavilla ..... Original Message ..... From: Carroll, Denise [mailto:Denise. Carroll@Citizensbank.com] Sent: Thursday, February 27, 2003 11:57 AM To: 'shereeMediavilla@colliergov.net' Cc: Odell, Steve; Garofalo, Eileen Subject: FW: RFP# 02-3393 Sheree: I called your office and you were out. I spoke to Joel in your absence and he agreed to give you a message to call me. My number is 484-530-6509. I want to speak to you about the Professional Liability requirements in the insurance specs for the Collier County Museum project. Please see the note from Leo English below. Sparks Exhibits does not have staff architects or engineers on staff. Therefore they do not carry Professional Liability coverage. ..... Original Message ..... From: Leo English [mailto:lenglish@SparksOnline.com] Sent: Thursday, February 27, 2003 11:18 AM To: Carroll, Denise Subject: FW: RFP% 02-3393 I am forwarding you this communication that I received. What I have done in the past if the client absolutely insist of Professional Liability insurance is to let them know that for all structural reviews or stamped drawings for permitting we use the Professional Liability of either the engineering firm or architectural firm that we would use. We will be pulling some permits for the project. In the state of Florida we are listed as a Qualified Builder under a General Contractors license. Thanks. Please let me know the outcome of any conversations so that I can respond appropriately to the client. ..... Original Message ..... From: mediavilla s [mailto:ShereeMediavilla@colliergov.net] Sent: Tuesday, F~bruary 25, 2003 10:55 AM To: Leo English Cc: AlburyJames Subject: RFP# 02r3393 Dear Mr. English: The Risk Management Department has the responsibility of reviewing all RFPs and Contracts for the County. According to RFP #02-3393, your certificate of liability insurance lacks Professional Liaiblity in the amount of $1,000,000. Please fax a corrected certificate to my attention as soon as possible. Thank you. Sheree Mediavilla Risk Manager Received Purchasil FEB i I 2003-- AGREEMENT THIS AGREEMENT, made and entered into on this 10th day of February 2003, by and between Sparks Exhibits & Environments, Inc, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. The Contract shall be for a two (2) year period, commencing on the date of award by the Board of County Commissioners and terminating two {2} years from that date. The Contractor shall commence the work upon issuance of a Purchase Order. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall provide professional Museum Exhibit Fabrication Services in accordance with the terms and conditions of RFP #02-3393 "Selection of A Qualified Museum Exhibition Fabricator to Coordinate and Construct a New Conceptual Exhibit Plan" and the Contractor's proposal hereto attached and made an integral part of this agreement. Additional related services as required will be mutually agreed upon in writing by County Departments and Contractor. COMPENSATION. The contract amount for services shall be mutually agreed upon in writing by the Contractor and County Departments in the form of work task proposals to be attached to, and made part of, subsequently issued Purchase Orders. Pricing per work task shall be based on the prices submitted in the Contractor's RFP Proposal, but shall not be strictly limited to the items listed. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the Museum Director or his designee. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act'. 1 I~IOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Sparks Exhibits & Environments, Inc. 4207 34th Street Orlando, FL 32811 Fax: 407-426-7551 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239-732-0844 The Contractor and the County may change the above mailing address and/or fax number at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. FORCE MAJEURE. Should Contractor be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of Contractor, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the County, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then Contractor shall notify County in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension for that specific delay. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply 1604 with ail laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immorai or offensive purpose, or for any purpose in violation of any federai, state, county or municipai ordinance, rule, order or regulation, or of any governmentai rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shail deem any conduct on the part of the Contractor to be objectionable or improper, the County shail have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shail be sole judge of non-performance. _In the event that the County terminates this Agreement, Contractor's recovery against the County shail be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld. The Contractor shail not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Contractor agrees that there shail be no discrimination as to race, sex, color, creed or nationai origin. 11. INSURANCE. The Contractor shail provide insurance as follows: Commercial General Liability: Coverage shail have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shail include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractuai Liability. Business Auto Liability: Coverage shail have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shail include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering ail employees meeting Statutory Limits in compliance with the applicable state and federai laws. Do 1 04 The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Professio,,al Liability: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additio,,al I,,su~ed on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12.INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars {$100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the County Museum Director or his designee. 14.CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein 4 verbatim: Contractor's Proposal, Conditions and Addendum I (one). 1 04 Insurance Certificate(s), RFP// 02-3393 Terms and 16. SUBIECT TO APPROPRIATION. It is further tmderstood and agreed by and between the parties-herein that this agreementis subject to appropriation by the Board of County C.-ommissio~, ers. IN-WITNESS-$~eIEREOF; the Contractor-and-the County, have eael~- respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Leo V. English 'Vl'~/~fPriht witness name? ' ,~nd'witness - Pattie Hazel '~Tppe/prinLwitno~.name~¥- Approved-as. to formand Assistant. County. Attorney BOARD OF COUNTY COMMISSIONERS By:COLLIER~~COI"[NTY' FLORIDA o Chairman 0v Sparks-Exhibits& Environmentsr Inc. Contraftor Tim Oughton, General Manager T~ped'$ig.nature and-ritle CORPOIZ, ATE SEAL (corporations onlk) __ AU. OWNED ALrT'O5 SCHEDULED AUTOS NOI~.OWNED AUTOS BA 0812242 6/1 t02 611103 INJURY OOMBINF~ SINGLE 61UIT 1,000,000 ~201t,Y INJURY THAN AUTO ~ AC~IDENT =ERTIFIICATE HOt,DER I~ INCLUDED A~ AN ADDITIONAL IINSURED, BUT SOLELY WITH P.E~PECT TO THE OPERATIONS OF THE NAMED INSURED, COLLIER COUNTY BARD OF COUNTY COMMISSIONERS · .--- ~LE5, FLO~DA ..... ............ ::.:--_ ~.1 ~:~,,d~ · ..~ ~' y.'...,. ,.,. ~ ...... , .... . ...... mediavilla s From: Sent: To: Subject: mediavilla s Wednesd~'y, February 19, 2003 1:12 PM AlburyJames Sparks Exhibits Importance: High Dear Jim: Reviewed the insurance requirements for RFP~ 02-3393 - Sparks Exhibits & Environments, Inc. The Certificate of Liability Insurance lacks Professional Liability in the amount of $1,000,000. Do you have a contact at Sparks Exhibits in order for us to notify them of this non-compliance with the RFP? Sheree Mediavilla Risk Manager 239-774-8415 February 19, 2003 16E2 Contract 02-3422 Professional Architectural Services for New County Fleet Facility PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this c~'~--day of ~ 200~, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Disney & Associates, P.A. authorized to do business in the State of Florida, whose business address is 125 Airport Road North, Suite 200, Naples, FL 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the Professional Architectural Services of the CONSULTANT concerning Design of County Fleet Facility (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16E2 1.1. CONSULTANT shall provide to OWNER Professional Architectural Services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, 2 16E2 acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relatin9 to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and 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 CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 3 information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, 4 rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 16 E2 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: 5 (a) The scope of services to be provided and performed by the CONSULTANT hereunder; 16E2 (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any 6 designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 16E2 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may ? withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SiX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 1 6E2 ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, 9 16 2 or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. l0 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 11 ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 16E2 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 12 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16E2 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Disney & Associates, P.A. 125 Airport Road North, Suite 200 Fax: 239-261-9414 Attn: Mr. Dalas Disney, AIA, President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. ]3 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16E2 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 47 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or 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 Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 14 16E2 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Professional Architectural Services for New County Fleet Facility the day and year first written above. ATTEST: .......,~..,~ BOARD OF COUNTY COMMISSIONERS FOR ~ ~r,,~ ,~..*~)/;~. ~. COLLIER COUNTY, FLORIDA, A POLITICAL Dw,gh~:~~e~ ,~,~',~,, SUBDIVISION OF THE STATE OF FLORIDA Approved as td'fO'rm ano RoBe~ N. Zac~O Assistant County Attornoy Witness Witness Disney & Associates, P.A. Typed Name and Title (CORPORATE SEAL) 15 SCHEDULE A SCOPE OF SERVICES Scope of the Project Site: A land parcel of +10.0 acres at 2901 County Barn Road. The Project is generally located at the east side of County Barn Road approximately 0.5 miles to the south of Davis Boulevard (S.R. No. 84) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Site ingress and egress shall be from Crews Road approximately centered along the South Property line of the site. Turn Lanes to serve the facility shall be coordinated with Collier County DOT and the planned expansion of County Barn Road. The project will consist of several separate commercial buildings. The proposed land uses include a new fleet facility for Collier County and the Collier County Sheriff's Department. Proposed site improvements will generally include on-site parking and driveways, dry pre- treatment detention areas and associated underground infrastructure. Master Site Plan Study and related documents prepared by Disney and Associates, P.A., dated April 20, 2002 are the basis for Architectural, Structural, Plumbing, Mechanical (HVAC), Electrical, Fire Protection, Civil Engineering, Landscape and Irrigation design as the Program for basic services. 5. BCC County Fleet Facility of approximately 30,530 gross square feet consisting of the following: a. Office area consisting of 7,330 gross square feet. b. Service Garage of 10 bays consisting of 17,000 gross square feet. c. Service Garage Future Expansion of 4 Bays consisting of 6,200 gross square feet. Collier County Sheriff's Fleet Facility of approximately 30,880 gross square feet consisting of the following: a. Office area consisting of 6,800 gross square feet. b. Office area Future Expansion consisting of 2,000 gross square feet. c. Service Garage of 20 automobile bays consisting of 13,440 gross square feet. d. Service Garage Future Expansion of 8 automobile bays consisting of 5,160 gross square feet. 7. Wash Rack stand alone building consisting of approximately 2,400 gross square feet. 8. Vehicle Detail stand alone building consisting of approximately 1,650 gross square feet. 9. E~ergency Power Generator for selected facility operations. 10. In consideration of requests to share facility space, the following areas will be utilized by both the BCC Fleet section and the Sheriff's Office Fleet section: a. Fuel Island b. Wash Rack Facility 11 12. 13. 14. c. Conference Rooms d. Training Classrooms e. Parking Areas 16E2 · Relocation of the existing Radio Tower antenna to a different location on the site. Environmental Site Assessments ! Geotechnical Services related to the cleanliness of the site. The pre-engineered metal building and components including wall and roof sheeting shall be designed to withstand 151.8 mph wind loads, and shall comply with Collier County Standards for Vertical Construction. Cost Breakdown of a 20-year facility versus a 30-year facility and code analysis regarding metal versus CBS structure shall be provided by the CONSULTANT. Project Assumptions 1. The OWNER will make available all pertinent information and documents associated with the project for the performance of Architects services. The Master Site Plan Study and related documents prepared by Disney and Associates, P.A., dated April 20, 2002, shall establish the program of space requirements for the project. Services for Zoning revisions, SDP preparation and submission, ERP Permitting, Geotechnical Services, Surveying, Phase I Environmental Site Assessment, Asbestos Survey and Assessment shall be provided. The proposed land use for the project will be consistent with the Growth Management Plan. Based on the language contained in Section 2.2.18.1., of the LDC, it is assumed that the subject property must be rezoned to the P, Public Use District, and that the proposed improvements will comply with all of the development standards of the E, Estates District that the public use is currently located within. 6. The Crews Road center South Property access option shall be the vehicular access point for the Project. 7. The Project shall be required to comply with the LDC Architectural Design Standards, Division 2.8 in effect the date of the agreement. Collier County will find that the proposed fleet maintenance facility is an essential service related to subsection 2.6.35.6.3. of the LDC, as would relate to the replacement / relocation of the existing communication tower. Communications Tower design and documentation, bidding and related activities for construction are services provided by the OWNER's separate vendor. The CONSULTANT shall coordinate utilities to the new tower and assist in establishing the site location, and permits related to the relocation of the existing tower. l? 10. 11 12. 13. 16E2'" The OWNER will utilize the services of the County Attorney as a land use attorney to participate in the zoning amendment process. · Crews Road is located on an existing easement and due diligence, preparation of exhibits and resolution of issues' associated with a nonexistent Crews Road easement as related to the proposed permitting, design and construction of Crews Road will be performed by the OWNER or shall be additional services to the CONSULTANT. A copy of all pertinent information will be provided to the CONSULTANT for the purpose of preparing construction documents. The CONSULTANT will retain the services of an ecology consultant to participate in the zoning amendment process and to prepare and support an Environmental Impact Statement to be included with the rezoning application. Opposition of any kind from the general public and/or regulating agencies to the proposed zoning changes during the application and public hearing process for the project will not occur. This opposition can include, but is not limited to civil challenges or administrative hearings that may be required. 14. The project will be designed and permitted in one (1) phase, constructed in two (2) separate phases and accepted in one (1) phase. 15. Existing easements of record within the property boundary will not need to be vacated and/or modified. These easements if applicable shall not create any issues during the design, permitting or construction phases of this project. 16. Off-Site infrastructure improvements or modifications to adjacent existing development for the purpose of potable water, fire protection, sanitary sewer, storm drainage, and water management will not be required unless otherwise noted in this Exhibit. It is further assumed these infrastructure elements will be located immediately adjacent to the project boundary, located within recorded easements for the intended purpose and are of adequate size to serve this project. Design and/or hydraulic modeling for infrastructure improvements beyond the project boundary will not be required. 17. It is assumed that the United States Army Corps of Engineers (USACOE) and the South Florida Water Management District (SFWMD) will not claim any jurisdictional wetlands within the boundary of the subject project. As a result USACOE and SFWMD environmental permit applications for wetland impacts will not be required. The CONSULTANT's environmental sub-consultant will confirm this assumption. 18. Collier County will exercise their delegated authority from the SFWMD to review the Environmental Resource Permit Application (ERP) for this project. Conversations to date with Collier County Development Services staff indicate this project will not require full compliance with SFWMD rules and regulations. Specifically water quality and storm water attenuation design parameters will be reduced to work with the current master plan areas available for this purpose. Typically, storm water management facilities will occupy 15% to 20% of the total site area. 16~ ~1~ 19. Preparation of a horizontal control plan will not be necessary. Geometric information will be provided in electronic format to other entities as may be requested in writing and authorized by the OWNER. 20. The OWNER will make available the proposed Roadway Improvement plans for County Barn Road in AutoCad Release 14 or later version to be used in the design of the subject property. 21. This project will not require a subdivision plat as per the Collier County LDC and Florida Statue 177.01. 22. Shared Training Classrooms and Conference rooms are areas within the established square footage and to be placed within the building foot prints for the Phase One facility. Basic - Scope of Services 1) Preliminary Matters and Consultation Consultation Services These services will include providing professional Architectural and Engineering advice as requested by OWNER or as necessary for the project development. Services included are: 1. Acquire, assemble, and coordinate all Architectural and consultant costs and scope of work for the project. 2. Research project initial anticipated scope of work and issue to consultants for coordinated effort and elimination of unnecessary services. 3. Verify inclusion of necessary services as outlined in the Professional Services Agreement. 4. Prepare and submit proposals and Exhibits to Collier County. 5. Review and coordinate Insurance requirements for project. 6. Review and coordinate final Professional Services Agreement as prepared by Collier County. 7. Preparation of all Architectural consultant agreements. 8. Set-up all project files, billing procedures, CAD system Management and digital back-up systems. 9. Organize and manage a Project Kick-off meeting with the Owner and Architects Consultants. 16E2 ' 2) Site Data A. ALTA Survey Prepare an ALTA survey to be used for legal purposes. The scope of this work will include the following services: 1. Preparation of an ALTA/ACSM Land Title Survey in accordance with the ALTA/ACSM Standards as adopted by ALTA, ACSM, and NSPS in 1999; 2. Survey will include all matters of title and/or certifications included in the Title Commitment. Complete Title Commitment including legal description of parcels and copies of all instruments of title, as outlined in Schedules B and B2, to be provided by OWNER; 3. Survey fee is based on typical Title Commitment containing the standard exceptions and up to five (5) additional exceptions as outlined in Schedule B2. Adjustments to survey fee may be required after review of Title Commitment. Survey to contain the following items from Table "A" of the 1999 standards: items 1, 2, 3, 4, 6, 7A, 7C, 8, 9, 10, 11a, 13, 14 and 16 as provided to the OWNER. Design Phase Survey Prepare a specific purpose survey to be used for design purposes. The scope of this work will include the following: 1. Collect spot elevations of existing improvements within parcel and at points of connections. 2. Collect spot elevations along the north, east and south property lines and up to 50' beyond. 3. Location and collect spot elevations of existing improvements within the right-of- way of County Barn Road for the purpose of off-site turn lanes. Location and collect spot elevations of existing improvements within the proposed right-of-way of Crews Road for the purpose of the proposed project entrance driveway C. Phase I Environmental Survey The purpose of this assessment is to identify recognized environmental conditions, defined as the presence or likely presence of any hazardous substances or petroleum products on the subject property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum product into structures on the property or into the ground, groundwater, or surface water of the subject property. In the event any hazardous materials are discovered a Phase II Environmental Survey may be recommended as Additional Services. 20 1 FOLIO No. 00403280003 with a property address of 2901 County Barn Road in Naples, Florida. The property is currently developed as the fleet management facility for Collier County. We will need documentation of the site. The OWNER's assistance will be needed to provide access to all areas within the subject property. The OWNER agrees to provide the CONSULTANT. with any and all knowledge of materials on the property, correspondence from environmental regulatory agencies and previous studies and reports regarding the environmental condition of the property, including the results of all chemical tests that may have been conducted on soil or groundwater samples obtained from the site. Once the documentation is provided, we will conduct assessment activities in general accordance with ASTM E 1527-00 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Our report will consist of a presentation of the data gathered during the course of our assessment, which will be presented in the appendices for your review. The narrative portion of our report will summarize the results of the data gathered on a task-by-task basis. The data summaries will then be used to develop an opinion on the existence of hazardous substances or petroleum products on this property and whether they present a recognized environmental condition. In the event that the data gathered in this assessment reveals that a potential for contamination exists from on-site or off-site sources, the CONSULTANT will communicate this to the OWNER in a report. Typically, such a discovery indicates that there is a need for additional services to confirm the presence of such contamination. Following your approval, we will develop a scope of services and cost proposal before undertaking such additional services. Our assessment will not address the existence and environmental condition of any wetlands within the property, with the exception of the presence of hazardous substances or petroleum products in those areas. We will not address the existence of any rare or endangered species on the property. Further, this assessment will not address industrial hygiene concerns, such as the presence of bacteria or viruses, resulting in a "sick building" syndrome. No air sampling will be performed. Our services will not include an analysis or determination as to whether the property owner or current tenant is in compliance with federal, state, or local laws, statutes, ordinances, or regulations. Our services do not include an evaluation of the level of radon gas within any structures, nor an evaluation of the potential of the site soils to produce radon gas. Further, our services exclude testing for the presence of asbestos, lead or other hazardous building materials, and polychlorinated biphenyls (PCBs) in transformers occupying the site. The CONSULTANT will provide the OWNER with two (2) reports and distribute as you instruct. D. Asbestos Survey The purpose of this phase of services is to survey the existing building(s) on the project site for the presence of asbestos-containing materials (ACM). A project specific report and remediation procedures as may be necessary shall be provided by the CONSULTANT. 2! Due to the highly destructive nature of sampling, the roofing materials for the facilities not be sampled, unless specifically requested. The buildings' roofs will be assumed to be asbestos containing until such time that destructive sampling can be performed. Since the findings of asbestos may have far-reaching implications, the CONSULTANT will conduct a thorough assessment of accessible materials and provide realistic and workable recommendations within the framework of OSHA, EPA and State Regulations. By determining the extent and condition of the asbestos and evaluating possible responses (based on our findings, applicable regulatory requirements and client needs), the CONSULTANT can explore appropriate courses of action. The CONSULTANT will identify and evaluate any available information the OWNER provides prior to the field inspection. The initial work will include a review of any available data such as building records, plans and construction specifications, as well as any previous survey and renovation information that may reference the presence of asbestos-containing materials (ACM's). After reviewing available information, a trained and EPA accredited building inspector will conduct a survey, which generally involves a visual inspection to identify areas of potentially asbestos-containing building materials and assess their physical condition and obtain bulk samples of suspect materials and laboratory analysis. Bulk samples of suspect material will be analyzed for asbestos content by a laboratory, which is approved by the National Voluntary Laboratory Accreditation Program (NVLAP) following strict chain-of-custody protocol where they will be analyzed according to EPA Methods including Polarized Light Microscopy with Dispersion Staining. Sufficient samples will be obtained to ensure the State of Florida Minimum sampling requirements. Sampling procedures, which involve detailed record keeping and photo documentation for proper sample material identification and location, are designed to minimize fiber release. The CONSULTANT will provide a project-specific report summarizing findings regarding the type, percentage, location and quantities of asbestos containing materials present. The report will recommend temporary fiber control measures and ultimate remediation procedures. The CONSULTANT will provide the OWNER with two (2) reports and distribute as instructed. E. Geotechnical Soil Borings and Recommendation This phase of service shall consist of conducting standard soil penetration borings, analyze the samples, and boring data and prepare an engineering report with foundation design recommendations. The scope of our services will consist of conducting 15 Standard Penetration Test (SPT) borings to depths of 15 and 25 feet for the proposed structures and radio tower. In addition, we will perform 5 to 10 SPT borings advanced to depths of 6 to 10 feet in parking and proposed retention areas. The CONSULTANT will perform the necessary laboratory testing to define the soil characteristics. Engineering and technical support services will also be required to analyze the data and to prepare an engineering report. This report will present the results of our findings and provide you with recommendations for site preparation and foundation design. The CONSULTANT will provide the OWNER with two (2) reports and distribute as instructed. 2 3) Zoning 22 Rezoning Application Prepare and submit a rezoning petition application, and documentation, including the Traffic Impact Statement, in Division 2.7. of the Collier County Land Development Code. 16E2 required support accordance with 2. Provide planning and civil engineering methodology for the application and sufficiency responses that may be required by Collier County. 3. CONSULTANT will provide the required utility provision forms to support the zoning application. 4. CONSULTANT will represent the OWNER at all required meetings with County review staff prior to submission of the rezoning application. Conditional Use Application 1. Prepare and submit a Conditional Use Zoning Petition, including the required Conditional Use Site Plan, for a "Major maintenance and service facility" in accordance with Section 2.2.18, and Division 2.7 of the Collier County Land Development Code. 2. Provide planning and civil engineering methodology for the application and sufficiency responses that may be required by Collier County. 3. CONSULTANT will represent the OWNER at all required meetings with County review staff prior to submission of the Conditional Use application. Public Participation Plan 1. Coordination, attendance and facilitation of a public participation plan intended to make neighboring property owners and other interested parties aware of the project, and to foster discussion and an opportunity to address issues and concerns that may arise. (Note: this is now a Collier County requirement for land use petitions requiring a public hearing as set forth in Section 2.7.2.3.5. of the Land Development Code.) 2. This task includes one (1) public information meeting, and any additional meetings, should they be necessary, will be negotiated to a mutually agreed upon cost as an Additional Service. 3. The CONSULTANT, will prepare the text/copy of the required newspaper advertisement for the public information meeting, as well as the copy/text for the required public notice advertising signs, and shall make all arrangements with a sign contractor. The cost of the required sign(s) shall be billed as an Additional Service at actual cost without mark-up. 4. If needed the CONSULTANT, will make arrangements for the payment for a meeting facility to conduct the required public information meeting, and that facility rental cost shall be billed as an Additional Service at actual cost without mark-up. 4) Preliminary Design General Architectural and Engineering 1. Architectural Preliminary design includes the design concept for the basic site and building design of the facility. We shall provide a site plan, floor plan 23 16E2 layout, basic building section and exterior elevations design for your review and approval. Utilizing the Final Program Plan and documentation this phase of service develops the plan layout and appearance of the buildings and includes aspects of the project related to the Site and Buildings design and shall include the Off-Site infrastructure, Site Infrastructure, Buildings Design, Landscape and Irrigation designs, coordination with the radio Tower relocation and the update of the preliminary Opinions of cost. Fleet Department reviews are included for the staff review and comments. Water Management Design and ERP Application CONSULTANT will provide the following design and permit application services: 1.Design a water management system and prepare corresponding engineering calculations, hydraulic models and reports using underground storage chambers to satisfy water quality criteria. 2. Prepare water management permit plans and supporting exhibits. 3. Prepare the civil engineering components of the application to Collier County for an Environmental Resource Permit (ERP) and one (1) sufficiency response to agency comments. Note: It is assumed the water management permit plans will be used as the basis for final construction plans required fro the SDP process. Civil Engineering Design CONSULTANT will design required on-site infrastructure and prepare associated reports for the project. Final engineering design will include the following: potable water main and services, fire protection water mains, gravity sanitary sewer mains and services, one (1) sanitary sewer pump station, storm drainage lines, site grading, earthwork, and asphalt paving. Off-Site Improvement Design and Construction Plans CONSULTANT will design off-site turn lanes for the project based upon the approved Collier County Access Management Plan, Design Plans for County Barn Road and the proposed zoning. Final engineering design will include one (1) Northbound right turn lanes and one (1) Southbound left turn lane into the project off of County Barn Road as well as the extension of a two lane roadway section for Crews Road to the mid-point of the property. 5) Construction Documents Construction Plans and Technical Specifications Construction plans are the development of Bidding Documents for the project based upon the approved Preliminary Design and are coordinated with utility connections. The scope of this work is not yet fully developed and may vary slightly based upon the final design. Our services will include the Architectural documentation in a bid set format for permit including, floor plan, reflected ceiling plan, interior finish indications, door and window schedules, exterior elevations, building and wall sections, interior fire wall designations and UL designs, interior wall types and details, with interior elevations. Civil, Structural, Mechanical and Electrical engineering shall be based upon 24 1 the final building design and coordinated with the architectural concel~ requirements. Fire protection is included with specifications for bidding. The basis of our documentation will be for a bid project with qualified general contractors. 6) Easement Descriptions Prepare easement sketches and descriptions for proposed infrastructure improvements. It is assumed there will be three (3) separate documents that will be required for the subject project. Permi~ Plans will be submitted complete and timely for review by the designated agencies. The CONSULTANT will respond to any plan review comments with necessary clarification statements and / or drawing and specification items. Site Development will require permit applications to be filed and approved by several different agencies for this project. Most of these permit approvals are routine in nature, however they are required prior to any site construction. For this project it is anticipated that it will require the following permits and approvals. Permit Application Preparation and Support Consultant will prepare and support one (1) set of permit applications to the following agencies: 1. Collier County for Site Development Plan (SDP) approval, 2. Collier County for Right of Way permit. 3, Florida Department of Environmental Protection (FDEP) for Notice of Intent to Use General Permit for Sewer Collection/Transmission System. 4. Florida Department of Environmental Protection (FDEP) for Notice of Intent to Use General Permit for Water Main Extension, 5. EPA for NPDES Notice of Intent to Use General Permit. 6. Collier County for Development Excavation Permit. Note: It has been assumed the SDP will require three (3) separate submittals to reach permit approval. For all other permit applications noted two (2) separate submittals have been assumed for each. Building Permit Application Preparation and Support Architect will provide the following permit application and support services: 1. Submit plans and applicable supporting data via a permitting service. 2. Respond to review comments resulting from the Building Permit Review, 3. Prepare revisions to design and plans as required by the County review comments. 4, Resubmit and coordinate the issuance of the review comment responses to the County. 5. Incorporate County review comments into the final plans by revision and/or issuance of addendums to prospective bidders. 25 7) 16E2q Bidding Bidding Phase Services OWNER shall issue all bidding documents and communication(s) with the contractors /bidders. The OWNER shall prepare and coordinate all General Conditions of the Contract for Construction and shall prepare and coordinate all bidding documents. The CONSULTANT shall provide only limited assistance in the bidding and shall; 1. Provide interpretation and clarification of the CONSULTANT's Contract Documents during bidding; 2. Attendance by the Architect at one (1) pre-bid conference. 3. Review of the bids received from one (1) bid opening. 8) Construction Architectural and PME Construction Services During construction the CONSULTANT shall review the work for compliance with the contractors agreement with the owner. The basic services to be performed for a period of twelve (12) months includes the following: 1. Weekly site visits by the Architect with support by the Landscape Architect, Civil, Structural, Mechanical, and Electrical Engineering consultants, as the Architect deems necessary to the stage of construction. 2. Review of material and workmanship for compliance with the contract documents. 3. Review of the contractor payment applications on a monthly basis. 4. Responding to contractors requests for information and issue clarification as deemed necessary. 5. Review shop drawings and submittals from the contractor as required by the 6. project specifications. 7. Issue an Architect's field report for each Architect's site visit. 8. Compile digital photos of the General Contractor's general site and work efforts. 9. Developing one punch list at project completion. 10. Reviewing material and equipment Operating and Maintenance Manuals required by the specifications. 11.Assist the owner in the review of scope and cost changes related to change orders. 12.Arrange for the preparation of one set of mylar record drawings of the work constructed, using information developed by the contractor. 13. Provide one electronic copy of the record drawing in AutoCAD release 14 or later format on CD-ROM 14. Construction duration of twelve (12) months is anticipated. In the event longer construction duration occurs the CONSULTANTS additional time shall be compensated as an additional service. Note: Additional punch list observations or final review verifications, inspections resulting from incomplete, unsatisfactory, or late submissions by the contractor, owner or other parties will be billed to the CONTRACTOR on a T/M/E basis or the OWNER as an Additional Service. 26 Civil Engineering Services During Construction 16 2 Provide engineer and field representation services during the construction of the site improvements. Estimate is based on the OWNER providing their contract manager and field representative to coordinate with the Contractor. The basic services to be performed include the following: 1. Attendance at one (1) Collier County Development Services pre-construction meeting. 2. Provide assistance during construction to answer contractor questions on the construction plans. 3. Site visits during construction testing by the contractor and as required by Collier County. 4. Prepare record drawings for civil engineering infrastructure designed by CONSULTANT as required for Collier County or State of Florida certification by engineer. 5. Prepare Certificates of Completion to Collier County and the FDEP. Note: Additional site visits or services for failing required testing and inspections, requests for substitution of specified materials and unforeseen circumstances will be billed to the CONTRACTOR on a T/M/E basis. Land Development Code (LDC) Record Drawings CONSULTANT will provide the following surveying services as Collier County Land Development Code: 1. 2. required per the Locate all above ground apparatus for the proposed pressure mains. Locate pressure mains on 100' +/- intervals provided that the utility contractor leaves a vertical sleeve for this purpose. Provide vertical data for roadway PVI highs and lows. Provide vertical data for sanitary and storm inverts. D. Preliminary Utility Acceptance Prepare, submit and support engineer related preliminary utility acceptance checklist items as applicable and required by Collier County. OWNER's attorney shall prepare and provide all required legal documents. OWNER's contractor shall provide the required television inspections for utility acceptance as necessary. Note: Additional submittals and coordination resulting from incomplete, unsatisfactory, or late submissions by OWNER, contractor, or attorney will be billed to the OWNER as an Additional Services or the CONTRACTOR on a T/M/E basis 9) Reimbursable Expenses CONSULTANT Reimbursable Expenses During the project reimbursable costs in accordance with Schedule B, item B.2.2 shall be submitted on a monthly basis for any items in addition to those listed herein. The included items shall be accounted by the CONSULTANT and only items in addition to the listing below or total costs exceeding that stated in Schedule B - Attachment A shall be submitted as ADDITIONAL expenses. Please note that all expense items related to the CONSULTANTS in-house consumption of printing, plotting, copies, etc. shall be at the expense of the CONSULTANT. 27 ITEMS INCLUDED 10E2 Plotting, Printing, Copies (lettedlegal/ledger), Long Distance Telephone, Courier, Air Express Courier. Estimated Three (3) sets of prints of the Conceptual Design Estimated Three (3) sets of prints of the Preliminary Construction Documents Estimated Five (5) complete sets of plans & specifications for Building permit submission (approved construction documents) Estimated Three (3) complete sets of plans & specifications for Owner (approved construction documents) Estimated Twenty (20) copies of the of the Zoning submittal and support documents Estimated Twenty (20) copies of the Permit drawings and support documents Estimated One (1) set of reproducible vellums (approved construction documents) Estimated One (1) set of master document Technical Specifications (approved construction documents) ITEMS EXCLUDED Reproduction of any type for Bidders Scope of Work Exclusions Please note that the above scope of work and the quoted fee listed on Schedule B - Attachment A does not include the following: Application fees, permits fees, or impact fees Structural Threshold Inspection Ecology Permitting and Support Conservation Easement Descriptions and Sketches Existing Easement Vacations Water Use Permit Application and Support Dewatering Permit Application and Support Construction Stakeout Project Programming Furniture and equipment selections CMU bearing wall/joist designs CMU exterior walls in conjunction with Pre-Engineered metal Building Design Underground vehicular maintenance pits Renderings Continuous on-site observation Other tasks not specifically included in the outlined scope of work 28 16E2 BASIS OF COMPENSATION B.I.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B. 1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones, based on the Percentage of work completed as approved by the OWNER. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and 29 (d) 16 2 expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. 30 16E2 Schedule "B" - Attachment "A" Schedule of Fees for Basic Services BASIC SERVICES TASK TITLE/DESCRIPTION 1 Preliminary Matters 2 Site Data A ALTA Survey B Design Phase Survey C Phase I Environmental Survey D Asbestos Survey E Geotechnical Survey 3 Zoning AIBIC Rezone/Conditional Use/Public Participation 4 Preliminary Design 5 Construction Documents 6 Permits 7 Bidding 8 Construction 9 Reimbursable Expenses Total Basic Services Percentage of project @ $6,600,000 Construction Cost Cost 8,600.00 Fixed 13,750.00 Fixed 12,400.00 Fixed 2,750.00 Fixed 4,000.00 Fixed 5,750.00 Fixed 41,120.00 Fixed 140,000.00 Fixed 162,350.00 Fixed 18,450.00 Fixed 500.00 Fixed 74,080.00 Fixed 16,250.00 Not To Exceed $500,000.00 7.58% January 24, 2003; Disney & Associates, P.A. 3] SCHEDULE B -ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Disney & Associates, PA Registration AA 0002502 125 Airport Road N., Suite 200 Naples, Florida 34104-3500 Phone 941-261-3399 Architecture and Planning "RATE SCHEDULE - Collier Fleet Facility" Rates are reviewed semi-annually and adjustments made where appropriate. The rates on this schedule are applicable for six (6) months from the date of the agreement execution by the Architect. Principal Architect Designer Draftsperson Specification Writer Clerical UBCI - Field Construction Administrator Expert Witness - Testimony $110/hr $80/hr $7§/hr $65/hr $75/hr $35/hr $80/hr $75/hr 2.5 X Hourly Rate (4 hour minimum) 32 o I-- P- 16E2 SCHEDULE D INSURANCE COVERAGE 16 2 (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self-insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 34 6E2 (7) ContractodConsultant/Professional 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 the Owner. (8) Should at any time the ContractodConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner 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 the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. 35 16£;' WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes X No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X__ Not Applicable 36 COMMERCIAL GENERAL LIABILITY Required bythis Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $3OO,OO0 $3OO,OOO $3OO,OO0 $ 5O,OOO General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $5OO,OOO $5OO,OOO $5OO,OOO $ 5O,OOO X __General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 SI,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General 37 Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." 16L~'2 (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. Applicable __X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable X__ Not Applicable 38 PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a 39 16E? maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. 40 (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. 41 16E2 (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? __X__ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: X ~ $ 500,000 each claim and in the aggregate __ _ $1,000,000 each claim and in the aggregate ~ $2,000,000 each claim and in the aggregate ~ $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULED. 42 C1,,nt~:2289 DISNASS3 1 6 L~r-" 2 AF.,J3RD CERTIFICATE OF LIABILITY INSURANCE I DATE MM,DO , PRODUCER 01 ~24~03 Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813 289-5200 INSURED Disney & Associates, P.A. 125 Airport Rd. Suite 200 Naples, FL 34104 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: United States Fidelity & Guaranty INSURER B: American Manufacturers Mutual INSURER C: Security Ins of Hartford INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY I=I-PECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDD,~I~I LIMITS A ;xGENERALI LIABILITY BK01183921 08/02102 08102103 EACH OCCURRENCE $1,000,000 IcOMMERCIALGENERALLIABILITY FIRE DAMAGE (Any one fire) $1,000,000 I CLAIMS MADE ~ OCCUR I MED EXP (Any one person) $1 0,000 I PERSONAL & ADV INJURY $1,000,000 I I ~ENERAL AGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER:i POLICY ~ PRO-~ ~~-COMP/OPAGG_ $2,000,000 ~ JECT ~ LOC A AU__TOMOalLE LIAmLrrY BK01183921 108102/02 08102103 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY ~ . SCHEDULED AUTOS ~ (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ i PROPERTY DAMAGE i $ (Per accident) GARAGE LIABILITY I i AUTO ONLY. EA ACCIDENT $ i ANY AUTO ~ I , OTHER THAN EA ACC $ I I AUTO ONLY: AGG EXCE'~;:i LIABILITYr~ I I EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE I RETENTION $ I 09/09103 $ WC STATU- OTH- B EMPLOYERs'WORKERS COMPENSATIONLiABiLiTY AND 7CQ61309203 09109/02 X TORY LIMITS r ER E.L. EACH ACCIDENT $100,000 E.L. DISEASE- EA EMPLOYEE $100,000 ij E.L. DISEASE - POLICY LIMIT i $500,000 C OTHER AEE0119146 .04118102 ~ 04/18/03 $1,000,000 Each Claim =rofessional . $1,000,000 Ann. Agg. .iability ' I DESCRiPTi~JN OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I Professional Liability is written on a claims made basis. RE: RFP# 02-3422 Certificate Holder is added as an addtional insured with respect to the General Liability and Auto Liability. AB D mONAL INSURED; INSURER LETTER: Collier County Board of County Commissioners 3301 Tamiami Trail Naples, FL 34112 CANCELLATION SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E E)(PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30~ DAYS WRrI'rEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAJLURE TODOSOSHALL IM POSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON TH E INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MDL e ACORD CORPORATION 1988 ACORD 25.S (7197)1 of 2 #S69909/M65427 16E2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIM ER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7197)2 of 2 #S69909/M65427 1 E2 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Disney & Associates, P.A. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Professional Architectural Services for New County Fleet Facility are accurate, complete and current as of the time of contracting. Disney & Associates, P.A. BY: ~, TITLE: 43 16E4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 12, 2003 16F2 MEMORANDUM Date: To: From: Re: February 27, 2003 Michael Dowling, Property Management Specialist Property Acquisition & Construction Management Teri Michaels, Deputy Clerk Minutes & Records Department Second Amendment to Lease Agreement between Collier County and Gulf Shore Associates, Limited Partnership, For Pelican Bay Services Division Offices Enclosed please find one (1) original document as referenced above (Agenda Item #16F2), as approved by the Board of County Commissioners on Tuesday, February 25, 2O02. A duplicate original agreement is being retained for the record. If you should have any questions, please call me at 774-8406. Thank you. Enclosure 16F2 SECOND AMENDMENT TO LEASE AGREEMENT Lease//744 THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this~ day of'-'~~ ,2003, at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Flko~ida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE", and Gulf Shore Associates, Limited Partnership, whose mailing address is 1300 Post Road East, Westport, Connecticut 06880, hereinafter referred to as "LESSOR". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated March 31, 1992 and amended in the Amendment to Lease Agreement dated February 6, 1996; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement and Amendment to Lease Agreement are hereby amended as follows: 1. The following provision shall be added to Article 2 of the Amendment to Lease Agreement: This Lease is hereby extended until February 28, 2004. LESSEE shall have the option to extend the Lease for an additional one (1) year following the February 28, 2004 extension by providing LESSOR with thirty (30) days prior written notice of LESSEE'S intention to renew at the address set forth in the Lease Agreement. Except as expressly provided herein, this Lease Agreement between Collier County and Gulf Shore Associates, Limited Partnership for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second Amendment to Lease Agreement the day and year first above written. AS AS TO T~ LESSOR: ess i~J~gnat~re) (Print Name) V~i~ature) (Print Name) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA TOM HENNINGt CH/klRMAI~ GULF SHORE ASSOCIATES, LIMITED PARTNERSHIP by its General Partner, Pequot Capital South, Inc., a Florida corporation ~ BY: ~ Albert J.-K-e4ban, President Print Name Approved as to form and legal sufficiency: Thomas C. b~ln~er Assistant County Attorney 16F3 COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND RESOLUTION ADOPTED FEBRUARY 25, 2003 16F TABLE OF CONTENTS SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. SECTION 1.06. SECTION 2.01. SECTION 2.02. SECTION 2.O3. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. PAGE ARTICLE I GENERAL DEFINITIONS ......................................... 1 AUTHORITY FOR RESOLUTION ........................ 14 RESOLUTION TO CONSTITUTE CONTRACT ............. 14 FINDINGS ............................................ 15 INITIAL PROJECT ..................................... 15 PRIOR BONDS ........................................ 15 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS AUTHORIZATION OF BONDS .......................... 16 AUTHORIZATION AND DESCRIPTION OF SERIES 2003 BONDS. EXECUTION OF BONDS ............................... 17 AUTHENTICATION ................................... 18 TEMPORARY BONDS ................................. 18 BONDS MUTILATED, DESTROYED, STOLEN OR LOST .... 18 INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER .......................................... 19 FORM OF BONDS ..................................... 20 ARTICLE III REDEMPTION OF BONDS PRIVILEGE OF REDEMPTION .......................... 29 SELECTION OF BONDS TO BE REDEEMED .............. 29 NOTICE OF REDEMPTION ............................. 29 REDEMPTION OF PORTIONS OF BONDS ................ 31 PAYMENT OF REDEEMED BONDS ..................... 31 16F3 ', SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 4.01. 4.02. 4.03. 4.04. 4.05. 4.06. 4.07. 4.08. 5.01. 5.02. 5.03. 5.04. 5.05. 5.06. 5.07. 5.08. 5.09. 5.10. 6.01. 6.02. 6.03. 6.04. 6.05. 6.06. 6.07. ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF BONDS NOT TO BE INDEBTEDNESS OF ISSUER ......... 32 SECURITY FOR BONDS ............................... 32 CONSTRUCTION FUND ............................... 32 FUNDS AND ACCOUNTS .............................. 34 DISPOSITION OF GAS TAX REVENUES ................. 35 REBATE FUND ....................................... 41 INVESTMENTS ....................................... 42 SEPARATE ACCOUNTS ............................... 43 ARTICLE V SUBORDINATED INDEB TEDNES S, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SUBORDINATED INDEBTEDNESS ...................... 44 ISSUANCE OF ADDITIONAL BONDS .................... 44 BOND ANTICIPATION NOTES .......................... 46 ACCESSION OF SUBORDINATED INDEBTEDNESS TO PARITY STATUS WITH BONDS ........................ 46 BOOKS AND RECORDS ................................ 46 ANNUAL AUDIT ...................... 47 NO IMPAIRMENT .................................. 47 COLLECTION OF GAS TAX REVENUES ................. 47 COVENANTS WITH CREDIT BANKS AND INSURERS ..... 47 FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. 47 ARTICLE VI DEFAULTS AND REMEDIES EVENTS OF DEFAULT ................................. 49 REMEDIES ........................................... 49 DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS ...................................... 50 REMEDIES CUMULATIVE ............................. 50 WAIVER OF DEFAULT ................................ 50 APPLICATION OF MONEYS AFTER DEFAULT ........... 51 CONTROL BY INSURER ............................... 52 ii 16F3 SECTION 7.01. SECTION 7.02. SECTION 7.03. SECTION 8.01. SECTION 8.02. SECTION 8.03. SECTION 8.04. SECTION 8.05. SECTION 8.06. SECTION 8.07. ARTICLE VII SUPPLEMENTAL RESOLUTIONS SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT ........................................... 53 SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT ........................... 54 AMENDMENT WITH CONSENT OF INSURER ONLY ...... 56 ARTICLE VIII MISCELLANEOUS DEFEASANCE ........................................ 57 CAPITAL APPRECIATION BONDS ...................... 59 SALE OF BONDS ...................................... 59 SEVERABILITY OF INVALID PROVISIONS .............. 59 VALIDATION AUTHORIZED ........................... 59 REPEAL OF INCONSISTENT RESOLUTIONS ............. 59 EFFECTIVE DATE .................................... 60 EXHIBIT A DESCRIPTION OF INITIAL PROJECT ................... A-1 iii 16F3 RESOLUTION NO. 2003-89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF $120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO PROVIDE FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDEBTEDNESS; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE HEREIN DESCRIBED GAS TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. ARTICLE I GENERAL SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Date next preceding the date of computation or the date of computation if an Interest Date, such interest to accrue at a rate not exceeding the legal rate, compounded semiannually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Appreciation Bonds, if such date of computation shall not be an Interest Date, a portion of the difference between the Accreted Value as of the immediately 16F3 preceding Interest Date and the Accreted Value as of the immediately succeeding Interest Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts on the basis of a 3 60-day year. "Act" shall mean Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, the Home Rule Ordinance, the Gas Tax Ordinances, the Interlocal Agreements, and other applicable provisions of law. "Additional Bonds" shall mean the obligations issued at any time under the provisions of Section 5.02 hereof on a parity with the Series 2003 Bonds. "Additional Project" shall mean the acquisition and construction of such properties, facilities and improvements as shall be permitted by the Act. This term is to be broadly construed as including any lawful undertaking, including, without limitation, joint ventures and acquisition of partial interests or contractual rights. The description of such Additional Project shall be set forth in the Supplemental Resolution authorizing the issuance of Bonds which shall finance the acquisition, construction and funding of such Additional Project. "Amortization Installment" shall mean an amount designated as such by Supplemental Resolution of the Issuer and established with respect to the Term Bonds. "Annual Debt Service" shall mean the aggregate amount of Debt Service on the Bonds for each applicable Fiscal Year. "Authorized Investments" shall mean any of the following, if and to the extent that the same are at the time legal for investment of funds of the Issuer: (1) Cash (insured at all times by the Federal Deposit Insurance Corporation). (2) Direct obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury). (3) Senior debt obligations of other government sponsored agencies approved by the Insurer. (4) Obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including; Export-Import Bank 2 16F3 Rural Economic Community Development Administration -U.S. Maritime Administration Small Business Administration U.S. Department of Housing & Urban Development (PHAs) -Federal Housing Administration Federal Financing Bank (5) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America; Senior debt obligations is sued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC), Obligations of the Resolution Funding Corporation (REFCORP) Senior debt obligations of the Federal Home Loan Bank System Senior debt obligations of other Government Sponsored Agencies approved by the Insurer (6) U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-1" by Moody's and "A-1" or "A-l+" by S&P and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank). (7) Commercial paper which is rated at the time of purchase in the single highest classification, "Pl" by Moody's and "A-l+" by S&P and which matures not more than 210 calendar days after the date of purchase. (8) by S&P. Investments in a money market fund rated "AAAm" or "AAAm-G" or better (9) Prerefunded Obligations. (10) Municipal obligations rated "Aaa/AAA" or general obligations of States with a rating of"A2/A" or higher by both Moody's and S&P. (1 1) Investment agreements approved in writing by the Insurer(s) (supported by appropriate opinions of counsel). 16F (12) Other forms of investments (including repurchase agreements) approved in writing by the Insurer(s). (13) Units of participation in the Local Government Surplus Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes, or any similar common trust fund which is established pursuant to State law as a legal depository of public moneys. (14) Other investments approved by the Insurer or Insurers of the Bonds, provided all Outstanding Bonds are insured as to payment by such Insurer or Insurers. The value of the above investments shall be determined as follows: (a) For the purpose of determining the amount in any fund or account, all Authorized Investments credited to such fund or account shall be valued at fair market value. The fair market value shall be based on accepted industry standards and from accepted industry providers. Accepted industry providers shall include but are not limited to pricing services provided by Financial Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Stearns, or Lehman Brothers. (b) As to certificates of deposit and bankers' acceptances, the value shall be the face amount thereof, plus accrued interest thereon. (c) As to any investment not specified above, the value thereof established by prior agreement among the Issuer and the Insurer(s). "Authorized Issuer Officer" shall mean the chiefadminisl~ative officer of the Issuer, or his or her assignee, and when used in reference to any act or document also shall mean any other person authorized by resolution of the Issuer to perform such act or sign such document. "Bond Amortization Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. 4 16F3 "Bond Year" shall mean the period commencing and ending on the dates specified by Supplemental Resolution of the Issuer. "Bondholder" or "Holder" or "holder" or any similar term, when used with reference to a Bond or Bonds, shall mean any person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books of the Issuer. "Bond Insurance Policy" shall mean the municipal bond new issue insurance policy or policies issued by an Insurer guaranteeing the payment of the principal of and interest on any portion of the Bonds. "Bonds" shall mean the Series 2003 Bonds, together with any Additional Bonds issued pursuant to this Resolution and any Subordinated Indebtedness which accedes to the status of Bonds pursuant to Section 5.04 hereof. "Business Day" or "business day" shallmean any day other than a Saturday, Sunday or a day on which banking institutions within the State are authorized by law to remain closed. "Capital Appreciation Bonds" shall mean those Bonds so designated by Supplemental Resolution of the Issuer, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. In the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or prior to redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Chairman" shall mean the Chairman of the Board of County Commissioners of the Issuer, and such other person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court for Collier County, Florida, ex-officio Clerk of the Board of County Commissioners of the Issuer, or such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Construction Fund" shall mean the fund established pursuant to Section 4.03 hereof. "Cost" or "Costs", when used in connection with a Project, shall, to the extent permitted by the Act, mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of such Project; (3) costs of land and interests therein and the cost of the Issuer incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during, and if deemed advisable by the Issuer, for up to one year after the end of, the construction period of such Project; (6) engineering, legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred during, and if deemed advisable by the Issuer, for up to one (1) year after the end of, the construction period for such Project, including audits, fees and expenses of any Paying Agent, Registrar, Insurer, Credit Bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any indebtedness of the Issuer (other than the Bonds) incurred for such Project; (9) costs of machinery or equipment required by the Issuer for the commencement of operation of such Project; (10) other costs or expenses which may be funded from proceedso f the Bonds pursuant to the Act; and (11) any other costs properly attributable to such construction or acquisition, as determined by generally accepted accounting principles and shall include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer and interest on any interfund loan related thereto. Any Supplemental Resolution may provide for additional items to be included in the aforesaid Costs. "Counterparty" shall mean the entity entering into a Hedge Agreement with the Issuer. Counterparty would also include any guarantor of such entity's obligations under such Hedge Agreement. "Credit Bank" shall mean as to any particular Series of Bonds, the Person (other than an Insurer) providing a letter of credit, a line of credit or another credit or liquidity enhancement facility, as designated in the Supplemental Resolution providing for the issuance of such Bonds. "Credit Facility" shall mean as to any particular Series of Bonds, a letter of credit, a line of credit or another credit or liquidity enhancement facility (other than an insurance policy issued by an Insurer), as approved in the Supplemental Resolution providing for the issuance of such Bonds. "Debt Service" shall mean, at any time, the aggregate amount in the then applicable period of time of (1) interest required to be paid on the Outstanding Bonds during such period of time, except to the extent that such interest is to be paid from deposits in the Interest Account made from Bond proceeds, (2) principal of Outstanding Serial Bonds maturing in such period of time, and (3) the Amortization Installments herein designated with 16F respect to such period of time. For purposes of this definition, (A) all amounts payable on a Capital Appreciation Bond shall be considered a principal payment in the year it becomes due, (B) with respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, interest on such Bonds during the term of such Qualified Hedge Agreement shall be deemed to be the Hedge Payments coming due during such period of time, and (C) the amount on deposit in the Reserve Account (or any subaccount thereof) on any date of calculation of Debt Service shall be deducted from the amount of principal due at the final maturity of the Bonds which are secured by such Reserve Account (or subaccount thereof) and in each preceding year until such amount is exhausted. "Debt Service Fund" shall mean the fund established pursuant to Section 4.04 hereof. "Event of Default" shall mean any Event of Default specified in Section 6.01 of this Resolution. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Fitch" means Fitch Ratings and any assigns and successors thereto. "Five Cents Local Option Gas Tax" shall mean the first 5-cents of the local option gas tax levied and received by the Issuer pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the Issuer, any additional local option gas tax received by the Issuer pursuant to Section 336.025( 1 )(b), Florida Statutes, and pledged by the Issuer pursuant to Supplemental Resolution. "Gas Taxes" shall mean, collectively, the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax and any other gas tax imposed and/or received by the Issuer which is specifically pledged hereunder by the Issuer pursuant to Supplemental Resolution. "Gas Tax Ordinances" shall mean the ordinances enacted from time to time by the Issuer which impose the Gas Taxes, including, but not limited to, Ordinance No. 80-50 of the Issuer, enacted on June 3, 1980; Ordinance No. 80-51 of the Issuer, enacted on June 3, 1980; Ordinance No. 99-40 of the Issuer, enacted on May 25, 1999; Ordinance No. 93-48 of the Issuer, enacted on August 3, 1993, as amended by Ordinance No. 2001-26 of the Issuer, enacted on May 8, 2001; each as amended and supplemented from time to time. 16F3 "Gas Tax Revenues" shall mean the moneys received by the Issuer from the proceeds of the Gas Taxes. "Governing Body" shall mean the Board of County Commissioners of Collier County, Florida or its successor in function. "Hedge Agreement" shall mean an agreement in writing between the Issuer and the Counterp arty pursuant to which (1) the Issuer agrees to pay to the Counterp arty an am ount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on the debt of the Counterparty specified in such agreement in the period specified in such agreement and (2) the Counterparty agrees to pay to the Issuer an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on all or a portion of a Series of Bonds specified in such agreement during the period specified in such agreement. "Hedge Payments" shall mean any amounts payable by the Issuer as interest on the related notional amount under a Qualified Hedge Agreement; excluding, however, any payments due as a penalty or a fee or by virtue of termination of a Qualified Hedge Agreement or any obligation of the Issuer to provide collateral. "Hedge Receipts" shall mean any amounts receivable by the Issuer on the related notional amount under a Qualified Hedge Agreement. "Home Rule Ordinance" shall mean the Ordinance enacted on February 25, 2003, as amended, relating to the issuance of the Bonds. "Initial Project" shall mean the acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within Collier County, Florida, as more specifically described in the plans and specifications on file or to be on file with the Issuer, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Governing Body in accordance with the Act. A general description of the Initial Project is provided in Exhibit A attached hereto. "Insurer" shall mean, such Person as shall be in the business of insuring or guaranteeing the payment of principal of and interest on municipal securities and whose credit is such that, at the time of any action or consent required or permitted by the Insurer pursuant to the terms of this Resolution, all municipal securities insured or guaranteed by it 16F3 are then rated, because of such insurance or guarantee, in one of the two most secure grades by one of the Rating Agencies. "Interest Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on a Series of Bonds as shall be provided by Supplemental Resolution. "Interlocal Agreements" shall mean, collectively, the interlocal agreement, relating to the Six Cents Local Option Gas Tax, between the Issuer and the City of Naples, dated May 25, 1999, as the same may be amended or supplemented from time to time; and any other interlocal agreement between the Issuer and a municipality located in the Issuer relating to distribution of any of the Gas Taxes. "Investment Earnings" shall mean all income derived from investment of moneys in the funds and accounts established hereunder, other than the Rebate Fund and the Unrestricted Revenue Account. "Issuer" shall mean Collier County, Florida. "Maximum Annual Debt Service" shall mean the largest aggregate amount of the Annual Debt Service becoming due in any Fiscal Year in which Bonds are Outstanding. "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth in the Supplemental Resolution of the Issuer delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any particular time bear. "Moody's"shall mean Moody's Investors Service, and any assigns or successors thereto. "Ninth Cent Gas Tax" shall mean the tax of one-cent per gallon on motor fuel and special fuel imposed by the Issuer pursuant to Section 336.021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in the Gas Tax Ordinances. "Outstanding", when used with reference to Bonds and as of any particular date, shall describe all Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or other Bonds have been issued under 9 16F3 agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.05 and 2.07 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity. "Paying Agent" shall mean for each Series of Bonds any paying agent for such Series of Bonds appointed by or pursuant to this Resolution and its successor or assigns, and any other Person which may at any time be substituted in its place pursuant to this Resolution. "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. "Pledged Funds" shall mean (1) the Gas Tax Revenues and (2) until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds and accounts established hereunder, except (A) as for the Unrestricted Revenue Account and the Rebate Fund, and (B) to the extent moneys on deposit in a subaccount of the Reserve Account shall be pledged solely for the payment of the Series of Bonds for which it was established in accordance with the provisions hereof. "Prerefunded Obligations" shall mean any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (1) which are (A) not callable prior to maturity or (B) as to which irrevocable instructions have been given to the fiduciary for such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (2) which are fully secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or United States Obligations, secured in the manner set forth in Section 8.01 hereof, which fund may be applied only to the payment of such principal of, redemption premium, if any, and interest on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as the case may be, (3) as to which the principal of and interest on the United States Obligations, which have been deposited in such fund along with any cash on deposit in such fund, are sufficient, as verified by an independent certified public accountant or other expert in such matters, to pay principal of, redemption premium, if any, and interest on the bonds or other obligations on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in clause (1) above, and (4) which are rated in the highest rating 10 16F3 category (without regard of gradations, such as "plus" or "minus" of such categories) of one of the Rating Agencies. "Principal Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Prior Bonds" shall mean the Issuer's Collier County, Florida Road Improvement Refunding Revenue Bonds, Series 1995, dated as of July 1, 1995, and any obligations issued pursuant to the Prior Resolution to refund such Bonds. "Prior Resolution" shall mean the Issuer's Resolution No. 80-114, adopted on June 10, 1980, as amended and supplemented. "Project" shall mean the Initial Project and any Additional Project. "Qualified Hedge Agreement" shall mean a Hedge Agreement with a Counterparty which at the time it enters into such Qualified Hedge Agreement is rated "A-" or better by Standard & Poor's and "A3" or better by Moody's. "Rating Agencies" means Fitch, Moody's and Standard & Poor's. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Refunding Securities" shall mean the United States Obligations and the Prerefunded Obligations. "Registrar" shall mean for each Series of Bonds any registrar for Bonds appointed by or pursuant to this Resolution and its successors and assigns, and any other Person which may at any time be substituted in its place pursuant to this Resolution. "Reserve Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. 11 16F "Reserve Account Insurance Policy" shall mean the insurance policy or surety bond deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(A)(4) hereof. "Reserve Account Letter of Credit" shall mean an unconditional irrevocable letter of credit or line of credit or other credit facility (other than a Reserve Account Insurance Policy) deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(A)(4) hereof. "Reserve Account Requirement" shall mean, as of any date of calculation for the Reserve Account, an amount equal to the lesser of (1) Maximum Annual Debt Service for all Outstanding Bonds secured thereby, (2) 125% of the average Annual Debt Service for all Outstanding Bonds secured thereby, or (3) the maximum amount allowed to be funded from proceeds of tax-exempt obligations and invested at an unrestricted yield pursuant to the Code; provided, however, the Issuer may establish by Supplemental Resolution a different Reserve Account Requirement for a subaccount of the Reserve Account which secures a Series of Bonds pursuant to Section 4.05(A)(4) hereof. In computing the Reserve Account Requirement in respect of a Series of Bonds that constitutes Variable Rate Bonds, the interest rate on such Bonds shall be assumed to be (A) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of calculation, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the time of calculation. The time of calculation for Variable Rate Bonds shall be each March 1. "Resolution" shall mean this Resolution, as the same may from time to time be amended, modified or supplemented by Supplemental Resolution. "Restricted Revenue Account" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. "Revenue Fund" shall mean the Revenue Fund established pursuant to Section 4.04 hereof. "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 and 2.02 hereof or a Supplemental Resolution authorizing the issuance by the Issuer of such Bonds as a separate Series, 12 16F regardless of variations in maturity, interest rate, Amortization Installments or other provisions. "Series 2003 Bonds" shall mean the Issuer's Collier County, Florida Gas Tax Revenue Bonds, Series 2003 authorized pursuant to Section 2.02 hereof. "Seventh Cent Gas Tax" shall mean the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206.87, Florida Statutes, and allocated to the Issuer pursuant to the provisions of subsection (1)(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. "Six Cents Local Option Gas Tax" shall mean the first 6-cents of the local option gas tax levied and received bythe Issuer pursuant to Section 336.025(1)(a), Florida Statutes, plus, to the extent provided by Supplemental Resolution of the Issuer, any additional local option gas tax received by the Issuer received pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by the Issuer pursuant to Supplemental Resolution. "Standard and Poor's" or "S&P" shall mean Standard and Poor's Ratings Services, and any assigns and successors thereto. "State" shall mean the State of Florida. "Subordinated Indebtedness" shall mean that indebtedness of the Issuer, subordinate and junior to the Bonds, issued in acc ordance with the provisions of Section 5.01 hereof. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Sections 7.01, 7.02 and 7.03 hereof. "Taxable Bond" shall mean any Bond which states, in the body thereof, that the interest income thereon is includable in the gross income of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution of the Issuer and which are subject to mandatory redemption by Amortization Installment. "United States Obligations" shall mean obligations described in paragraphs (2) and (4) of the definition of "Authorized Investments." "United States Obligations" shall also 13 16F include direct obligations of the United States Treasury, Treasury Receipts, CATS, STRPS, TIGRS, Refcorp interest strips and similar securities and obligations of agencies described in this definition; provided such obligations do not permit redemption prior to maturity at the option of the obligor. "Unrestricted Revenue Account" shall mean the separate account in the Revenue Fund established pursuant to Section 4.04 hereof. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire term thereof at the date of issue. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. The Issuer has ascertained and hereby determined that adoption of this Resolution is necessary to carry out the powers, purposes and duties expressly provided in the Act, that each and every matter and thing as to which provision is made herein is necessary in order to carry out and effectuate the purposes of the Issuer in accordance with the Act and to carry out and effectuate the plan and purpose of the Act, and that the powers of the Issuer herein exercised are in each case exercised in accordance with the provisions of the Act and in furtherance of the purposes of the Issuer. SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds and any Credit Bank and Insurer and shall be deemed to be and shall constitute a contract between the Issuer and the Holders from time to time of the Bonds and any Credit Bank and Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of any Credit Bank and Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, 14 16F3 shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared: (A) That the Issuer deems it necessary, desirable and in the best interests of the health, safety and welfare of the Issuer and its inhabitants that Projects, from time to time, be acquired and constructed. (B) That such Projects shall be financed, in whole or in part, by the proceeds of Bonds issued pursuant to this Resolution. (C) That the Pledged Funds are not pledged or encumbered in any manner, except as provided in the Prior Resolution. Such Pledged Funds shall secure the payment of the Bonds, in accordance with the terms hereof. (D) That the Prior Resolution provides for a lien on and pledge of the Ninth Cent Gas Tax and Seventh Cent Gas Tax for the benefit of the holders of the Prio'r Bonds. Such pledge and lien shall be extinguished upon the issuance of the Series 2003 Bonds and the refunding of the Prior Bonds. (E) That the estimated Pledged Funds will be sufficient to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution, as the same become due, and all other payments provided for in this Resolution. (F) That the principal of and interest on the Bonds to be issued pursuant to this Resolution, and all other payments provided for in this Resolution will be paid solely from the Pledged Funds provided herein; and the ad valorem taxing power of the Issuer will never be necessary or authorized to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution and, except as otherwise provided herein, the Bonds shall not constitute a lien upon any property of the Issuer. SECTION 1.05. INITIAL PROJECT. The Issuer does hereby authorize the acquisition and construction of the Initial Project. SECTION 1.06. PRIOR BONDS. The Issuer does hereby authorize the refunding of the Prior Bonds. 15 16F3 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution creates an issue of Bonds of the Issuer to be designated as "Collier County, Florida, Gas Tax Revenue Bonds" which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of the Bonds which may be executed and delivered under this Resolution is not limited except as is or may hereafter be provided in this Resolution or as limited by the Act or by law. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may determine and as may be necessary to distinguish such Bonds from the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money of the United States of America on such dates; all as determined by Supplemental Resolution of the Issuer. The Bonds shall be issued in such denominations and such form, whether coupon or registered; shall be dated such date; shall bear such numbers; shall be payable at such place or places; shall contain such redemption provisions; shall have such Paying Agents and Registrars; shall mature in such years and amounts; and the proceeds shall be used in such manner; all as determined by Supplemental Resolution of the Issuer. The Issuer may issue Bonds which may be secured by a Credit Facility or by a Bond Insurance Policy of an Insurer all as shall be determined by Supplemental Resolution of the Issuer. The Governing Body may delegate approval of the terms, details and sale of a Series of Bonds to an Authorized Issuer Officer pursuant to Supplemental Resolution. SECTION 2.02. AUTHORIZATION AND DESCRIPTION OF SERIES 2003 BONDS. A Series of Bonds entitled to the benefit, protection and security of this Resolution is hereby authorized in the aggregate principal amount of $120,000,000 for the principal purposes of paying or reimbursing the Costs of the Initial Project and refunding the Prior Bonds. Such Series of Bonds shall be designated as, and shall be distinguished from the 16 16F} Bonds of all other Series by the title, "Collier County, Florida, Gas Tax Revenue Bonds, Series 2003 ." The Series 2003 Bonds shall be dated as of the first day of the month in which occurs the delivery of the Series 2003 Bonds to the purchaser or purchasers thereof or such other date as may be set forth by Supplemental Resolution of the Issuer; shall be issued as fully registered Bonds; shall be numbered consecutively from one upward in order of maturity preceded by the letter "R"; shall be in such denominations and shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable in such manner and on such dates; shall consist of such amounts of Serial Bonds, Term Bonds, Variable Rate Bonds and Capital Appreciation Bonds; maturing in such amounts and in such years not exceeding such period as may be permitted by the Act at the time of issuance; shall be payable in such place or places; shall have such Paying Agents and Registrars; and shall contain such redemption provisions; all as the Issuer shall provide hereafter by Supplemental Resolution. The principal of or Redemption Price, if applicable, on the Series 2003 Bonds are payable upon presentation and surrender of the Series 2003 Bonds at the office of the Paying Agent. Interest payable on any Series 2003 Bond on any Interest Date will be paid by check or draft of the Paying Agent to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the request and expense of such Holder, by bank wire transfer for the account of such Holder. All payments of principal of or Redemption Price, if applicable, and interest on the Series 2003 Bonds shall be 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. SECTION 2.03. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after 17 16F3 the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.04. AUTHENTICATION. No Bond of any Series shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.08 hereof. SECTION 2.05. TEMPORARY BONDS. Until the definitive Bonds of any Series are prepared, the Issuer may execute, in the same manner as is provided in Section 2.03, and deliver, upon authentication by the Registrar pursuant to Section 2.04 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental Resolution, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and Series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead o fissuing a substitute Bond, the Issuer may 18 16F3 pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder. SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same Series and maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. Each Bond shall be transferable only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and Series and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price, if applicable, and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. 19 16F The Registrar, in any case where it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (A) following the fifteenth day prior to an interest payment date for such Series; (B) following the fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds of such Series; and (C) at any other time as reasonably requested by the Paying Agent of such Series, certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Issuer shall cause to be issued Bonds and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Bonds may occur at the time of the original delivery of the Series of which such Bonds are a part. All Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the Issuer to be destroyed or returned by the Registrar. For every such exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall not be obligated to make any such exchange or transfer of Bonds of any Series during the 15 days next preceding an Interest Date on the Bonds of such Series (other than Capital Appreciation Bonds and Variable Rate Bonds), or, in the case of any proposed redemption of Bonds of such Series, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. The Issuer may elect to issue anyBonds as uncertificated registered public obligations (not represented by instruments), commonly known as book-entry obligations, provided it shall establish a system of registration therefor by Supplemental Resolution. SECTION 2.08. FORM OF BONDS. The text of the Bonds, except for Capital Appreciation Bonds and Variable Rate Bonds, the form of which shall be provided by Supplemental Resolution of the Issuer, shall be in substantially the following form with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): 20 16F3 No. R- UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY, FLORIDA GAS TAX REVENUE BOND, SERIES Interest Maturity Date of Rate Date Original Issue CUSIP Registered Holder: Principal Amount; Collier County, Florida, a political subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay, solely from the Pledged Funds hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on and of each year commencing until such Principal Amount shall have been paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Such Principal Amount and interest and the premium, if any, on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount and the premium, if any, on this Bond, are payable, upon presentation and surrender hereof, at the designated corporate trust office of , , ., as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer maintained by , , , as Registrar, at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar 21 16F3 month next preceding each interest payment date and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the request and expense of such Registered Holder, by bank wire transfer for the account of such Holder. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $__ (the "Bonds") of like date, tenor and effect, except as to maturity date, interest rate, denomination and number, issued to finance , in and for the Issuer, under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 125, Florida Statutes, Sections 206.60, 336.021 and 336.025, Florida Statutes, certain ordinances of the Issuer, certain interlocal agreements and other applicable provisions of law (the "Act"), and a resolution duly adopted by the Board of County Commissioners of the Issueron ,2003, as amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond and the interest hereon are payable solely from and secured by a lien upon and a pledge of(l) the Gas Tax Revenues (as defined in the Resolution) and (2) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in certain of the funds and accounts established by the Resolution, all in the manner and to the extent described in the Resolution (collectively, the "Pledged Funds"). The Gas Taxes subject to the lien and pledge provided in the Resolution may be increased by the Issuer in accordance with the terms of the Resolution. It is expressly agreed by the Registered Holder of this Bond that the full faith and credit of the Issuer, the State of Florida, or any political subdivision thereof, are not pledged to the payment of the principal of, premium, if any, and interest on this Bond and that such Holder shall never have the right to require or compel the exercise of any taxing power of the Issuer, the State of Florida, or any political subdivision thereof, to the payment of such principal, premium, if any, and interest. This Bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Issuer, but shall constitute a lien only on, and shall be payable solely from, the Pledged Funds in accordance with the terms of the Resolution. The Issuer may issue additional obligations on parity with the Bonds in accordance with the terms of the Resolution. Neither the members of the Board of County Commissioners of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER 22 16F3 PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. [This Bond is one of a Series of Bonds which were validated by judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on .] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. IN WITNESS WHEREOF, Collier County, Florida has issued this Bond and has caused the same to be executed by the manual or facsimile signature of the Chairman of its Board of County Commissioners and to be countersigned and attested by the manual or facsimile signature of the Clerk of the Board of County Commissioners and its official seal or a facsimile thereof to be affixed or reproduced hereon, all as of the Date of Original Issue. COLLIER COUNTY, FLORIDA Chalrn~~~mlssloners of Collier County, Florida A'I-TEST: DWIGHT E. BROCK, GLFJIt( Deputv Clerk Clerk of the Board of County Commissioners of Collier County, Florida J test as to 23 16F3 Resolution. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the Issue described in the within-mentioned DATE OF AUTHENTICATION: Registrar By: Authorized Officer 24 16F3 (Provisions on Reverse Side of Bond) The transfer of this Bond is registrable in accordance with the terms of the Resolution only upon the books of the Issuer kept for that purpose at the designated corporate trust office of the Registrar by the Registered Holder hereof in person or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable in the form of fully registered Bonds in the denomination of $5,000 and any integral multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer and the Registrar shall not be obligated to make any exchange or transfer of the Bonds during the 15 days next preceding an interest payment date or, in the case of any proposed redemption of the Bonds, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption. (INSERT REDEMPTION PROVISIONS) Redemption of this Bond under the preceding paragraphs shall be made as provided in the Resolution upon notice given by first class mail sent at least 30 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar; provided, however, that failure to mail notice to the Registered Holder hereof, or any defect therein, shall not affect the validity of the proceedings for redemption of other Bonds as to which no such failure or defect has occurred. In the event that less than the full principal amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal, as provided in the Resolution. Reference to the Resolution and any and all resolutions supplemental thereto and modifications and amendments thereof and to the Act is made for a description of the pledge and covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and covenants, and the rights, duties, immunities and obligations of the Issuer. 25 16F3 It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. 26 16F ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint , as attorneys to register the transfer of the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. 27 16F3 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- Custodian for (Cust.) under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 28 16F3 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION. The terms of this Article III shall apply to redemption of Bonds other than Capital Appreciation Bonds or Variable Rate Bonds. The terms and provisions relating to redemption of Capital Appreciation Bonds and Variable Rate Bonds shall be provided by Supplemental Resolution. SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than 45 days prior to the redemption date by the Registrar from the Outstanding Bonds of the maturity or maturities designated by the Issuer by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption, which shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be filed with the Paying Agents of such Bonds, (B) shall be mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of mailing of such notice, and (C) shall be mailed, certified mail, postage prepaid, at least 35 days prior to the redemption date to the registered securities depositories and two or more nationally recognized municipal bond information services. Failure to mail such notice to such depositories or services or the Holders of the Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or defect has occurred. Notice of optional redemption of Bonds shall only be sent if the 29 16F3 Issuer determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Bonds called for redemption on the redemption date. Each notice of redemption shall state: (1) the CUSIP numbers of all Bonds being redeemed, (2) the original issue date of such Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to surrendered for payment of the Redemption Price at the principal office of the Registrar at an address specified, and (10) the name and telephone number of a person designated by the Registrar to be responsible for such redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; provided, however, the failure to provide such further notice of redemption or to comply with the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: (A) Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being The Depository Trust Company, New York, New York, Midwest Securities Trust Company, Chicago, Illinois and Philadelphia Depository Trust Company, Philadelphia, Pennsylvania) and to two or more national information services which disseminate notices of prepayment or redemption of obligations such as the Bonds (such information services now being called Financial Information, Inc.'s "Daily Called Bond Service," Jersey City, New Jersey, Kenny Information Service's "Called Bond Service," New York, New York, Moody's "Municipal and Government," New York, New York and Standard & Poor's "Called Bond Record," New York, New York). (B) Each further notice of redemption shall be sent to such other Person, if any, as shall be required by applicable law or regulation. 30 16F The notice of redemption described in this paragraph need not be given as described above if the Bonds called for redemption are registered pursuant to a book-entry-only system. The Issuer may provide that a notice of redemption may be contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur, the notice will be rescinded; provided notice of rescission shall be mailed in the manner described above to all affected Bondholders not later than three business days prior to the date of redemption. SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. 31 16F ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. The Bonds shall not be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of any constitutional or statutory provision, but shall be special obligations of the Issuer, payable solely from and secured by a lien upon and pledge of the Pledged Funds in accordance with the terms of this Resolution. No Holder of any Bond or any Credit Bank or Insurer shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond, or be entitled to payment of such Bond from any moneys of the Issuer except from the Pledged Funds in the manner provided herein. SECTION 4.02. SECURITY FOR BONDS. Except as otherwise provided herein, the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds; provided, however, a Series of Bonds may be further secured by a Credit Facility or insurance policy of an Insurer in addition to the security provided herein; and provided further that a Series of Bonds may be secured independently of any other Series of Bonds by the establishment ora separate subaccount in the Reserve Account for such Series of Bonds. Issuers of a Reserve Account Insurance Policy and Reserve Account Letter of Credit shall be secured in accordance with the provisions hereof. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds in accordance with the provisions hereof. The Pledged Funds shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. Except as otherwise provided by Supplemental Resolution, the obligation of the Issuer to make Hedge Payments to a Counterparty pursuant to a Qualified Hedge Agreement shall be on parity with the Bonds as to lien on and pledge of the Pledged Funds in accordance with the terms hereof (any other payments related to a Qualified Hedge Agreement, including fees, penalties and termination payments and the obligation of the Issuer to collateralize, shall be Subordinated Indebtedness of the Issuer). SECTION 4.03. CONSTRUCTION FUND. The Issuer covenants and agrees to establish a special fund in a bank, trust company or other entity in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, to be known as the "Collier County Gas Tax Revenue Bonds Construction Fund," which shall be used only 32 16F for payment of the Cost of the Projects. Moneys in the Construction Fund, until applied in payment of any item of the Cost of a Project in the manner hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of this Resolution, and there may be paid into the Construction Fund, at the option of the Issuer, any moneys received for or in connection with a Project by the Issuer from any other source. The Issuer shall establish within the Construction Fund a separate account for each Project, the Cost of which is to be paid in whole or in part out of the Construction Fund. The "Series 2003 Account" of the Construction Fund is hereby established, from which Costs of the Initial Project shall be paid. The proceeds of insurance maintained pursuant to this Resolution against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the appropriate account of the Construction Fund. Any moneys received by the Issuer from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of a Project may be deposited into the appropriate account of the Construction Fund and used in the same manner as other Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The Issuer covenants that the acquisition, construction and installation of each Project will be completed without delay and in accordance with sound engineering practices. The Issuer shall make disbursements or payments from the Construction Fund to pay the Cost of a Project upon the filing with the Clerk of documents and/or certificates signed by an Authorized Issuer Officer, stating with respect to each disbursement or payment to be made: (A) the item number of the payment, (B) the name and address of the Person to whom payment is due, (C) the amount to be paid, (D) the Construction Fund account from which payment is to be made, (E) the purpose, by general classification, for which payment is to be made and that such purpose qualifies for payment from all of the Gas Taxes (or, in the alternative, an Authorized Issuer Officer states that payment of costs associated with such purpose will not violate the Act), and (F) that (1) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment ora part of the Cost ora Project and is a proper charge against the account of the Construction Fund from which payment is to be made and has not been the basis of any previous disbursement or payment, or (2) each obligation, item of cost or expense mentioned therein has been paid by the Issuer, is a 33 16F3 reimbursement of a part of the Cost of a Project, is a proper charge against the account of the Construction Fund from which payment is to be made, has not been theretofore reimbursed to the Issuer or otherwise been the basis of any previous disbursement or payment and the Issuer is entitled to reimbursement thereof. The Clerk shall retain all such certificates of the Authorized Issuer Officers for such period of time as required by applicable law. The Clerk shall make available the documents and/or certificates at all reasonable times for inspection by any Holder of any of the Bonds or the agent or representative of any Holder of any of the Bonds. Notwithstanding any of the other provisions of this Section 4.03, to the extent that other moneys are not available therefor, amounts in an account of the Construction Fund with respect to any Series of Bonds shall be applied to the payment of principal and interest on such Series when due. The date of completion of acquisition and construction of a Project shall be determined by the Authorized Issuer Officer who shall certify such fact in writing to the Governing Body. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Cost of such Project, the Issuer shall deposit in the following order of priority any balance of moneys remaining in the Construction Fund in (A) another account of the Construction Fund for which the Authorized Issuer Officer has stated that there are insufficient moneys present to pay the cost of the related Project, (B) the Reserve Account to the extent of a deficiency therein, and (C) such other fund or account established hereunder as shall be determined by the Governing Body, provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for purposes of federal income taxation. SECTION 4.04. FUNDS AND ACCOUNTS. The Issuer covenants and agrees to establish with one or more banks, trust companies or other entities in the State of Florida, which is eligible under the laws of such State to receive funds of the Issuer, special funds to be known as the "Collier County Gas Tax Revenue Bonds Revenue Fund", the "Collier County Gas Tax Revenue Bonds Debt Service Fund" and the "Collier County Gas Tax Revenue Bonds Rebate Fund." The Issuer shall maintain in the Revenue Fund two accounts: the "Restricted Revenue Account" and the "Unrestricted Revenue Account." The Issuer shall maintain in the Debt Service Fund four accounts: the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Moneys in the aforementioned funds and accounts, other than the Rebate Fund and the Unrestricted Revenue Account, until applied in accordance with the provisions hereof, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. 34 16F3 The Issuer may at any time and from time to time appoint one or more depositories to hold, for the benefit of the Bondholders, any one or more of the funds, accounts and subaccounts established hereby. Such depository or depositories shall perform at the direction of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from each of such funds and accounts as herein set forth, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the Issuer and its agent and employees. Any such depositary shall be a bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal or state authority, of good standing, and be qualified under applicable State law as a depository. SECTION 4.05. DISPOSITION OF GAS TAX REVENUES. (A) The Issuer shall promptly deposit upon receipt from the State the Gas Taxes and any additional gas taxes pledged hereunder pursuant to Supplemental Resolution into the Restricted Revenue Account. The moneys in the Restricted Revenue Account shall be deposited or credited on or before the 25th day of each month, commencing in the month immediately following delivery of any of the Bonds to the purchasers thereof, or such later date as hereinafter provided, in the following manner and in the following order of priority: (1) Interest Account. The Issuer shall deposit or credit to the Interest Account the sum which, together with the balance in said Account, shall equal the interest on all Bonds Outstanding (except as to Capital Appreciation Bonds) accrued and unpaid and to accrue to the end of the then current calendar month. All Hedge Receipts shall be deposited directly to the Interest Account upon receipt. With respect to interest on Bonds which are subject to a Hedge Payment, interest on such Bonds during the term of the Qualified Hedge Agreement shall be deemed to include the corresponding Hedge Payments. Moneys in the Interest Account shall be applied by the Issuer (a) for deposit with the Paying Agents to pay the interest on the Bonds on or prior to the date the same shall become due and (b) for Hedge Payments. The Issuer shall adjust the amount of the deposit to the Interest Account not later than a month immediately preceding any Interest Date so as to provide sufficient moneys in the Interest Account to pay the interest on the Bonds coming due on such Interest Date. No further deposit need be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Date. With respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, any Hedge Payments due to the Counterparty to such Qualified Hedge Agreement relating to such Bonds shall be paid to the Counterparty to such Qualified Hedge Agreement on a parity basis with the aforesaid required payments into the Debt Service Fund. In computing the interest on Variable Rate Bonds which shall accrue during a calendar month, the interest rate on such Variable Rate Bonds shall be assumed to be (A) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the 35 16F} commencement of such calendar month, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, and (B) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of calculation, the Bond Buyer Revenue Bond Index most recently published prior to the commencement of such calendar month. (2) Principal Account. Commencing no later than the month which is one year prior to the first principal due date, the Issuer shall next deposit into the Principal Account the sum which, together with the balance in said Account, shall equal the principal amounts on all Bonds Outstanding due and unpaid and,that portion of the principal next due which would have accrued on such Bonds during the then current calendar month if such principal amounts were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) except for the Amortization Installments to be deposited pursuant to Section 4.05(A)(3) hereof in equal amounts from the next preceding principal payment due date, or, if there be no such preceding payment due date from a date one year preceding the due date of such principal amount. Moneys in the Principal Account shall be applied by the Issuer for deposit with the Paying Agents to pay the principal of the Bonds on or prior to the date the same shall mature, and for no other purpose. Serial Capital Appreciation Bonds shall be payable from the Principal Account in the years in which such Bonds mature and monthly payments into the Principal Account on account of such Bonds shall commence in the month of the respective Bond Years in which such Bonds mature. The Issuer shall adjust the amount of the deposit to the Principal Account not later than the month immediately preceding any principal payment date so as to provide sufficient moneys in the Principal Account to pay the principal on Bonds becoming due on such principal payment date. No further deposit need be made to the Principal Account when the moneys therein are equal to the principal coming due on the Outstanding Bonds on the next succeeding principal payment date. (3) Bond Amortization Account. Commencing in the month which is one year prior to the first Amortization Installment due date, there shall be deposited to the Bond Amortization Account the sum which, together with the balance in such Account, shall equal the Amortization Installments on all Bonds Outstanding due and unpaid and that portion of the Amortization Installments of all Bonds Outstanding next due which would have accrued on such Bonds during the then current calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of 12 equivalent calendar months having 30 days each) in equal amounts from the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in the manner herein provided, and for no other purpose. The Issuer shall adjust the amount of the 36 deposit to the Bond Amortization Account on the month immediately preceding any Amortization Installment date so as to provide sufficient moneys in the Bond Amortization Account to pay the Amortization Installments becoming due on such date. Payments to the Bond Amortization Account shall be on parity with payments to the Principal Account. Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, if any, on the Term Bonds for which such Amortization Installment was established) may be applied by the Issuer, on or prior to the 60th day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable Redemption Prices of such Term Bonds, if then redeemable by their terms. Amounts in the Bond Amortization Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment which shall become due on such Term Bonds. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date of any such Amortization Installment, the Issuer shall proceed to call for redemption on such due date, by causing notice to be given as provided in Section 3.03 hereof, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The Issuer shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agents to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by the Issuer from the Restricted Revenue Account. (4) Reserve Account. There shall be deposited to the Reserve Account an amount which would enable the Issuer to restore the funds on deposit in the Reserve Account to an amount equal to the Reserve Account Requirement applicable thereto. All deficiencies in the Reserve Account must be made up no later than 12 months from the date such deficiency first occurred, whether such shortfall was caused by decreased market value or withdrawal (whether from cash or a Reserve Account Insurance Policy or Reserve Account Letter of Credit). On or prior to each principal payment date and Interest Date for the Bonds (in no event earlier than the 25th day of the month next preceding such payment date), moneys in the Reserve Account shall be applied by the Issuer to the payment of the principal of or 37 16F3 Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account, the Principal Account and the Bond Amortization Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a decrease in the Reserve Account Requirement or as a result of a deposit in the Reserve Account of a Reserve Account Letter of Credit or a Reserve Account Insurance Policy, such surplus moneys, to the extent practicable, shall be deposited by the Issuer into the Unrestricted Revenue Account. The Issuer shall promptly inform each Insurer of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. Upon the issuance of any Series of Bonds under the terms, limitations and conditions as herein provided, the Issuer shall fund the Reserve Account in an amount at least equal to the Reserve Account Requirement. Such required amount, if any, shall be paid in full or in part from the proceeds of such Series of Bonds or may be accumulated in equal monthly payments to the Reserve Account over a period of months from the date of issuance of such Series of Bonds, which shall not exceed 36 months. In the event moneys in the Reserve Account are accumulated as provided above, (a) the amount in said Reserve Account on the date of delivery of the Additional Bonds shall not be less than the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on such date, and (b) the incremental difference between the Reserve Account Requirement on all Bonds Outstanding (excluding the Additional Bonds) on the date of delivery of the Additional Bonds and the Reserve Account Requirement on all such Bonds and the Additional Bonds shall be 50% funded upon delivery of the Additional Bonds. Notwithstanding the foregoing provisions, in lieu of or in substitution of the required deposits into the Reserve Account, the Issuer may cause to be deposited into the Reserve Account a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account Requirement applicable thereto and the sums then on deposit in the Reserve Account, if any. The Issuer may also substitute a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for cash on deposit in the Reserve Account upon compliance with the terms of this Section 4.05(A)(4). Such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall be payable to the Paying Agent (upon the giving of notice as required thereunder) on any Interest Date or redemption date on which a deficiency exists which cannot be cured by moneys in any other fund or account held pursuant to this Resolution and available for such purpose. The issuer providing such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall be either (a) an insurer whose municipal bond insurance policies insuring the payment, when due, or the principal of and interest on municipal bond issues results in such issues being rated in one of the two highest rating categories (without regard to gradations, such as "plus" or "minus" 38 16F3 of such categories) by two of the Rating Agencies, or (b) a commercial bank, insurance company or other financial institution which has been assigned a rating by two of the Rating Agencies in one of the two highest rating categories (without regard to gradations, such as "plus" or "minus" of such categories). Any Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall equally secure all Bonds except to the extent a Series of Bonds is secured by a subaccount in the Reserve Account which is pledged solely for the payment of such Series of Bonds as provided in the last paragraph of this Section 4.05(A)(4). If two days prior to an interest or principal payment date, or such other period of time as shall be required by the terms of the Reserve Account Insurance Policy or Reserve Account Letter of Credit, the Issuer shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the terms hereof interest and/or principal due on the Bonds on such date, the Issuer shall immediately notify (a) the issuer of the applicable Reserve Account Insurance Policy and/or the issuer of the Reserve Account Letter of Credit and submit a demand for payment pursuant to the provisions of such Reserve Account Insurance Policy and/or the Reserve Account Letter of Credit, (b) the Paying Agent, and (c) the Insurer, if any, of the amount of such deficiency and the date on which such payment is due. In the event the Reserve Account contains both a Reserve Account Insurance Policy or Reserve Account Letter of Credit and cash and separate subaccounts have not been established in the Reserve Account, the cash shall be drawn down completely prior to any draw on the Reserve Account Insurance Policy or Reserve Account Letter of Credit. In the event more than one Reserve Account Insurance Policy or Reserve Account Letter of Credit is on deposit in the Reserve Account, amounts required to be drawn thereon shall be done on a pro-rata basis. The Issuer agrees to pay all amounts owing in regard to any Reserve Account Insurance Policy or Reserve Account Letter of Credit from the Pledged Funds. Pledged Funds shall be applied in accordance with this Section 4.05(A)(4), first, to reimburse the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit for amounts advanced under such instruments, second, replenish any cash deficiencies in the Reserve Account, and, third, to pay the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit interest on amounts advanced under such instruments. This Resolution shall not be discharged or defeased while any obligations are owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of Credit on deposit in the Reserve Account. The Issuer agrees not to optionally redeem Bonds unless all amounts owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of Credit on deposit in the Reserve Account have been paid in full. The Issuermay evidence its obligation to reimburse the issuer ofanyReserve Account Letter of Credit or Reserve Account Insurance Policy by executing and delivering to such 39 16F3 issuer a promissory note therefor; provided, however, any such note (a) shall not be a general obligation of the Issuer the payment of which is secured by the full faith and credit or taxing power of the Issuer, and (b) shall be payable solely from the Pledged Funds in the manner provided herein. Any consent or approval of any Insurer described in this Section 4.05(A)(4) shall be required only so long as there are Outstanding Bonds secured by a Bond Insurance Policy issued by such Insurer which is in full force and effect and the commitments of which have been honored by such Insurer. The term "Paying Agent" as used in this Section 4.05(A)(4) may include one or more Paying Agents for the Outstanding Bonds. Whenever the amount of cash in the Reserve Account, together with the other amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. The Issuer may also establish a separate subaccount in the Reserve Account for any Series of Bonds and provide a pledge of such subaccount to the payment of such Series of Bonds apart from the pledge provided herein. To the extent a Series of Bonds is secured separately by a subaccount of the Reserve Account, the Holders of such Bonds shall not be secured by any other moneys in the Reserve Account. Moneys in a separate subaccount of the Reserve Account shall be maintained at the Reserve Account Requirement applicable to such Series of Bonds secured by the subaccount; provided the Supplemental Resolution authorizing such Series of Bonds may establish the Reserve Account Requirement relating to such separate subaccount of the Reserve Account at such level as the Issuer deems appropriate. Moneys shall be deposited in the separate subaccounts in the Reserve Account on a pro-rata basis. In the event the Issuer shall maintain a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys in such subaccount, the moneys shall be used prior to making any disbursements under such Reserve Account Insurance Policy or Reserve Account Letter of Credit. (5) Unrestricted Revenue Account. The balance of any moneys after the deposits required by Sections 4.05(A)(1) through 4.05(A)(4) hereof may be transferred, at the discretion of the Issuer, to the Unrestricted Revenue Account or any other appropriate fund or account of the Issuer and may be used for any lawful purpose. (B) Whenever moneys on deposit in the Debt Service Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Debt Service Fund need 40 16F3 be made. If on any payment date the Gas Tax Revenues are insufficient to deposit the required amount in any of the funds or accounts or for any of the purposes provided above, the deficiency shall be made up on the subsequent payment dates. The Issuer, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the Issuer's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. (C) In the event the Issuer shall issue a Series of Bonds secured by a Credit Facility, the Issuer may establish separate subaccounts in the Interest Account, the Principal Account and the Bond Amortization Account to provide for payment of the principal of and interest on such Series; provided payment from the Pledged Funds of one Series of Bonds shall not have preference over payment of any other Series of Bonds. The Issuer may also deposit moneys in such subaccounts at such other times and in such other amounts from those provided in Section 4.05(A) as shall be necessary to pay the principal of and interest on such Bonds as the same shallbecome due, all as provided by the Supplemental Resolution authorizing such Bonds. In the case of Bonds secured by a Credit Facility, amounts on deposit in the Debt Service Fund may be applied as provided in the applicable Supplemental Resolution to reimburse the Credit Bank for amounts drawn under such Credit Facility to pay the principal of, premium, if any, and interest on such Bonds or to pay the purchase price of any such Bonds which are tendered by the holders thereof for payment; provided such Credit Facility shall have no priority over Bondholders or an Insurer to amounts on deposit in the Debt Service Fund. Other payments due to a Credit Bank in relation to obligations arising under its Credit Facility may be on parity with the Bonds as to source of and security for payment to the extent provided in the Supplemental Resolution relating thereto. SECTION 4.06. REBATE FUND. Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. For any Series of Bonds for which the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to such Series of Bonds, including, but not limited to: (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; 41 (B) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 4.06 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder, Credit Bank or Insurer from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.07. INVESTMENTS. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Construction Fund, the Restricted Revenue Account and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than ten years from the date of investment. All investments shall be valued at cost; provided, that the amounts on deposit in the Reserve Account shall be valued at the market price thereof. Investments in the Reserve Account shall be valued by the Issuer on an amount basis of March 1 of each year. Any and all income received by the Issuer from the investment of moneys in each account of the Construction Fund, the Interest Account, the Restricted Revenue Account and the Reserve Account (to the extent such income and the other amounts in the Reserve Account does not exceed the Reserve Account Requirement applicable thereto), shall be retained in such respective Fund or Account. Any and all income received by the Issuer from the investment of moneys in the Reserve Account (only to the extent such income and other amounts in the Reserve Account exceeds the Reserve Account Requirement), the Principal Account and the Bond Amortization Account shall be deposited in the Interest Account. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. 42 SECTION 4.08. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds, accounts and subaccounts established herein may be deposited in a single, non- exclusive bank account, and funds allocated to the various funds, accounts and subaccounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as herein provided. The designation and establishment of the various funds, accounts and subaccounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. 43 16F} ARTICLE V SUBORDINATED INDEBTEDNESS, ADDITIONAL BONDS, AND COVENANTS OF ISSUER SECTION 5.01. SUBORDINATED INDEBTEDNESS. The Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Issuer may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of such Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Issuer shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to Section 5.02 hereof. The Issuer agrees to pay promptly any Subordinated Indebtedness as the same shall become due. SECTION 5.02. ISSUANCE OF ADDITIONAL BONDS. No Additional Bonds, payable on a parity with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for any one or more of the following purposes: (i) financing the Cost of a Project, or the completion thereof, or (ii) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the Issuer. No such Additional Bonds shall be issued unless the following conditions are complied with: (A) Except as otherwise provided in Section 5.02(G) hereof, there shall have been obtained and filed with the Issuer a statement of an Authorized Issuer Officer: (1) stating that the books and records of the Issuer relating to the Gas Tax Revenues and Investment Earnings have been examined by him; (2) setting forth the amount of the Gas Tax Revenues and Investments Earnings which have been received by the Issuer during any 12 consecutive months designated by the Issuer within the 24 months immediately preceding the date of delivery of such Additional Bonds with respect to which such statement is made; and (3) stating that the amount of the Gas Tax Revenues and Investment Earnings received during the aforementioned 12 month period equals at least 1.35 times the Maximum Annual Debt 44 16F , Service on all Bonds then Outstanding and such Additional Bonds with respect to which such statement is made. (B) In the event the Issuer, by Supplemental Resolution, extends the pledge of the Gas Tax Revenues created pursuant to this Resolution to include additional gas tax and such additional gas tax was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to take into account the additional amount of Gas Tax Revenues such additional gas tax would have generated if it had been in effect for the entire 12 consecutive month period; provided, however, that such adjustment shall only be made if the additional gas tax is in effect on the date the statement of the Authorized Issuer Officer referred to in Section 5.02(A) hereof is made and such additional gas tax will remain in effect at least until the final maturity of the Bonds Outstanding at the time of issuance of the Additional Bonds. (C) In the event the Issuer shall enter into any agreement relating to, or any amendment of, the Interlocal Agreements adjusting the Issuer's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the applicable 12 consecutive month period described in Section 5.02(A) hereof, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 5.02(A) hereof, the Authorized Issuer Officer shall adjust the amount of Gas Tax Revenues which were received during the applicable 12 consecutive month period to reflect the amount of Gas Tax Revenues the Issuer would have received over such 12 consecutive month period had the Issuer's share of Gas Tax Revenues been distributed based on its new proportionate share. (D) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (E) For the purpose of determining the Debt Service under this Section 5.02, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (1) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the highest average interest rate borne by such Variable Rate Bonds for any 30-day period, or (2) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. 45 16F.3 (F) Additional Bonds shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and all other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and securing of the Holders of all Bonds issued pursuant to this Resolution. Except as provided in Sections 4.02 and 4.05 hereof, all Bonds regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (G) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of this Section 5.02 hereof shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of aggregate debt service. The conditions of Section 5.02(A) hereof shall apply to Additional Bonds issued to refund Subordinated Indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of this paragraph. (H) So long as any Outstanding Bonds are insured by Ambac Assurance Corporation, the Issuer will not issue any Variable Rate Bonds without the written consent of Ambac Assurance Corporation. SECTION 5.03. BOND ANTICIPATION NOTES. The Issuermayissue notes in anticipation of the issuance of Bonds which shall have such terms and details and be secured in such manner, not inconsistent with this Resolution, as shall be provided by resolution of the Issuer. SECTION 5.04. ACCESSION OF SUBORDINATED INDEBTEDNESS TO PARITY STATUS WITH BONDS. The Issuer may provide for the accession of Subordinated Indebtedness to the status of complete parity with the Bonds, if (A) the Issuer shall meet all the requirements imposed upon the issuance of Additional Bonds by Section 5.02 hereof, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds, and (B) the Reserve Account, upon such accession, shall contain an amount equal to the Reserve Account Requirement in accordance with Section 4.05(A)(4)hereof. If the aforementioned conditions are satisfied, the Subordinated Indebtedness shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in this Resolution. SECTION 5.05. BOOKS AND RECORDS. The Issuer will keep books and records of the receipt of the Gas Tax Revenues in accordance with generally accepted accounting principles, and any Credit Bank, Insurer, or Holder or Holders of Bonds shall 46 have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. SECTION 5.06. ANNUAL AUDIT. The Issuer shall, immediately after the close of each Fiscal Year, cause the financial statements of the Issuer to be properly audited by a recognized independent certified public accountant or recognized independent firm of certified public accountants, and shall require such accountants to complete their report on the annual financial statements in accordance with applicable law. The annual financial statement shall be prepared in conformity with generally accepted accounting principles consistently applied. A copy of the audited financial statements for each Fiscal Year shall be furnished to each Credit Bank or Insurer. The Issuer shall be permitted to make a reasonable charge for furnishing such audited financial statements. SECTION 5.07. NO IMPAIRMENT. The pledging of the Pledged Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Governing Body, except as otherwise provided herein. SECTION 5.08. COLLECTION OF GAS TAX REVENUES. The Issuer covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Gas Tax Revenues which are required by the Act. The Issuer will proceed diligently to perform legally and effectively all steps required on its part in the levy and collection of Gas Tax Revenues and shall exercise all legally available remedies to enforce such collections now or hereafter available under State law. SECTION 5.09. COVENANTS WITH CREDIT BANKS AND INSURERS. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Insurer, Credit Bank or other financial institution that shall agree to insure or to provide for Bonds of any one or more Series credit or liquidity support that shall enhance the security or the value of such Bonds. Such covenants may be set forth in the applicable Supplemental Resolution and shall be binding on the Issuer, the Registrar, the Paying Agent and all the Holders of Bonds the same as if such covenants were set forth in full in this Resolution, provided such covenants shall not diminish the security for any of the Bonds Outstanding. SECTIONS.10. FEDERAL INCOME TAX COVENANTS; TAXABLE BONDS. The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds), that it shall not use the proceeds of such Series ofB onds in any manner which would cause the interest on such Series of Bonds to be or become includable in gross income for purposes of federal income taxation. 47 16F3 The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that neither the Issuer nor any Person under its control or direction will make any use of the proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series of Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on such Series of Bonds to become includable in gross income for purposes of federal income taxation. The Issuer hereby covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. The Issuer may, if it so elects, issue one or more Series of Taxable Bonds the interest on which is (or may be) includable in the gross income of the Holder thereof for federal income taxation purposes, so long as each Bond of such Series states in the body thereof that interest payable thereon is (or may be) subject to federal income taxation and provided that the issuance thereof will not cause the interest on any other Bonds theretofore issued hereunder to be or become subject to federal income taxation. The covenants set forth in this Section 5.10 shall not apply to any Taxable Bonds. 48 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of Amortization Installment, redemption premium or interest on any Bond when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer 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 enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be performed, and such default shall continue for a period of 90 days after written notice of such default shall have been received from the Holders of not less than 25% of the aggregate principal amount of Bonds Outstanding. Notwithstanding the foregoing, the Issuer shall not be deemed to be in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes appropriate curative action and diligently pursue s such action until default has been corrected; provided, however, no such curative action shall exceed 90 days without the prior written consent of the Insurers. SECTION 6.02. REMEDIES. Any Holder of Bonds issued under the provisions of this Resolution or any trustee or receiver acting for such Bondholders 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 Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof; provided, however, that no Holder, trustee or receiver shall 49 16F3 have the right to declare the Bonds immediately due and payable without the consent of any affected Insurers. The Holder or Holders of Bonds in an aggregate principal amount of not less than 25% of the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than 25% in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of such appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the Holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or any Insurer insuring any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to the trustee, to direct the method and place of conducting all remedial proceedings to be taken by the trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the right to decline to follow any such direction which in the opinion of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred upon or reserved to the Bondholders 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. SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by Section 6.02 to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. No Event of Default 50 may be waived without the consent of each Insurer, which has honored all its obligations under its Bond Insurance Policy. SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver appointed for the purpose shall apply all Pledged Funds (except as for amounts in the subaccounts, if any, of the Reserve Account which shall be applied to the payment of the Series of Bonds for which they were established) as follows and in the following order: A. To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and B. To the payment of the interest and principal or Redemption Price, if applicable, then due on the Bonds (provided such payments are made in accordance with applicable law), as follows; (1) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 8.01 of this Resolution), in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the Redemption Price of any Bonds called for optional redemption pursuant to the provisions of this Resolution. 51 16F3 (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. above. To the payment of all amounts owed to the Insurers not covered by A or B SECTION 6.07. CONTROL BY INSURER. To the extent an Insurer makes any payment of principal of or interest on Bonds in accordance with its Bond Insurance Policy, such Insurer shall become subrogated to the rights of the recipients of such payments in accordance with the terms of its Bond Insurance Policy. Upon the occurrence and continuance of an Event of Default, an Insurer of a Series of Bonds, if such Insurer shall not be in payment default under its Bond Insurance Policy, shall be deemed to be the sole owner of such Bonds for purposes of(A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, including any waiver of an Event of Default and removal of any trustee, and (B) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of such Bonds are entitled to take pursuant to this Article VI hereof. No provision expressly recognizing or granting rights in or to an Insurer shall be modified without the consent of such Insurer. An Insurer's rights under this Section 6.07 shall be suspended during any period in which such Insurer is in default in its payment obligations under its Bond Insurance Policy (except to the extent of amounts previously paid by such Insurer and due and owing to such Insurer) and shall be of no force or effect if its Bond Insurance Policy is no longer in effect or if the Insurer asserts that its Bond Insurance Policy is not in effect or if the Insurer waives such rights in writing. The rights granted to an Insurer under this Section 6.07 are granted in consideration of such Insurer issuing its Bond Insurance Policy. The Issuer shall provide each Insurer immediate notice of any Event of Default described in Section 6.01 (A) hereof and notice of any other Event of Default occurring hereunder within five days of the occurrence thereof. Each Insurer of any Bonds hereunder shall be considered a third-party beneficiary to the Resolution with respect to such Bonds. 52 16F3 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure inconsistent provisions hereunder. any ambiguity or formal defect or omission or to correct any in this Resolution or to clarify any matters or questions arising (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions o fthis Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine the matters and things referred to in Sections 2.01, 2.02 or 2.09 hereof, including the issuance of Additional Bonds, and also any other matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or determination at any time prior to the first delivery of such Bonds. (F) To authorize Additional Projects or to change or modify the description of the Initial Project or any Additional Project. (G) To specify and determine matters necessary or desirable for the issuance of Capital Appreciation Bonds or Variable Rate Bonds. 53 16F (H) To provide for the establishment of a separate subaccount or subaccounts in the Reserve Account which shall independently secure one or more Series of Bonds issued hereunder. (I) To revise the procedures provided in Section 4.05(A)(4) hereof pursuant to which moneys are drawn on a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys are reimbursed to the provider of such Policy or Letter of Credit. (J) To add additional gas taxes to Gas Tax Revenues. (K) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. In making such determination, the Issuer shall not take into consideration any Bond Insurance Policy. SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT. Subject to the terms and provisions contained in this Section 7.02 and Section 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to the contrary notwithstanding, to consent to and approve the adoption of such Supplemental Resolutions hereto as shall be deemed necessary or desirable by the Issuer for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any specified Series or maturity remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also require the written consent of the Insurer of any Bonds which are Outstanding at the time such Supplemental Resolution shall take effect. No Supplemental Resolution may be approved or adopted which shall permit or require, without the consent of all affected Bondholders, (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or the Redemption Price or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Pledged Funds other than the lien and pledge created by this Resolution or except as otherwise permitted or provided hereby which materially adversely affects any Bondholders, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds (except as to the establishment of separate subaccounts in the Reserve Account provided in Section 4.05(A)(4) hereof), or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. Nothing herein 54 16F3 contained, however, shall be construed as making necessary the approval by Bondholders or the Insurer of the adoption of any Supplemental Resolution as authorized in Section 7.01 hereof. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. 55 16F3 SECTION 7.03. AMENDMENT WITH CONSENT OF INSURER ONLY. For purposes of amending this Resolution pursuant to Section 7.02 hereof, an Insurer of Bonds shall be considered the Holder of such Bonds which it has insured, provided such Bonds, at the time of the adoption o£the amendment, shall be rated by the Rating Agencies which shall have rated such Bonds at the time such Bonds were insured no lower than the ratings assigned thereto by such Rating Agencies on such date of being insured. The consent of the Holders of such Bonds shall not be required if the Insurer of such Bonds shall consent to the amendment as provided by this Section 7.03. At least 15 days prior to adoption of any amendment made pursuant to this Section 7.03, notice of such amendment shall be delivered to the Rating Agencies rating the Bonds. Upon filing with the Clerk of evidence o£ such consent the Insurer or Insurers as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notices of an amendment under Section 7.02 hereof. 56 16F3 ARTICLE VIII MISCELLANEOUS SECTION 8.01. DEFEASANCE. If the Issuer shall pay or cause to be paid or there shall otherwise be paid to the Holders of any Series of Bonds the principal or Redemption Price, if applicable, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, and the Issuer shall pay all amounts owing to any issuer of a Reserve Account Letter of Credit or Reserve Account Insurance Policy and all amounts owing to any Insurer, then the pledge of the Pledged Funds, and all covenants, agreements and other obligations of the Issuer to the holders of such Bonds, shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto, whether at or prior to the maturity or redemption date of such Bonds, shall be deemed to have been paid within the meaning of this Section 8.01 if(A) in case any such Bonds are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to call such Bonds for redemption and notice of such redemption shall have been duly given or provision shall have been made for the giving of such notice, and (B) there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or Refunding Securities verified by an independent certified public accountant to be in such amount that the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with such banking institution or trust company at the same time shall be sufficient, to pay the principal of or Redemption Price, if applicable, and interest due and to become due on said Bonds on and prior to the redemption date or maturity date thereof, as the case may be. Except as hereafter provided, neither the Refunding Securities nor any moneys so deposited with such banking institution or trust company nor any moneys received by such bank or trust company on account of principal of or Redemption Price, if applicable, or interest on said Refunding Securities shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of or Redemption Price, if applicable, of the Bonds for the payment or redemption of which they were deposited and the interest accruing thereon to the date of maturity or redemption; provided, however, the Issuer may substitute new Refunding Securities and moneys for the deposited Refunding Securities and moneys if the new 57 16F3 Refunding Securities and moneys are sufficient to pay the principal of or Redemption Price, if applicable, and interest on the refunded Bonds. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Refunding Securities and moneys, if any, in accordance with this Section 8.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any period, the total amount of moneys and specified Refunding Securities on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfy this Section 8.01, such excess shall be paid to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. In the event the Bonds for which moneys are to be deposited for the payment thereof in accordance with this Section 8.01 are not by their terms subject to redemption within the next succeeding 60 days, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Refunding Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of or Redemption Price, if applicable, and interest on said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 8.01. Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. In the event that the principal of or Redemption Price, if applicable, and interest due on the Bonds shall be paid by an Insurer or Insurers, such Bonds shall remain Outstanding, shall not be defeased and shall not be considered paid by the Issuer, and the pledge of the Pledged Funds and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and such Insurer or Insurers shall be subrogated to the rights of such Bondholders. 58 16F3 SECTION 8.02. CAPITAL APPiRECIATION BONDS. For the purposes of (A) receiving payment of the Redemption Price ifa Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 8.03. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. SECTION 8.04. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 8.05. VALIDATION AUTHORIZED. To the extent deemed necessary by Bond Counsel or desirable by the County Attorney, Bond Counsel is authorized to institute appropriate proceedings for validation of the Bonds herein authorized pursuant to Chapter 75, Florida Statutes. SECTION8.06. REPEAL OF INCONSISTENT RESOLUTIONS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. Resolution No. 2003-82 adopted on February 11, 2003 is hereby repealed. Resolution No. 2003-83 which supplemented Resolution No. 2003-82 is in full force and effect and is hereby reaffirmed. Such Resolution No. 2003-83 shall supplement this Resolution. All references in Resolution No. 2003-83 to "Resolution" shall be to this Resolution. Exhibit A to this Resolution shall be the same as Exhibit A to Resolution No. 2003-82. 59 16F} SECTION 8.07. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect DULY ADOPTED, in Regular Session this 25th day of February, 2003. Clerk It~st as ~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman 60 16F3 EXHIBIT A DESCRIPTION OF INITIAL PROJECT A-1 Collier County, Florida Road Project List 16F3 Collier Blvd (Davis to US41) Goodlette Frk (PRR-GGPKWY) Immokalee Rd, CR951/43rd Ave NE GG PKWY, 6 lane Airport/Santa Bar East/West Livingston Rd, US41/Livingston Livingston Rd, GGP/PRR County Barn Road Pine Ridge Road Goodlette Rd, 4 lane PRR/Vanderbilt Imm Rd/Oil Well to SR29 Logan Blvd PRR-Immk Livingston RdExtension VBR (Collier-Wilson Blvd Rattlesnake Polly to CR95 l Advanced ROW Major Reconstmction/Resurfacing North 1 l th Street Livingston Rd, PPR/Imm (CR 862 to CR 896) Santa Barbara, 6 lane Davis/PRR GG Blvd, 4 lane CR951/Wilson Blvd Vanderbilt Bch, 4 lane Airport/CR951 Radio Rd, 4 lane Santa Bar/SR84 Radio Rd, 6 laning, Airport/Livingston Radio Rd, 6 laning, Livingston/Santa Barbara NN MSTU Rd (Livingston Rd, Imm - Lee Co line) CR951,4 lane GGB/Imm Rd Immokalee Rd, 6 lane US41/I-75 13 Street Improvements Immokalee Rd 75-CR951 Airport Rd/Enterprise Ave Inter. Impr. Collector/Minor Arterial Rds Santa BB Davis-Rattlesnake Goodlette Frk VBR - Immk Vanderbilt Drive Wigg-BBR Green Blvd Ext Liv-SBB Collier Blvd GBB-Green Green Blvd Sunshine - SBB SR Davis 84 Intersection Pine Ridge Rd Logan-Collier Wilson Blvd-Immk~GGB Golden Gate Blvd Wilson-Everglades Collier Blvd - Davis-GGPKWY GGPKWY US41-Goodlette $102,125,000 COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 PURCHASE CONTRACT 16F February 28, 2003 Board of County Commissioners of Collier County, Florida 3301 Tamiami Trail East Naples, Florida 33941-3044 Ladies and Gentlemen: The undersigned, Morgan Stanley & Co. Incorporated (the "Senior Managing Underwriter"), on behalf of itself, A.G. Edwards & Sons, Inc. and Raymond James & Associates, Inc. (collectively, the "Underwriters"), offers to enter into this Purchase Contract with the Board of County Commissioners of Collier County, Florida (the "Issuer" or the "County"), subject to written acceptance hereof by the Issuer at or before 5:00 p.m., New York time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Senior Managing Underwriter upon notice delivered to the Issuer at any time prior to the acceptance hereof by the Issuer. All capitalized undefined terms in this Purchase Contract shall have the meaning ascribed to them in the hereinafter defined Resolution. 1. Purchase and Sale. Upon the terms and conditions and in reliance on the representations, warranties, covenants and agreements set forth herein, the Underwriters, jointly and severally, hereby agree to purchase from the Issuer, and the Issuer hereby agrees to sell and deliver to the Underwriters, all (but not less than all) of the $102,125,000 aggregate principal amount of the Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds"). The Series 2003 Bonds shall be dated as of the date of their delivery, and shall be payable in the years and principal amounts, bear such rates of interest, be subject to redemption, and shall have such costs of issuance, all as set forth in Exhibit A attached hereto. Interest on the Series 2003 Bonds is payable semi-annually on June I and December I of each year commencing June 1, 2003. The purchase price for the Series 2003 Bonds shall be $106,368,573.94 (representing the par amount of the Series 2003 Bonds of $102,125,000, plus a net original issue premiumof $4,703,130.05 and less an Underwriters' discount of $459,556.11). The disclosure statement required by Section 218.385, Florida Statutes, is attached hereto as Exhibit B. Pursuant to Resolution No. 2003-89 adopted by the Board of County Commissioners of the County (the "Board") on February 25, 2003, as supplemented (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues, and distributed to the County under the Act and certain other amounts as described in the Resolution (collectively, the "Pledged Funds"). Capitalized undefined terms shall have the meaning ascribed thereto in the Resolution. Additionally, payment of the principal of and interest on the Series 2003 Bonds, when due, will be insured by a financial guaranty insurance policy issued by Ambac Assurance Corporation (the "Insurer") simultaneously with the delivery of the Series 2003 Bonds, and the Insurer will issue a Reserve Account Insurance Policy to be deposited in the Reserve Account. 16F3 The Series 2003 Bonds are being issued for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County as more specifically described in the plans and specifications on file or to be on file with the County, with such changes, deletions, additions or modifications to the enumerated improvements, equipment and facilities, or such other improvements, as approved by the Board of County Commissioners of the County in accordance with the Act (collectively, the "Initial Project"), and (ii) · ' refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995 (the "Prior Bonds""), as further described herein, (iii) fund a deposit into the Reserve Account, and (iv) pay certain costs of issuance of the Series 2003 Bonds, including the municipal bond insurance premium and the Reserve Account Insurance Policy premium. 2. Delivery of Official Statement and Other Documents. (a) Prior to the date hereof, the Issuer has provided to the Underwriters for their review the Preliminary Official Statement dated February 14, 2003 that the Issuer deemed "final" (as defined in Rule 15c2-12 of the Securities and Exchange Commission ("Rule 15c2-12" or the "Rule") as of its date (the "Preliminary Official Statement"), except for certain permitted omissions (the "Permitted Omissions"), as contemplated by the Rule in connection with the pricing of the Series 2003 Bonds. The Underwriters have reviewed the Preliminary Official Statement prior to the execution of this Purchase Contract. The Issuer hereby confirms that the Preliminary Official Statement was "final" (as defined in the Rule) as of its date, except for the permitted Omissions. (b) The Issuer shall deliver, or cause to be delivered, at its expense, to the Underwriters within seven (7) business days after the date hereof or within such shorter period as may be requested by the Underwriters, and at least three (3) business days prior to the date the Series 2003 Bonds are delivered to the Underwriters, or within such other period as may be prescribed by the Municipal Securities Rulemaking Board CMSRB") in order to accompany any confirmation that requests payment from any customer (i) sufficient copies of the final Official Statement (the "Official Statement") to enable the Underwriters to fulfill their obligations pursuant to the securities laws of Florida and the United States, in form and substance satisfactory to the Underwriters, and (ii) an executed original counterpart or certified copy of the Official Statement and the Resolution. In determining whether the number of copies to be delivered by the Issuer are reasonably necessary, at a minimum, the number shall be sufficient to enable the Underwriters to comply with the requirements of Rule 15c2-12, all applicable rules of the MSRB, and to fulfill its duties and responsibilities under Florida and federal securities, laws generally. The Underwriters agree to file the Official Statement with at least one Nationally Recognized Municipal Securities Information Repository ("NRMSIR") which has been so designated by the Securities and Exchange Commission pursuant to Rule 15c2-12 and with the MSRB (accompanied by a completed Form G-36) not later than two (2) business days after March 13, 2003 (the "Closing"), and will furnish a list of the names and addresses of each such NRMSIR receiving a copy to the Issuer. The filing of the Official Statement with each such NRMSIR shall be in accordance with the terms and conditions applicable to such NRMSIR. The Issuer authorizes, or ratifies as the case may be, the use and distribution of the Preliminary Official Statetaent and the Official Statement in connection with the public offering and sale of the Series. 2003 Bonds. The Underwriters agree that they will not confirm the sale of any Series 2003 Bonds unIess the confirmation of sale requesting 16F3 payment is accompanied or preceded by the delivery of a copy of the Official Statement. The Senior Managing Underwriter shall notify the Issuer of the occurrence of the "end of the underwriting period," as such term is defined in the Rule, on the date which is one day thereafter, and of the passage of the date after which the Underwriters no longer remain obligated to deliver Official Statements pursuant to paragraph Co)(4) of the Rule on the date which is one day thereafter. (c) From the date hereof until the earlier of (i) ninety days from the "end of the underwriting period" (as defined in the Rule), or (ii) the time when the Official Statement is available to any person from a NRMSIR (but in no case less than 25 days following the end of the underwriting period), if any event occurs which may make it necessary to amend or supplement the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Issuer shall notify the Senior Managing Underwriter and if, in the reasonable opinion of the Issuer or the reasonable opinion of the Senior Managing Underwriter, such event requires the preparation and publication of an amendment or supplement to the Official Statement, the Issuer, at its expense, promptly will prepare an appropriate amendment or supplement thereto (and file or cause to be filed, the same with each NRMSIR having the Official Statement on file, with the MSRB if the MSRB is requiring or permitting the filing of continuing disclosure information, and mail such amendment or supplement to each record owner of Series 2003 Bonds) so that the statements in the Official Statement as so amended or supplemented will not, in light of the circumstances under which they were made, be misleading, in a form and in a manner reasonably approved by the Senior Managing Underwriter. The Issuer will promptly notify the Senior Managing Underwriter of the occurrence of any event of which it has knowle, dge, which, in its opinion, is an event described in the preceding sentence. The amendments or supplements that may be authorized for use with respect to the Series 2003 Bonds are hereinafter included within the term "Official Statement." 3. Authority of the Senior Managing Underwriter. The Senior Managing Underwriter has been duly authorized to execute this Purchase Contract and has been duly authorized to act hereunder by and on behalf of the other Underwriters. 4. Public Offering. The Underwriters agree to make a bona fide offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) of all of the Series 2003 Bonds at not in excess of the initial public offering price or prices (or not below the yields) set forth on the cover page of the Official Statement. If such public offering does not result in the sale of all the Series 2003 Bonds, the Underwriters may offer and sell the Series 2003 Bonds to certain bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers at prices lower than the public offering prices set forth on the cover page of the Official Statement. The Senior Managing Underwriter does hereby certify that at the time of the execution of this Purchase Contract, based upon prevailing market conditions, it does not have any reason to believe that any of the Series 2003 Bonds will be initially sold to the public (excluding such bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices in excess of the prices, or yields below the yields, set forth on the cover page of the Official Statement. At the Closing, the Senior Managing Underwriter shall deliver to the Issuer a certificate, on behalf of the Underwriters, in a form reasonably acceptable to Bond Counsel, to the effect that (~) all of the Series 2003 Bonds have been the subject of an initial offering to the public as herein provided, and (ii) not less than 10% of each maturity of the Series 2003 Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at initial offering prices not greater than the respective prices, or yields not below the respective yields, shown on the cover page of the Official Statement, and as to such ]6F3 other matters required in order to enable Bond Counsel to render its opinion as to the exclusion from gross income for federal income tax purposes of interest on the Series 2003 Bonds. The Issuer hereby authorizes the Underwriters to use the forms or copies of the Resolution and the Official Statement and the information contained therein in connection with the public offering and sale of the Series 2003 Bonds and ratifies and confirms its authorization of the distribution and use by the Underwriters prior to the date hereof of the Preliminary Official Statement in connection with such public offering and sale. 5. Security Deposit. The Senior Managing Underwriter has delivered herewith to the Issuer a check for $1,044,850 (One Million Forty-Four Thousand Eight Hundred and Fifty Dollars) (which sum represents not less than 1% of the purchase price of the Series 2003 Bonds) payable to the order of the Issuer. In the event that the Issuer does not accept this offer, such check shall be immediately returned to the Senior Managing Underwriter. If the offer made hereby is accepted, the Issuer agrees to hold this check uncashed until the Closing as security for the performance by the Underwriters of their obligation to accept and pay for the Series 2003 Bonds at the Closing, and, in the event of their compliance with such obligation, such check shall be returned to the Senior Managing Underwriter at the Closing. In the event of the Issuer's failure to deliver the Series 2003 Bonds at the Closing, or if the Issuer shall be unable to satisfy the conditions of Closing contained herein, or if the obligations of the Underwriters shall be terminated for any reason permitted by this Purchase Contract (other than resulting from a failure to deliver the certificate required by Paragraph 4 hereof), such check shall be immediately returned to the Senior Managing Underwriter and such return shall constitute a full release and discharge of all claims by the Underwriters arising out of the transactions contemplated hereby. In the event that the Underwriters fail (other than for a reason permitted hereunder) to accept and pay for the Series 2003 Bonds at the Closing (as hereinafter defined), or if this Purchase Contract is terminated because of the failure of the Underwriters to deliver the certificate required by Paragraph 4 hereof, such check shall be retained by the Issuer as and for full liquidated damages for such failure and for any defaults hereunder on the part of the Underwriters and such retention shall constitute a full release and discharge of all claims by the Issuer against the Underwriters arising out of the transactions contemplated hereby. 6. Issuer Representations, Warranties, Covenants and Agreements. The Issuer represents and warrants to and covenants and agrees with each of the Underwriters that, as of the date hereof and as of the date of the Closing: (a) The Issuer is a political subdivision of the State of Florida (the "State"), duly organized and validly existing pursuant to the Constitution and laws of the State and is authorized and empowered by law to issue, sell and deliver the Series 2003 Bonds to the Underwriters as described herein; to provide funds to (i) finance the costs of acquisition, construction, and reconstruction of the Initial Project, (ii) refund, on a current basis, all of the Prior Bonds, and (iii) pay certain costs of issuance of the Series 2003 Bonds, including the financial guaranty insurance premium and the Reserve Account Insurance Policy premium; to accept this Purchase Contract; to adopt the Resolution; to enact the Ordinance; to execute the Interlocal Agreements; to execute the Continuing Disclosure Certificate dated the date of delivery of the Series 2003 Bonds (or-such other date as determined by the Issuer) (the "Continuing Disclosure Certificate"), the Guaranty Agreement dated the date of delivery of the Series 2003 Bonds (or such other date as determined by the Issuer) between the Issuer and the Insurer (the "Reserve Account Insurance Policy Agreement"), the Escrow Deposit Agreement dated the date of delivery of the Series 2003 Bonds (or such other date as determined by the Issuer) between the Issuer and Fifth Third Bank, Cincinnati, Ohio, as Escrow Agent thereunder (the "Escrow Agreement") and the Official Statement; and to carry out and consummate all other transactions contemplated by the Official Statement and by each of the aforesaid documents, agreements, resolutions and ordinances. 16F3 (b) By official action of the Issuer taken prior to or concurrently with the acceptance hereof, the Issuer has duly adopted the Resolution, duly enacted the Ordinance, the Resolution and the Ordinance are in full force and effect and have not been amended, modified or rescinded; the Issuer has duly authorized and approved the execution and delivery of, and the performance by the Issuer of its obligations contained in the Series 2003 Bonds, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and this Purchase Contract; and the Issuer has duly authorized and approved the performance by the Issuer of its obligations contained in the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate, and the consummation by it of all other transactions contemplated by the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement, and this Purchase Contract to have been performed or consummated at or prior to the date of Closing, and the Issuer is in compliance with the provisions of the Resolution. (c) When delivered to and paid by the Underwriters in accordance with the terms of this Purchase Contract and the Resolution, the Series 2003 Bonds will have been duly and validly authorized, executed, issued and delivered and will constitute legal, valid and binding limited obligations of the Issuer enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency or other laws affecting creditors' rights and remedies and to general principles of equity, and will be entitled to the benefits of the Resolution. (d) The Issuer is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of Florida or the United States, or any agency or department of either, or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or to which the Issuer or any of its properties or other assets is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, in any such case to the extent that the same would have a material and adverse effect upon the business or properties or financial condition of the Issuer; and the execution and delivery of the Series 2003 Bonds, the Continuing Disclosure Certificate, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and this Purchase Contract and the adoption of the Resolution, the enactment of the Ordinance, and compliance with the provisions on the County's part contained in each, will not conflict with or constitute a breach of or default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or to which the County or any of its properties or other assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or the assets of the Issuer under the terms of any such law, regulation or instrument, except as provided or permitted by the. Series 2003 Bonds and the Resolution. (e) The Issuer neither is nor has been in default any time after December 31, 1975, as to principal or interest with respect to an obligation issued by the Issuer, except for certain industrial development bonds, if any, the disclosure of which the Issuer believes in good faith would not be material to a reasonable investor in connection with the Series 2003 Bonds, as provided in Section 517.051, Florida Statutes. 5 16F.3 (0 All approvals, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction which would constitute a condition precedent to or the absence of which would materially adversely affect the financial condition of the Issuer or the due performance by the Issuer of its obligations under this Purchase Contract, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Series 2003 Bonds have been, or prior to the Closing will have been, duly obtained, except for such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Series 2003 Bonds or approvals, consents and orders: (i) described in the Official Statement as not having been obtained, or (ii) not of material significance to the Initial Project or the issuance of the Series 2003 Bonds or customarily granted in due course after application therefor and expected to be obtained without material difficulty or delay. (g) The Series 2003 Bonds, when issued, authenticated and delivered in accordance with the Resolution and sold to the Underwriters as provided herein and in accordance with the provisions of the Resolution, will be legal, valid and binding obligations of the Issuer, enforceable in accordance with their terms and the terms of the Resolution, and the Resolution will provide, for the benefit of the holders from time to time of the Series 2003 Bonds, a legally valid and binding security interest in and to the Pledged Funds, subject to the provisions of the Resolution permitting the application thereof for the purposes and on the terms and conditions set forth therein. (h) The Preliminary Official Statement was, as of the date thereof, and the Official Statement, at all times subsequent hereto up to and including the date of the Closing will be, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact which is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, any amendments or supplements to the Official Statement prepared and furnished by the Issuer pursuant hereto wi]] not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (i) The County has reviewed the information in the Preliminary Official Statement and in the Official Statement, and although it has undertaken no specific, independent investigation other than reviewing such information and based upon the general knowledge of the Issuer, the Initial Project and the records of the Issuer, no facts have come to the Issuer's attention that would lead the Issuer to believe that the information in the Preliminary Official Statement and in the Official Statement, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (j) The Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, and the Continuing Disclosure Certificate conform in all material respects to the descriptions thereof contained in~ the Preliminary Official Statement and the Official Statement. (k) Except as contemplated by the Preliminary Official Statement and the Official Statement, since September 30, 2001 the Issuer will not have incurred any material liabilities, direct or contingent, or entered into any material transaction, in each case other than in the ordinary course of its business which has had a material adverse impact on the 16F3 County, and there shall not have been any material adverse change in the condition, financial or otherwise, of the Issuer or its properties or other assets. (1) Except as disclosed in the Preliminary Official Statement and the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity before or by any court, government agency or public board or body, pending or, to the best knowledge of the Issuer, threatened, against or affecting the Issuer or the titles of its officers to their respective offices, or which may affect or which seeks to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2003 Bonds or the collection of the Pledged Funds pledged to pay the principal of and interest on the Series 2003 Bonds, or which seeks to prohibit, restrain or enjoin the acquisition, equipping and/or improvement of the Initial Project, or which in any way contests or affects the validity or enforceability of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, this Purchase Contract, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate, or any of them, or which seeks to prohibit, restrain, or enjoin the acquisition, equipping and/or improvement of the Initial Project, or which may result in any material adverse change in the business, properties, other assets or financial condition of the Issuer or contests the tax-exempt status of the interest on the Series 2003 Bonds as described in the Preliminary Official Statement and the Official Statement, or which contests in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or which contests the power of the Issuer or any authority or proceedings for the issuance, sale or delivery of the Series 2003 Bonds or this Purchase Contract, nor, to the best knowledge of the Issuer, is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity or enforceability of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or this Purchase Contract. (m) The Issuer will furnish such information, execute such instruments and take such other action not inconsistent with law in cooperation with the Underwriters as the Underwriters may reasonably request in order (i) to qualify the Series 2003 Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriters may designate, and/or (ii) to determine the eligibility of the Series 2003 Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Series 2003 Bonds; provided that the Issuer shall not be obligated to take any action that would subject it to the general service of process in any state where it is not now so subject and any expense related to the foregoing shall be borne by the Underwriters. (n) The Issuer will advise the Underwriters promptly of any proposal to amend or supplement the Official Statement and will not effect any such amendment or supplement without the consent of the Underwriters. The Issuer will advise the Underwriters promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise affecting the use of the Preliminary Official Statement or the Official Statement in connection with the offering, sale or distribution of the Series 2003 Bonds. (o) The Issuer has never been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. (p) Other than as disclosed in the Official Statement and the Preliminary Official Statement, the Issuer has never failed to comply with any agreement to provide continuing disclosure information pursuant to the Rule. (q) Relating to outstanding debt of the Issuer, there is not an unfunded materially significant arbitrage rebate liability of the Issuer owing the Internal Revenue Service. (r) The County has the authority to reconstruct, own and operate the Initial Project. acquire, improve, equip, construct, (s) Except as disclosed in the Preliminary Official Statement, the County has never failed to take all action required to be taken by it pursuant to the Act in order to remain eligible to receive the Gas Tax Revenues. 7. The Closing. At 9:00 a.m., New York time, on the date of Closing, or at such other time or date to which the Issuer and the Underwriters may mutually agree, the Issuer will, subject to the terms and conditions hereof, deliver the Series 2003 Bonds in book-entry form to the account of the Underwriters, at the offices of The Depository Trust Company ("DTC") in New York, New York, or such other location as determined by the Underwriters and agreed to by the Issuer, duly executed, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriters will accept such delivery and pay the aggregate purchase price of the Series 2003 Bonds as set forth in Paragraph I hereof in Federal Funds to the Issuer. The Issuer shall cause CUSIP identification numbers to be printed on the Series 2003 Bonds, but neither the failure to print such number on any Series 2003 Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Underwriters to accept delivery of and pay for the Series 2003 Bonds in accordance with the terms of this Purchase Contract. The Closing shall occur at the offices of the Issuer in Naples, Florida, or such other place to which the Issuer and the Underwriters shall have mutually agreed. The Series 2003 Bonds shall be made available to the Underwriters no less than 24 hours before the Closing for purposes of inspecting and packaging. 8. Closing Conditions. The Underwriters have entered into this Purchase Contract in reliance upon the representations, warranties, covenants and agreements of the Issuer contained herein and in reliance upon the representations, warranties, covenants and agreements to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriters' obligations under this Purchase Contract to purchase, to accept delivery of and to pay for the Series 2003 Bonds shall be conditioned upon the performance by the Issuer of its obligations to be performed hereunder, and under such documents and instruments at or prior to the Closing, and shall also be subject to the following additional conditions: (a) The representations, warranties, covenants and agreements of the Issuer contained herein shall be true, complete and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing; Co) At the time of Closing, the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate shall be in full force and effect and shall not have been amended, modified or supplemented since the date hereof, and the Official Statement as delivered to the Underwri'cers on the date hereof shall not have been supplemented or amended, except in any such case as may have been approved by the Underwriters; (c) At the time of the Closing, all official action of the Issuer relating to this Purchase Contract, the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Continuing Disclosure Certificate taken as of the date hereof shall be in full force and effect and shall not have been amended, modified or supplemented, except for amendments, modifications or supplements which have been approved by the Underwriters prior to the Closing; (d) At the time of the Closing, except as contemplated by the Official Statement, there shall have been no material adverse change in the financial condition of the Issuer; (e) At or prior to the Closing, the Underwriters shall have received copies of each of the following documents: (1) An opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer, in substantially the form attached as Appendix E to the Official Statement, relating to the exclusion of the interest on the Series 2003 Bonds from the gross income of the holders thereof for purposes of Federal income taxation and such other matters as the Underwriters may reasonably request, a reliance letter pertaining thereto addressed to the Underwriters, and an opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer and the Underwriters, to the effect that the Prior Bonds have been deemed paid and are no longer outstanding for purposes of the resolution which authorized their issuance; (2) An opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Underwriters, in such form as is mutually and reasonably acceptable to the Issuer, the Underwriters and Bond Counsel, (i) to the effect that the statements contained in the Official Statement under the captions "INTRODUCTION," (other than the information under the subheadings "General," "The County," "Purpose of the Series 2003 Bonds," "Financial Guaranty Insurance Policy," "Continuing Disclosure," and "Additional Information"), "AUTHORITY FOR ISSUANCE," "PLAN OF REFUNDING," "DESCRIPTION OF THE SERIES 2003 BONDS" (other than the information thereunder relating to DTC and its system of book-entry registration), "SECURITY FOR THE BONDS," and "TAX EXEMPTION," insofar as such information purports to summarize portions of the Resolution, the Ordinance, the Series 2003 Bonds, and Federal tax law constitute a fair summary of the information purported to be summarized therein (all such opinions referred to in this clause (i) exclude financial, statistical and demographic information contained in such Official Statement), (ii) to the effect that the Series 2003 Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, and (iii) to the effect that the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended. (3) An opinion, dated the date of the Closing and addressed to the Issuer, the Underwriters, Bond Counsel and Disclosure Counsel of David C. Weigel, Esq., County Attorney, in substantially the form attached hereto as Exhibit C; (4) An opinion, dated the date of the Closing and addressed to the Issuer and the Underwriters, of counsel for the Insurer and]or a certificate of the Insurer, in such form as is inutually and reasonably acceptable to the Issuer and the Underwriters; 16F3 (5) An opinion, dated the date of the Closing and addressed to the Issuer, of Bryant, Miller and Olive, P.A., Tampa, Florida, Disclosure Counsel, in form and substance satisfactory to the Issuer and the Senior Managing Underwriter, and a reliance letter pertaining thereto addressed to the Underwriters; (6) A certificate dated the date of Closing and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Underwriters, and in form and substance satisfactory to the Underwriters, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of his knowledge and belief in all material respects and are complied with as of the date of Closing, and (B) the Chairman or Vice Chairman has no knowledge or reason to believe that the Official Statement as of its date, and as of the date of Closing, other than the information concerning the Insurer and DTC, as to factual matters, contains any untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading, and (C) the Issuer has always maintained eligibility under applicable law to receive the Gas Tax Revenues (as that term is defined in the Resolution). (7) Certified copies of the Resolution and the Ordinance. (8) Executed copies of the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, this Purchase Contract and the Reserve Account Insurance Policy Agreement; (9) A true and correct copy of the Insurer's financial guaranty insurance policy insuring payment of the Series 2003 Bonds and the Reserve Account Insurance Policy; (10) Evidence of a rating from Fitch Ratings ("Fitch") of "AAA," Standard & Poor's, Inc. ("S&P") of "AAA," and Moody's Investors Service ("Moody's") of "Aaa" on the Series 2003 Bonds based on the financial guaranty insurance policy to be issued by the Insurer, and evidence of published underlying ratings of "A+," "A" and "A2" by Fitch, S&P and Moody's, respectively, to the Series 2003 Bonds without regard to the issuance of such a financial guaranty insurance policy; (11) A certificate of KPMG LLP (the "Auditor"),, consenting to the inclusion of the audited financial statements of the County in the Official Statement and covering such other matters as may be reasonably requested by the Issuer and the Underwriters; (12) A certificate of an authorized representative of Fifth Third Bank, Cincinnati, Ohio (the "Bank"), as Registrar, Paying Agent and Escrow Agent, in a form acceptable to the Issuer and the Underwriters; (13) the verification report regarding the defeasance of the Prior Bonds of Causey, Demgen & Moore, Inc., Denver, Colorado; and (14) Such additional legal opinions, certificates, instruments and other documents as the Lrnderwriters may reasonably request. 10 ]6F3 All of the evidence, opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions hereof if, but only if, they are in form and substance satisfactory to the Underwriters with such exceptions and modifications as shall be approved by the Senior Managing Underwriter and as shall not in the opinion of the Senior Managing Underwriter materially impair the investment quality of the Series 2003 Bonds. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Series 2003 Bonds contained in this Purchase Contract, or if the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Series 2003 Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and neither the Underwriters nor the Issuer shall be under any further obligation hereunder, except that the Issuer shall return the good faith check referred to in Paragraph 5 and the respective obligations of the Issuer and the Underwriters set forth in Paragraph 10 hereof shall continue in full force and effect. 9. Termination. The Underwriters may terminate this Purchase Contract, without liability therefor, by notification to the Issuer, if at any time subsequent to the date of this Purchase Contract at or prior to the Closing: (a) Legislation shall be enacted by the Congress of the United States, or a bill introduced (by amendment or otherwise) or favorably reported or passed by either the House of Representatives or the Senate of the Congress of the United States or any committee of the House or Senate, or a conference committee of such House and Senate makes a report (or takes any other action), or a decision by a court of the United States or the Tax Court of the United States shall be rendered, or a ruling, regulation or fiscal action shall be issued or proposed by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency with respect to or having the purpose or effect of changing directly or indirectly the federal income tax consequences of interest on the Series 2003 Bonds in the hands of the holders thereof (including imposition of a not previously existing minimum federal tax which includes tax-exempt interest in the calculation of such tax), which materially adversely affects the market price or the marketability of the Series 2003 Bonds. (b) Any legislation, rule or regulation shall be introduced in, or be enacted by any department or agency in the State, or a decision by any court of competent jurisdiction within the State shall be rendered which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. (c) Any amendment to the Official Statement is proposed by the Issuer or deemed necessary by Bond Counsel or Disclosure Counsel or the Senior Managing Underwriter, in any of their reasonable opinions, pursuant to Section 2(c) hereof which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters, in the reasonable opinion of the Senior Managing Underwriter, of the Series 2003 Bonds to be purchased by them. (d) Any fact shall exist or any event shall have occurred which makes the Preliminary Official Statement, in the form as printed, in the reasonable opinion of the Senior Managing Underwriter, contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they.were made, not misleading. 11 16F3 (e) There shall have occurred any outbreak or escalation of hostilities or any national or international calamity or crisis, financial or otherwise, including a general suspension of trading on any national securities exchange which (i) materially adversely affects the market for the Series 2003 Bonds or the sale of the Series 2003 Bonds, at the contemplated offering prices, by the Underwriters, in the reasonable opinion of Senior Managing Underwriter, or (ii) causes a material disruption in the municipal bond market and as, in the reasonable opinion of the Senior Managing Underwriter, would make it impracticable for them to market the Series 2003 Bonds or to enforce contracts for the sale of the Series 2003 Bonds (it being agreed by the parties- hereto that no such hostilities, calamity or crisis is occurring as of the date hereof that had a material effect upon the marketability of the Series 2003 Bonds). (f) Legislation shall be enacted or any action shall be taken by, or on behalf of, the Securities and Exchange Commission which has the effect of requiring the contemplated distribution of the Series 2003 Bonds to be registered under the Securities Act of 1933, or any laws analogous thereto relating to governmental bodies, and compliance therewith cannot be accomplished prior to the Closing. (g) A general banking moratorium shall have been declared by the United States, New York or Florida authorities which materially adversely affects the market for the Series 2003 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them. (h) Any national securities exchange, or any governmental authority, shall impose, as to the Series 2003 Bonds or obligations of the general character of the Series 2003 Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriters. (i) Any rating of the Series 2003 Bonds shall have been downgraded or withdrawn by a national rating service, which materially adversely affects the market for the Series 2003 Bonds or the sa]e, at the contemplated offering prices, by the Underwriters of the Series 2003 Bonds to be purchased by them; or any proceeding shall be pending or threatened by the Securities and Exchange Commission against the Issuer. (j) The Insurer shall inform the Issuer or the Underwriters that it will not insure payment of the principal of or interest on the Series 2003 Bonds as described in the Official Statement or that it will not deliver the Reserve Account Insurance Policy. 10. Expenses. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expenses incident to the performance of the obligations of the Issuer hereunder including, but not limited to: (a) the cost of preparation, printing or other reproduction of the Resolution; CO) the cost of preparation and printing of the Series 2003 Bonds; (c) the fees and disbursements of Bond Counsel and Disclosure Counsel; (d) the fees and disbursements of the £mancial advisor to the Issuer; (e) the fees and disbursements of any experts, consultants or advisors retained by the Issuer, including fees of the auditor, the verification agent, and the Paying Agent and Registrar; (f) fees for bond ratings; (g) the premium for municipal bond insurance and the reserve account insurance policy; (h) the costs of preparing, printing and delivering a reasonable number of copies of the Preliminary Official Statement and the Official Statement and any supplements or amendments to either of them; and (i)the cost of preparing, printing and delivery of this Purchase Contract. The Underwriters shall pay: (a).all advertising expenses; Co) fees and expenses of counsel to the Underwriters; and (c) all other expenses incurred by them or any of them in connection with the 12 public offering of the Series 2003 Bonds, including the fees and disbursements of counsel retained by them, but not including the costs identified in (i) of the immediately preceding paragraph. In the event that either party shall have paid obligations of the other as set forth in this Section 10, adjustment shall be made at the time of the Closing. 11. Notices. Any notice or other communication to be given to the Issuer under this Purchase Contract may be given by delivering the same in writing at its address set forth above, and any notice or other communication to be given to the Underwriters may be given by delivering the same in writing to Morgan Stanley & Co. Incorporated, 200 South Orange Avenue, Suite 1440, Orlando, Florida 32801, Attention: Executive Director. 12. Parties in Interest. This Purchase Contract is made solely for the benefit of the Issuer and the Underwriters and no other party or person shall acquire or have any right hereunder or by virtue hereof. All representations, warranties, covenants and agreements in this Purchase Contract shall remain operative and in full force and effect, regardless of: (i) any investigations made by or on behalf of any of the Underwriters; (ii) the delivery of the Series 2003 Bonds pursuant to this Purchase Contract; or (iii) any termination of this Purchase Contract but only to the extent provided by the last part of Section 8 hereof. 13. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriters may be waived by the Senior Managing Underwriter, in its sole discretion, and the approval of the Senior Managing Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing, signed by appropriate officer or officers of the Senior Managing Underwriter and delivered to the Issuer. [Remainder of page intentionally left blank] 13 16F Z 14. Effectiveness. This Purchase Contract shall become effective upon the execution of the acceptance hereof by the Chairman or Vice Chairman of the Board of County Commissioners and shall be valid and enforceable at the time of such acceptance. 15. Counterparts. This Purchase Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. 16. Headings. The headings of the sections of this Purchase Contract are inserted for convenience only and shall not be deemed to be a part hereof. 17. Florida Law Governs. The validity, interpretation and performance of this Purchase Contract shall be governed by the laws of the State of Florida. Very truly yours, MORGAN STA_~LEY & CO. INCORPORATED Nam~l~a~n N. Williams Its: Vice President Accepted by: County Commissioner ATTEST: DWIGHT E. BROG'K, ~ . :. ~ J J ~ _~t~~ 14 16F.3 EXHIBIT A AMOUNTS, MATURITIES, INTEREST RATES AND YIELDS $102,125,000 Serial Bonds Maturity Interest Maturity Interest Amount (June 1) Rate Yield Amount (June 1) Rate Yield $1,495,000 2003 2.000% 1.120% $2,585,000 2013 3.700% 3.710% 5,485,000 2004 2.000 1.080 3,660,000 2013 5.250 3.710 5,590,000 2005 2.000 1.280 895,000 2014 3.800 3.840 3,570,000 2006 2.000 1.670 5,640,000 2014 5.250 3.840* 2,135,000 2006 4.000 1.670 295,000 2015 3.900 3.950 3,400,000 2007 2.100 2.100 6,570,000 2015 5.250 3.950* 2,460,000 2007 4.000 2.100 2,985,000 2016 4.000 4.050 6,030,000 2008 2.500 2.540 3,105,000 2017 4.100 4.120 2,315,000 2009 2.900 2.900 3,230,000 2018 4.150 4.190 3,865,000 2009 5.000 2.900 175,000 2019 4.300 4.270* 5,145,000 2010 3.200 3.200 3,190,000 2019 5.250 4.270' 1,295,000 2010 5.000 3.200 180,000 2020 4.350 4.350 2,310,000 2011 3.375 3.420 3,360,000 2020 5.250 4.350* 3,415,000 2011 5.000 3.420 3,725,000 2021 5.250 4.430* 1,775,000 2012 3.600 3.600 3,920,000 2022 5.250 4.510' 4,200,000 2012 5.000 3.600 4,125,000 2023 4.500 4.600 *Callable premium bonds priced to first optional redemption date of June 1, 2013. REDEMPTION PROVISIONS Optional Redemption The Series 2003 Bonds maturing on or before June 1, 2013 are not subject to optional redemption prior to maturity. The Series 2003 Bonds maturing on and after June 1, 2014 are subject to redemption at the option of the Issuer in whole or in part, at any time, on or after June 1, 2013 in such order of maturities as may be determined by the Issuer (less than all of a single maturity to be selected by lot) at a redemption price of 100% of the principal amount to be redeemed, together with accrued interest to the date set for redemption. Exhibit A- 1 16F COSTS OF ISSUANCE Per $1,000 Bond Financial Advisor and Expenses Bond Counsel Disclosure Counsel Paying Agent/Registrar/Escrow Agent Rating - Standard & Poor's Rating - Moody's Rating - Fitch POS/Official Statement Verification Agent Miscellaneous $0.50 0.85 0.68 0.07 0.39 0.40 0.24 0.08 0.01 0.06 Total *Total varies due to rounding $3.29* Dollar Amount $51 ~000.00 86 806.25 69 445.00 7 500.00 40 000.00 40 850.00 25 000.00 8 000.00 1,450.00 6,000.00 $336,051.25 Exhibit A-2 16F3 EXHIBIT B $102,125,000 COLLIER COUNTY, FLORIDA Gas Tax Revenue Bonds, Series 2003 DISCLOSURE STATEMENT February 28, 2003 Board of County Commissioners of Collier County, Florida Naples, Florida Ladies and Gentlemen: In connection with the proposed issuance by Collier County, Florida (the "Issuer") of the issue of bonds referred to above (the "Series 2003 Bonds") Morgan Stanley & Co. Incorporated, on behalf of itself and A.G. Edwards & Sons, Inc. (collectively, the "Underwriters"), have agreed to underwrite a public offering of the Series 2003 Bonds. Arrangements for underwriting the Series 2003 Bonds will include a Purchase Contract between the Issuer and the Underwriters. The purpose of this letter is to furnish, pursuant to the provisions of Sections 218.385(2), (3) and (6), Florida Statutes, certain information in respect to the arrangement contemplated for the underwriting of the Series 2003 Bonds as follows: (a) The nature and estimated amount of expenses to be incurred by the Underwriters in connection with the issuance of the Series 2003 Bonds are set forth on Schedule I attached hereto. (b) There are no "finders," as that term is defined in Section 218.386, Florida Statutes, connected with the issuance of the Series 2003 Bonds. (c) The amount of the Underwriter's discount expected to be realized with respect to the Series 2003 Bonds is $4.50 per $1,000 ($459,556.11) which includes $0.00 per $1,000 ($0.00) for underwriting risk, $4.29 per $1,000 ($437,693.75) for average takedown, $0.21 per $1,000 ($21,862.36) for expenses and $0.00 per $1,000 ($0.00) for management fee. (d) No other fee, bonus or other compensation is estimated to be paid by the Underwriters in connection with the issuance of the Series 2003 Bonds to any person not regularly employed or retained by the Underwriters. (e) The name and address of the Underwriters are set forth below: Morgan Stanley & Co. IncorPorated 200 South Orange Avenue, Suite 1440 Orlando, Florida 32801 Exhibit B- 1 A.G. Edwards & Sons, Inc. 1900 Glades Road, Suite 270 Boca Raton, Florida 33431 Raymond James & Associates, Inc. 220 Congress Park Drive, Suite 240 Delray Beach, FL 33445 (f) The Issuer is proposing to issue the Series 2003 Bonds for the purpose of providing funds, together with other legally available funds of the County, to (i) finance the costs of acquisition, construction, and reconstruction of roads and bridges and other transportation improvements within the County, (ii) refund, on a current basis, all of the County's outstanding Road Improvement Revenue Bonds, Series 1995, (iii) fund a deposit into the Reserve Account, and (iv) pay certain costs of issuance of the Series 2003 Bonds, including the financial guaranty insurance premium and the reserve account insurance policy premium. The Series 2003 Bonds are expected to be repaid over a period of approximately 20.2 years (from the date of Closing). At a true interest cost rate of 3.97%, total interest paid over the life of the Series 2003 Bonds will be $43,941,552.00. Pursuant to Resolution No. 2003-89 adopted by the Board of County Commissioners of the County (the "Board") on February 25, 2003, as supplemented (collectively, the "Resolution"), the Series 2003 Bonds are payable from and secured by a lien upon the proceeds of the Gas Tax Revenues (as such term is defined and described in the Resolution), and distributed to the County under the Act (as defined in the Resolution) and certain other amounts as described in the Resolution (collectively, the "Pledged Funds"). Authorizing the Series 2003 Bonds will result in a maximum of $9,497,540 Pledged Funds not being available to finance the other services of the Issuer each year for approximately 20.2 years. [Remainder of page intentionally left blank] Exhibit B-2 16F We understand that the Issuer does not require any further disclosure from Underwriters, pursuant to Sections 218.385(2), (3) and (6), Florida Statutes. Very truly yours, M ORGA~~~EY & CO. INCORPO RATED iNt~~~p~'si~ie~ the Exhibit B-3 16F3 SCHEDULE I ESTIMATED EXPENSES TO BE INCURRED BY UNDERWRITERS Per $1,000 Bond Dollar Amount Underwriters' Counsel Day Loan BMA Fee Dalnet System (Book-Running) Dalnet System (Wire Charges) DTC Charges CUSIP Travel, Communication and Misc. $0.06 $6,000.00 0.03 2,836.81 0.03 3,063.75 0.06 6,127.50 0.00 105.00 0.00 336.30 0.00 393.00 0.03 3,000.00 Total $0.21' $21,862.36 *Total varies due to rounding Schedule I- 1 EXHIBIT C FORM OF OPINION OF COUNTY ATTORNEY 16F March 13,2003 Board of County Commissioners of Collier County, Florida Naples, Florida Morgan Stanley & Co. Incorporated Orlando, Florida A.G. Edwards & Sons, Inc. Boca Raton, Florida Raymond James & Associates, Inc. Delray Beach, Florida Ambac Assurance Corporation New York, New York Re~ $102,125,000 Collier County, Florida Gas Tax Revenue Bonds, Series 2003 Dear Sir: This letter shall serve as the opinion of the County Attorney of Collier County, Florida (the "Issuer") pursuant to Section 8(e)(3) of the Purchase Contract, dated February 28, 2003 (the "Purchase Contract") between the Issuer and Morgan Stanley & Co. Incorporated, on behalf of itself and A.G. Edwards & Sons, Inc. I have participated in various proceedings in connection with the issuance by the Issuer of $102,125,000 aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 (the "Series 2003 Bonds"). The Series 2003 Bonds are being issued pursuant to Resolution No. 2003-89 adopted by the Board of County Commissioners of the County (the "Board") on February 25, 2003, as supplemented (collectively, the "Resolution"). All terms not otherwise defined herein shall have the meanings ascribed thereto in the Purchase Contract or the Resolution. I am of the opinion that: 1. The Issuer is a political subdivision of the State of Florida, duly organized and validly existing and has full legal right, power and authority to adopt and perform its obligations under the Resolution, to enact and perform its obligations under the Ordinance, and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate, the Interlocal Agreements, the Escrow Agreement, t.he Reserve Account Insurance Policy Agreement and the Purchase Contract. Exhibit C- 1 16F3 2. The Issuer has duly adopted the Resolution, has duly enacted the Ordinance, and has duly authorized, executed and delivered the Purchase Contract, the Interlocal Agreements, the Escrow Agreement, and the Reserve Account Insurance Policy Agreement, and the Continuing Disclosure Certificate, and assuming the due authorization, execution and delivery of the Purchase Contract, the Escrow Agreement and the Reserve Account Insurance Policy Agreement by the other parties thereto, such instruments constitute legal, binding and valid obligations of the Issuer, enforceable in accordance with their terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion. The Interlocal Agreements have been properly filed in accordance with the requirements of applicable law. 3. With respect to the information in the Official Statement and based upon my participation in the preparation of the Official Statement as County Attorney, I have no reason to believe that the Official Statement (except for the financial and statistical data contained therein, and the information relating to the Insurer and DTC, as to which no view need be expressed), as to legal matters, contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 4. The use of the Preliminary Official Statement by the Underwriters for the purpose of offering the Series 2003 Bonds has been duly authorized and ratified by the Issuer. 5. The Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters. 6. The adoption of the Resolution, the enactment of the Ordinance, and the authorization, execution and delivery of the Continuing Disclosure Certificate, the Interlocal Agreements, the Purchase Contract, the Escrow Agreement, the Reserve Account Insurance Policy Agreement and the Series 2003 Bonds, and compliance with the provisions hereof and thereof, will not, in a material way, conflict with, or constitute a breach of or default under, any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subject nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. 7. All approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and under the Resolution and the Ordinance have been obtained and are in full force and effect. 8. The County has the authority to acquire, improve, equip, construct, reconstruct, own and operate the Initial Project. 9. Except as disclosed in the Official Statement, to my knowledge after due inquiry, as of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to the best of my knowledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance Or delivery of the Series 2003 .Bonds or the acquisition, equipping and/or improvement of the Initial Project or the collection of the Pledged Funds to pay the principal of, premium, if any, and Exhibit C-2 16F interest on the Series 2003 Bonds, or contesting or affecting as to the Issuer the validity or enforceability of the Act in any respect relating to authorization for the issuance of the Series 2003 Bonds, the Resolution, the Ordinance, the Interlocal Agreements, the Continuing Disclosure Certificate, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or the Purchase Contract, or contesting the tax-exempt status of interest on the Series 2003 Bonds, or contesting the completeness or accuracy of the Official Statement or any supplements or amendments thereto, or contesting the powers of the Issuer or any authority for the issuance of the Series 2003 Bonds, the adoption of the Resolution, the enactment of the Ordinance, or the execution and delivery by the Issuer of the Purchase Contract, the Interlocal Agreements, the Escrow Agreement, the Reserve Account Insurance Policy Agreement or the Continuing Disclosure Certificate; notwithstanding the foregoing, I am not expressing any opinion on the applicability of the any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering and sale of the Series 2003 Bonds or on connection with the registration of the Series 2003 Bonds under the Federal securities laws. County Attorney J:\Bonds\439901\Pc6.doc February 27, 2003 Exhibit C-3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 25, 2003 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Bo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: Districts: Collier County Housing Authority - Audit FYE September 30, 2002; Management Ltr; Replay to Management Ltr; Approved Budget FY 2001- 2002; Schedule of Regular Meeting for 2001-2002; Registered Agent and Description of Outstanding Bonds. Cow Slough Water Control District - Annual Audit Report FY ending September 30, 2002; Management Letter; Response to Management Ltr. 3. North Naples Fire Control & Rescue District - Five Year Capital Plan Collier Mosquito Control District - Annual Audit Report FY ending September 30, 2002; Management Ltr and Response to Management Ltr. o Mediterra South Community Development District - Minutes of Meeting Held on September 25, 2002 and Unaudited Financial Statements dated August 31, 2002. Port of the Islands Community Improvement District - Minutes of Meeting held on November 15, 2002. Tuscany Reserve Community Development District - Minutes of Meeting held on November 14, 2002 and Proposed Budget FY 2002-2003. Minutes: Collier County Hispanic Affairs Advisory Board - Notice of Special Meeting January 30, 2003. Workforce Housing Advisory Committee - Minutes of January 6, 2003 and January 13, 2003 Collier County Library, Advisory Board - Agenda for January 22, 2003; Minutes &December 18, 2002. H:Data/Format o Productivity Committee Meeting Minutes - Minutes of December 18, 2002. Vanderbilt Beach M.S.T.U. Advisory Committee - Minutes of January 9, 2003; Agenda for February 6, 2003. Development Services Advisory Committee - Agenda for February 5, 2003; Minutes of January 8, 2003. Pelican Bay Advisory Board - Agenda for February 5, 2003, Minutes of January 9, 2003. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for February 14, 2003, Minutes of January 24, 2003 Enterprise Zone Development Agency - Minutes of January 22, 2003, Minutes of December 4, 2002 H:Data/Format TO: FROM: 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. CC)LLIER CC~UNTY HC)U.~IN~ AUTHC)RITY 1. Pursuant to Florida Statutes Chapters 189 and 190, Collier County Housing Authority, has submitted the following: (a) (b) (c) (d) (e) (f) (g) Audit FYE September 30, 2002 Management Letter Reply to Management Letter Approved Budget FY 2001-2002 Schedule of Regular Meeting for 2001-2002 Registered Agent Description of Outstanding Bonds Thank you h;:.-;c. C0m:s: Copies To: MALCOLM JOHNSON &; C05IPANY, P.A. 161 January l3,2003 Dwight W. Brock Clerk of the Circuit Court Finance Department 3301 E. Tamiami Trail Naples, Fl. 34112 Dear Mr. Brock: Attached please find all the reports with the exception of a district map. As discussed previously with staff, our district is in the boundaries of Collier County. Specifically enclosed: 1. Annual Financial Report of FYE 9/30/02. 2. Approved Budget for FY 2001-2002. 3. Registered Office and Agent. 4. Schedule of Regular Meetings for 2001-2002. 5. Description of Outstanding Bonds for FYE 9/30/02. 6. Public Facilities Report. 7. Audit & Management Letter FYE 9/30/02. I hope this brings total satisfaction to our reporting requirements. If you have any questions, please contact me directly. Sincerely, ES/er Enclosure CollierCounu, Housing Authority * 1800 Farm Worker Way * hnmokalee, Florida 34142 · (941)657-3649 * FAX(941)657-7232 1611':~ 1611' Approved Budget 2001-2002 $2,o52,ooo 101,100 Total Revem~~ OPERATIONAL EXPENSF_~ Adw~ni~ $ 981,806 593,557 52,9~7 2~7,745 292,475 Tota~ ~ ~,~00. * $27,000.110 will come out of reserves for celeital equipmmt. 66 x 1Bruni~ 54 Wedcly 252 x 2Br units 60 Weekly 187x3Br~mit_~ 66 W~etdy 136 x 4Br units 71 Weddy Total 3 % Vacancy Total Dwi_ ;-~ Rents 2001-2002 185,328 786,240 641,784 5o2,112 2,115,464 {63,464} 2,052,000 201~2001 175,032 746,928 612,612 480,896 2,015,468 {80,619} 1,934,849 1611 Mis~.n.~o~ us Rents Cm~mco Storo and Laundry Total Mj,e.41.-~u, Rent, 20,400 1,000 37,4OO 20,400 16,000 1,000 37.4OO Deb~ Se~io~ Fuad Gm~ml ~ Fund Imum~ R~erv~ Fund 1,000 60,000 1,000 62,000 1,000 58,800 1,000 60,$00 Other l~eom ~ Co~ Fee~ Key~~Fee~ 12,ooo 15,000 68,000 1,000 100 3,000 101,100 12,ooo 15,000 611,000 1,000 100 3,000 · 101.100 Total Revenue 2.252,500 2.134.149 Salaries: Data-ky ln-?ector Social Sefvic~ Coorrllnnt~r Total Administrative $~l-,-ies 2001-2002 2000-2001 ?6,542 ?6,542 19,514 25,5oo 42,620 42,620 34,879 34,879 14,964 16,103 14,432 14,316 36,937 36,937 ~2 20,552 30,548 30,548 16,~1 17~49 19,5~ 18~71 15,579 15,~79 36,396 21,1~7 . 380,717 370.253 Contract Services: V&ido Wolf's ~ General Ad,,,~~ Tr~inh~ PIIX)T Total Contract Services 14,000 13,000 17,000 16,000 %O00 7,OOO 28,000 28,000 105,000 86,736 39,000 38,000 3O,0OO 3O,0OO 195,000 175,660 20,000 18,000 2,0o0 2,000 9,000 %00o 6,40o 6,400 7,000 7,000 FICA Admiaim'a~e 2000-2001 4,0OO 12,000 5,000 60,000 3,000 71,689 128,000 1,000 337~0S9 4,OOO 10,000 5,000 56,716 3,000 90,000 1,000 331~116 1611 Total Admini-~trafive MAINTENANCE Director of Maimmmce 5 x MaitUmance T~hnicims 9 x Maimmance Laborers 1 x pact-time Janitorial 981,806 42,758 157,140 8,873 943,029 42,758 112,305 ~57,~4o 8,873 Total Salari~ 321,076 1,000 1,000 2o, ooo 321.076 ToM Maintenance Contram 35,000 35,000 15,000 15,000 20,000 60,000 3o, ooo 4o,ooo m,ooo 20,ooo 28,000 5O,OOO Total Supplies and Materiels 205.000 35,000' 4,OOO 4,000' 35,000 * SeeA~A Total Capital Equipmmt Total Maintemmee 45,4S! 593,557 .45,481 _581.557 2 x ~oc~.,~ 0~ Contrnets: Total Security Water/Sewer Total Utilities Bond Sed~ "B" Series "C" Series "D" Bond Intet~st: Sm'les "A" Series '!3" Series "C" Series '~" RESERVES 292,475 Total Total Operational Expmses 2000-2001 44,517 8,400 52.917 15,0~ 86,000 29,000 34,000 ~,ooo 26,00O 27,0O0 39,o75 1,190 3,200 8,230 6,470 9,430 ~4,150 257.745 292.475 2.264,500 44,517 6,50O 51,017 29,OOO 34,OOO 59,OOO 26,000 27,ooo 1,4~o 3,54o 8,820 6,73O 9,430 14,O71 219.071 292-475 2.173.149 Applisncee: Stoves Refris~-m. ors 5O 5O TOTAL TOTAL ** Ou~ of~: $27,000.00 TOTAL GRAND TOTAL 1611' S 17.500.00 $ $ 35,000.00'* $ 4,o00.00 $, $ $ 4.0O0.0O $ 4,ooo.oo $. $ $ 2.4~!.00 $ $ $ $ $ $ 6.4~1.00 $ 4~.451,00 PRORATION SCHEDUI.F~ RD Section 8 161 1 Executive Director Secretary Director Administrator Secretary Fiscal Coordinator Management Coordinator Director Maintenance Section 8 Manager Occupancy Specialist Accounts Receivable Clerk Accounts Receivable Clerk Asst. Resident Manager Maintenance Mechanic (5) Maintenance Helper (9) Asst. Section 8 Manager Receptionist-Typist Janitor Receptionist-Typist Inspector Social Services Coordinator Security Guard 80 95 80 100 80 100 100 100 100 100 100 100 100 100 100 50 100 100 20 5' 20 2O 100 100 100 5O D IMTHI.CT NAME ~olli.r Counter Housin~ AughoriLy 1800-Farm N°'~ker Nay __ I--.okalee, Florida 34142 !n adc~fJon, pfe==e pro,da the telephone nurn~er of yeur rec~s~-ocf agone PHONE N U .ME, F_::/ (239) 657-3649 D -= NOENT INDEFEND T x I! tJ'm actu=~ Io~---.,tfon of y.ou~',~~ dL%-t,-fct offfca t's dlF. amnt from ~ of your rogfst~ agent, provide the dfs~ct's t~ness address tn the 4q:ta~ ~ l~e=e r~tu,-n this f=m, to the address be/ow: COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETING 1611 2001-2002 August 28, 2001 (annual) November 27, 2001 February 26, 2002 May 28, 2002 August 27, 2002 (annual) November 26, 2002 2002-2003 August 27, 2002 (annual) November 26, 2002 February 25, 2003 May 27, 2003 August 26, 2003 (annual) November 25, 2003 Description of Outstanding Bonds We have previous bond sales during the period 1972 to 1983, 1990, 2000, 2001 and 2002 with outstanding debts. The balances as of September 30, 2002 are as follows: 1972 Bond "A" 1976 Bond "B" 1981 Bond "C" 1990 Bond "D" 2000 Bond "E" 2001 Bond "F" 90,000 286,000 764,000 621,000 916,000 1,376,000 Total Collier County Housing Authority "A T A GLANCE" GENERAL: Farm Worker Village a Six-Hundred Forty-One (641)-unit community for domestic farm laborers was built in five (5) sections. Section "A" has 150 units, opened in 1974 Section "B" has 126 units, opened in 1978 Section "C" has 215 units, opened in 1983 Section "D" has 50 units, opened in 1991 Collier Village has 30 units, opened in 1991 Section "E" has 35 units, opened in 1999, than had 35 more units opened February 2001. The 30 units opened in 1991are part of the Collier Village PUD in which the Collier County Housing Authority partnered with the Collier County Concerned Citizens, Inc. to develop a 40-acre parcel of land on South 5th Street, donated by the Barron Collier Company, utilizing a Community Development Block Grant to develop water management, streets, sidewalks and underground utilities. The Collier County Housing Authority guaranteed this grant by building the 30 units in less time than it took to build the infrastructure. All of the units are the same basic design with the one (1) bedroom unit built in four- plexes, two (2) bedroom units built in duplexes and three (3) and four (4) bedroom units are single family dwellings. This configuration yields: 66 = 1 bedroom units 252 = 2 bedroom units 187 = 3 bedroom units 136 = 4 bedroom units The racial make-up of the residents are: 60% Hispanic; 36% Haitian; 3% American Black and 1% American White; RENTS: One (1) bedroom unit Two (2) bedroom unit Three (3) bedroom unit Four (4) bedroom unit $57.00 per week $63.00 per week $69.00 per week $74.00 per week These rents were made possible by grants and a Iow interest loan from Rural Development, formerly Farmers Home Administration. SUPPORTIVE SERVICES: Three (3) Day Care Centers, one in each section (except D & E) operated by Redlands Christian Migrant Association. · Two (2) postal service areas. · One (1) convenient store and laundromat. · Education building housing a GED Program, Alternative School for pre-expulsion students. · Scouting Hut. .7.611 Homework Club and an ELIGIBILITY: To be eligible to live in Farm Worker Village, the head of the household "must be a domestic farm labor earning a substantial portion of his or her income from domestic farm labor." Specifically, the head of the household must be a citizen or a permanent resident earning at least $2,700 in domestic farm labor. OTHER SERVICES: The Housing Authority in cooperation with the US Department of Housing & Urban Development (HUD) also administers a Section 8 Housing Program that provides 429 vouchers of rental assistance to very Iow-income families in Collier County. As of I October 2002 MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 210 N. Highway 17-92 P.O. Box 530848 DeBary, Florida 32753-0848 1611 TELEPHONE (386) 668-6464 FACSIMILE (386) 668-6463 November 14, 2002 ,Management and The Board of Commissioners of Collier County Housing Authority In planning and performing our audit of the financial statements of the Collier County Housing Authority for the year ended September 30, 2002, we considered the Authority's internal control in order to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on internal control. However, during our audit, we became aware of several matters that are opportunities for strengthening internal controls and operating efficiency. This letter does not affect our report dated November 14, 2002 on the financial statements of the Collier County Housing Authority. We will review the status of these comments during our next audit engagement. We have already discussed these comments and suggestions with Authority personnel, and will be pleased to discuss these comments in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. Our comments are summarized as follows: Deficiencies Noted in Maintenance :of Farmers Home Tenant Files For Dependent~ During our audit of 30 Farmers Home tenant files, we noted that 3 files did not include information necessary to verify the dependents of tenants. We recommend that the authority review their internal controls to ensure that all dependents are properly verified, and that all documentation used for verification is retained. We also recommend the use of a standard checklist t0 ensure that all items needed for compliance are completed and retained as required. Deficiencies Noted in the Maintenance of Farmers Home Tenant Files for Resident Alien Stalas During our audit of 30 Framers Home tenant files, we noted that in 8 files the resident alien card for the Head of Household had expired. After notifying the Authority, and further research we discovered that although the card showed an expired date, the resident status had not changed. We recommend that the Authority keep a current Resident Alien Status card in order to be sure that all Heads of Household are in compliance with Authority as well as Federal guidelines. COLLIER COUNTY HOUSING AUTHORITY Management Letter Items September 30, 2002 (Continued) 161! ? Deficiencies Noted in the Maintenance of Farmers Home Tenant Files for Resident Alien Status (Continued) Reply This letter is in response to your concern about finding permanent resident cards in our fii~s with expired expiration dates. According to our regulations, the head of the household must be over the age of eighteen, a permanent resident, or a citizen of the United States, or one of its' territories. Proof of permanent residency is in the form of an alien registration card. To give you a little history, prior to 1990 there were no exPiration dates on the permanent resident card. Unbeknownst to us in the early 90's, for reasons of tracking, I.N.S. started putting expiration dates on the alien registration cards. In discussing this matter with I.N.S. officials and an immigration lawyer, I have learned that the expiration dates on the cards does not affect the status of the person just the status of the proof of the status, in fact it was stated to me that a permanent resident could not have his status change without court action To make it easy for further audits, we will begin a new procedure. Expiration dates of the permanent resident cards, if there is one, will be placed in the front of the file, so that we can remind the resident to renew the card. Understand however, that this will place a major burden on our resident because of the backlog that I.N.S is experiencing. We wish to thank the Executive Director and the staff of the Authority for their support and assistance during our audit. '.- This report is intended solely for the information and use of the Board of Commissioners, management, and others within the organization and is not intended to be and should not be used by anyone other than these specified parties. Sincerely, O~SON & COMPANY, P.A. 'Certified Public Accountants DeBary, Florida November 14, 2002 1611 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida REPORT ON AUDIT OF FINANCIAL STATEMENTS, SUPPLEMENTAL INFORMATION AND SINGLE AUDIT FOR THE YEAR ENDED SEPTEMBER 30, 2002 TABLE OF CONTENTS PAGE Independent Auditors' Report on Financial Statements and Supplemental Information ...... 1 Financial Statements Combined Balance Sheet ............................................................................. 2 Combined Statement of Revenue, Expenses and Changes in Equity .......................... 3 Combined Statement of Cash Flows ............................................................... 4-5 Notes to Financial Statements ...................................................................... 6-21 Combining Balance Sheet ........................................................................... 22 Combining Statement of Revenue, Expenses and Changes in Equity ........................ 23 Supplemental Information Statement and Reconciliation of Actual Capital Projects Program Costs and Advances ... 24 Statement of Revenues and Expenditures Compared to Budget (Proprietary Fund Type) Rural Economic & Community Development Subsidized Housing Only ............ 25-26 Farm Worker Subsidized Housing Program ...................................................... 27-36 Single Audit Section Schedule of Findings and Questioned Costs ...................................................... 37 Schedule of Expenditures of Federal Awards .................................................... 38 Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ........................... 39 Report on Compliance With Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance With OMB Circular A-133 ......................................................... 40-41 MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 210 N. HIGHWAY 17-92 P.O. BOX 530848 DEBARY, FLORIDA 32753-0848 TELEPHONE (386) 668-6464 FACSIMILE (386) 668-6463 INDEPENDENT AUDITORS' REPORT Board of Commissioners Collier County Housing Authority Immokalee, Florida HUD, Miami Area Office Office of Public Housing 909 S. E. First Avenue, Room 500 Miami, Florida 33131 We have audited the f'mancial statements of the Collier County Housing Authority ("the Authority") as of and for the year ended September 30, 2002, as listed in the table of contents. These financial statements are the responsibility of the Authority's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U. S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Collier County Housing Authority as of September 30, 2002, and the results of its operations and its cash flows for the year then ended in conformity with U.S. generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued in the Single Audit Section of our report dated November 14, 2002, a report on our consideration of the Authority's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The accompanying Schedule of Expenditures of Federal Awards in the Single Audit Section of our report is presented for purposes of additional analysis as required by the U. S. Office of Management and Budget Circular A-133, Audits of State, Local Governments and Non-Profit Organizations, and is not a required part of the financial statements. Also, the accompanying supplemental information including the Financial Data Schedule, is presented for purposes of additional analysis and is not a required part of the financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic fmancial statements and, in our opinion, is fairly stated, in all material respects, in relation to the f'mancial statements taken as a whole. ~~~. Malcolm Johnson & Company, P.A. Certified Public Accountants DeBary, Florida November 14, 2002 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida COMBINED BALANCE SHEET SEPTEMBER 30, 2002 ASSETS Current assets: Cash and cash equivalents Interest receivable Accounts receivable (net of allowance for uncollectibles) Due from other governments Inventories (net of allowance for obsolescence) Prepaid expenses Total current assets 581.110 3 108 38.953 77.238 48053 50740 799,202 Restricted assets: Resident security deposits Debt service and other reserve funds Total restricted assets 125,423 1,189,837 1,315,260 Fixed assets: Land Buildings Furniture, equipment & machinery Accumulated depreciation Construction in process Fixed assets, net of accumulated depreciation TOTAL NONCURRENT ASSETS TOTAL ASSETS 2,216,231 20,561,952 4,432,381 (12,358,830) 787,146 15,638,880 15,638,880 $ 17,753,342 The accompanying notes are an integral part of these financial statements. 1611 LIABILITIES AND EQUITY Current liabilities: Accounts payable Accrued wages/taxes payable Accrued compensated absences Other accrued liabilities Due to other governments Notes and bonds payable Deferred revenue Total current liabilities Current liabilities payable from restricted assets: Resident security deposits Noncurrent liabilities: Notes and bonds payable (net of unamortized discount) Family self sufficiency escrow Total noncurrent liabilities Total liabilities Equity: Contributed capital Other Retained earnings Unreserved Total equity TOTAL LIABILITIES AND EQUITY $ 49,099 11,302 40,905 20,341 112,862 214,075 34,295 482,879 125,600 3,838,925 4,969 3,843,894 4,452,373 14,204,858 (903,889) 13,300,969 ~_._!7,753,342 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida COMBINED STATEMENT OF REVENUE, EXPENSES AND CHANGES IN EQUITY FOR THE YEAR ENDED SEPTEMBER 30, 2002 1611 Operating revenues: Rental revenue Other revenue Total operating revenues Operating expenses: Administrative Tenant services Utilities Ordinary maintenance & operation General expenses Housing assistance payments Depreciation Total operating expenses Operating loss Nonoperating revenues (expenses) Governmental grants Interest revenue Interest expense Loss on disposition of fixed assets Total nonoperating revenues Net income Fund equity - beginning of year - restated TOTAL FUND EQUITY $ 1,847,105 165,332 2,012,437 908,229 66,522 78,499 697,778 494,368 2,663,588 995,554 5,904,538 (3,892,101) 4,090,589 43,278 (43,391) (303) 4,090,173 198,072 13,102,897 $ 13,300,969 The accompanying notes are an integral part of these financial statements. 3 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 161 COMBINED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED SEPTEMBER 30, 2002 Cash Flows From Operating Activities Receipts from residents and other deposits Other receipts (payments) Payments to suppliers Payments to/for employees Payments to landlords Net cash used by operating activities Cash Flows From Noncapital Financing Activities Operating subsidies Cash Flows From Capital and Related Financing Activities Capital contributions (Purchases) of capital assets Disposals of capital assets Principal paid on capital debt Interest paid Other receipts (payments) Net cash provided by capital and related financing activities $ 1,965,176 100,995 (1,386,738) (771,185) (2,663,588) (2,755,340) 2,763,979 1,118,564 (769,526) 12,492 (238,005) (43,391) 889,893 970,027 Cash Flows From Investing Activities Proceeds from sales and maturities of investments Reduction in notes receivable Interest and dividends Net cash provided by investing activities Net increase in cash equivalents Balance - beginning of the year Balance - end of the year Reconciliation to Balance Sheet: Cash and cash equivalents Resident security deposits Debt service and other reserve funds 40,000 24,000 43,566 107,566 1,086,232 810,138 $~_ ~,896,370 581,110 125,423 1,189,837 $ 1,896,370 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida COMBINED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED SEPTEMBER 30, 2002 (Continued) Reconciliation of Operating Loss to Net Cash Used By Operating Activities Operating Loss Adjustments to reconcile operating loss to net cash used by operating activities: Increase ~n accounts receivable Increase ~n inventory Increase in prepaid expenses Increase m security deposits Increase m accounts payable Increase in accrued wages Increase ~n compensated absences Decrease in accrued liabilities Depreciation elimination Adjustment to prior year Net cash used by operating activities $ 0,892,101) (7,140) (5,087) (13,607) 125,211 4,824 5,371 28,761 (12,650) 995,554 15,524 $(~7_55,340) The accompanying notes are an integral part of these financial statements. 5 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1611 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 A - Summary of Significant Accounting Policies and Organization: Orl~anization: The Collier County Housing Authority ("The Authority") is a public body corporate and politic which was organized under Chapter 421 of the Florida Statutes on July 12, 1966 and the laws of the State of Florida to provide low rent housing for qualified individuals in accordance with the rules and regulations prescribed by the U.S. Department of Agriculture, Rural Economic & Community Development (formerly Farmers Home Administration), U.S. Department of Housing and Urban Development (HUD) and other Federal Agencies. The Authority has been a recipient of several loans and grants from Rural Economic & Community Development (RECD) since 1971 under Project No. 09-011-05914055 pursuant to Sections 514 and 516 of the Housing Act of 1949, as amended. The Rural Economic & Community Development programs are designed to provide decent, safe, and sanitary low-rent housing and related facilities for domestic farm laborers. Effective July 1, 1992, the Board of Commissioners of Collier County transferred all of its HUD Housing Assistance Payments programs to the Authority, pursuant to an Assumption and Interlocal agreement. The transfer was approved by the U.S. Department of Housing and Urban Development pursuant to a Contract of Novation between the Authority, the County and HUD. The Authority has agreed to undertake the development and operation of certain low-rent housing projects and to provide decent, safe and sanitary housing for eligible families pursuant to Section 8 of the Housing Assistance Act by means of Housing Assistance Payments to owners through Annual Contributions Contracts numbers A-3402V (Section 8 Rental Voucher, Housing Assistance Program), and A-3402K (Section 8, Moderate Rehabilitation, Housing Assistance Program.) Reportin~ Entity: In determining how to define the reporting entity, management has considered all potential component units. The decision to include a component unit in the reporting entity was made by applying the criteria set forth in Section 2100 and 2600 of the Codification of Governmental Accounting and Financial Reporting Standards and Statement No. 14 of the Governmental Accounting Standards Board: The Financial Reporting Entity. These criteria include manifestation of oversight responsibility including financial accountability, appointment of a voting majority, imposition of will, financial benefit to or burden on a primary organization, financial accountability as a result of fiscal dependency, potential for dual inclusion, and organizations included in the reporting entity although the primary organization is not financially accountable. Based upon the application of these criteria, the reporting entity has the following component unit: CCHA Land Development Corporation - this component unit has been blended for financial statement presentation. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) A - Summary of Significant Accounting Policies and Organization: (Continued) 2. ReportingEntitv: (Continued) e 1611 The financial statements of the Collier County Housing Authority include Rural Economic & Community Development Farm Labor Housing, Section 8 Housing Assistance Programs under Annual Contributions Contract A-3402, and the CCHA Land Development Corporation, which is a non-profit corporation organized, incorporated and controlled, by the Collier County Housing Authority. Basis of Presentation and Accountinm In accordance with uniform financial reporting standards for HUD housing programs, the financial statements are prepared in accordance with U. S. generally accepted accounting principles (GAAP). Based upon compelling reasons offered by the U.S. Department of HUD, the Authority reports under the governmental proprietary fund type (enterprise fund), which uses the accrual basis of accounting. The enterprise fund emphasizes the flow of economic resources measurement focus. In this fund, revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred. Pursuant to the election option made available by GASB Statement No. 20, pronouncements of the Financial Accounting Standards Board (FASB) issued after November 30, 1989 are applied in the preparation of the financial statements. The enterprise fund is used to account for those operations that are financed and operated in a manner similar to private business, or where the Board has decided that the determination of revenues earned, costs incurred, and/or net income is necessary for management accountability. The intent of the governing body is that the costs (expenses including depreciation) of providing services to the general public on a continuing basis be financed or recovered primarily through user charges. Bud~tets: Budgets are prepared on an annual basis for each major operating program and are used as a management tool throughout the accounting cycle. The capital fund budgets are adopted on a "project length" basis. Budgets are not, however, legally adopted nor legally required for financial statement presentation. Cash Equivalents: Cash equivalents consist principally of demand deposits and certificates of deposit. These are stated at fair value. Interoro~ram Receivables and Payables: Interprogram receivables/payables are all current, and are the result of the use of the Public Housing Program as the common paymaster for shared costs of the Authority. Cash settlements are made periodically, and all interprogram balances net zero. Offsetting due to/due from balances are eliminated for the Financial Statement presentation. 7 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida 1611 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) Summary of Significant Accounting Policies and Organization: (Continued) 7. Investments: Investments are recorded at fair value. Investment instruments consist only of items specifically approved for public housing agencies by the HUD and the U.S. Department of Agriculture. Investments are either insured or collateralized using the dedicated method. Under the dedicated method of collateralization, all deposits and investments over the federal depository insurance coverage are collateralized with securities held by the Authority's agent in the Authority's name. It is the Authority's policy that all funds on deposit are collateralized in accordance with both HUD requirements and requirements of the State of Florida. 8. Inventories: Inventories (consisting of materials and supplies) are valued at cost using the first in, first out (FI~O) method. If inventory falls below cost due to damage, deterioration or obsolescence, the Authority establishes an allowance for obsolete inventory. In accordance with the consumption method, inventory is expensed when items are actually placed in service. 9. Prepaid Expenses: Payments made to vendors for goods or services that will benefit periods beyond the fiscal year end are recorded as prepaid expenses. 10. Restricted Assets: Certain assets may be classified as restricted assets on the balance sheet because their use is restricted by contracts or agreements with outside third parties and lending institutions. 11. Use of Estimates: The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent liabilities at the date of the financial statements and reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. 12. Fair Value of Financial Instruments: The carrying amount of the Authority's financial instruments at September 30, 2002 including cash, investments, accounts receivable, and accounts payable closely approximates fair value. 13. Fixed Assets: a. Book Value: All purchased fixed assets are valued at cost when historical records are available. When no historical records are available, fixed assets are valued at estimated historical cost. Land values were derived from development closeout documentation. Donated fixed assets are recorded at their fair value at the time they are received. Donor imposed restrictions are deemed to expire as the asset depreciates. All normal expenditures of preparing an asset for use are capitalized when they meet or exceed the capitalization threshold. 8 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) A - Summary of Significant Accounting Policies and Organization: (Continued) 13. Fixed Assets: 14. 15. 16. b. Depreciation: The cost of buildings and equipment is depreciated over the estimated useful lives of the related assets on a composite basis using the straight-line method. Depreciation commences on modernization and development additions in the year following completion. The useful lives of buildings and equipment for purposes of computing depreciation are as follows: Buildings Modernization Office and Other Furniture 20-30 years 15 years 3-5 years Ce Maintenance and Repairs Expenditures: Maintenance and repairs expenditures are charged to operations when incurred. Betterments in excess of $500 are capitalized. When buildings and equipment are sold or otherwise disposed of, the asset account and related accumulated depreciation account are relieved, and any gain or loss is included in operations. Compensated Absences: Compensated absences are those absences for which employees will be paid, such as vacation and sick leave. A liability for compensated absences that are attributable to services already rendered and that are not contingent on a specific event that is outside the control of the Authority and its employees, is accrued as employees earn the fights to the benefits. Compensated absences that relate to future services or that are contingent on a specific event that is outside the control of the Authority and its employees are accounted for in the period in which such services are rendered or in which such events take place. Litieation Losses: The Authority recognizes estimated losses related to litigation in the period in which the occasion giving rise to the loss occurred, the loss is probable and the loss is reasonably estimable. Annual Contribution Contracts: Annual Contribution contracts provide that HUD shall have the authority to audit and examine the records of public housing authorities. Accordingly, final determination of the Authofity's financing and contribution status for the Annual Contribution Contracts is the responsibility of HUD based upon financial reports submitted by the Authority. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) 1611 A - Summary of Significant Accounting Policies and Organization: (Continued) 17. Risk Manaeement: The Authority is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Authority carries commercial insurance for all risks of loss, including workers' compensation and employee health and accident insurance. Settled claims resulting fromthese risks have not exceeded commercial insurance coverage in any of the past three fiscal years. Additionally, there have been no significant reductions in insurance coverage from the prior year. Deposits and Investments: For purposes of the Statement of Cash Flows, the Authority considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased and non-negotiable certificates of deposit with a maturity of one year or less when purchased to be cash equivalents. There were no noncash investing, capital and financing activities during the year. HUD requires authorities to invest excess funds in obligations of the United States, certificates of deposit or any other federally insured instruments. HUD also requires that deposits be fully collateralized at all times. Acceptable collateralization includes FDIC/FSLIC insurance and the market value of securities purchased and pledged to the political subdivision. Pursuant to HUD restrictions, obligations of the United States are allowed as security for deposits. Obligations furnished as security must be held by the Authority or with an unaffiliated bank or trust company for the account of the Authority. It is the Authority's policy to maintain collateralization in accordance with state and HUD requirements. Deposits: The three credit risk categories for deposits are defined as follows: (1) Insured or collateralized with securities held by the entity or by its agent (correspondent bank or Federal Reserve Bank) in the entity's name. (2) Collateralized with securities held by the pledging financial institution trust department or agent in the entity's name. (3) Uncollateralized or collateralized with securities held by the pledging financial institution or by its trust department or agent but not in the entity's name. 10 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) B- Deposits and Investments: (Continued) Deposits: (Continued) At September 30, 2002, the Authority's deposit balances were as follows: Credit Risk Category 1 2 3 Demand Deposits $ 1.560.55~5 5; - $ - Fair Value $ 1,560,555 Cash on hand 1,720 Total deposits Reconciliation of Deposit Analysis to Balance Sheet: Cash and cash equivalents Resident security deposits Debt service and other reserve funds - demand deposits 581,110 125,423 855,742 Total cash and cash equivalents Investments: The three credit risk categories for investments are defined as follows: (1) Insured or registered, or securities held by the government or its agent in the government's name. (2) Uninsured and unregistered, with securities held by the counter-party's trust department or agent in the government's name. (3) Uninsured and unregistered, with securities held by the counter-party, or by its trust department or agent but not in the government's name. At September 30, 2002, the Authority's investment balances were as follows: Government Bonds Credit Risk Category 1 2 3 Fair Value 334:095 $ $ $ 334:095 Reconciliation of Investment Analysis to Balance Sheet: Debt service and other reserve funds - investment portion $334,095 11 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) Accounts Receivable - Other Government: Due from U S. Department of Agriculture (Rural Development) Rural Rental Assistance - September 30, 2002 allocation Department of Community Affairs (DCA) Dormitory $37,617 39,621 D - Accounts Receivable: Accounts receivable at September 30, 2002 consist of the following: Dwelling rents (net of allowance for doubtful accounts of $57,759) $38.953 E - Prepaid Expense: Prepaid expense and other assets at September 30, 2002 consist of the following: Prepaid insurance F - Land~ Buildings and Equipment: Adjustment Balance to Restate Adjusted Transfers Balance September 30, Beginning Beginning and September 30, 2001 Balance Balance Additions Deletions 2002 Land $ 2,216,231 $ $ 2,216,231 $ . $ $ 2,216,231 Buildings 20,561,952 20,561,952 - 20,561,952 Equipment Dwelling 527,004 527,004 ( 19,889) 507,115 Equipment - Administration 1,034,863 1,000 1,035,863 67,955 ( 21,781) 1,082,037 Leasehold Improvements 2,843,229 - 2,843,229 2,843,229 Construction in Process 85,575 85,57..5. 701,571 787,146 Total 27,268,854 1,000 27,269~854 769,526. ( 41,670) 27,997~710 Accumulated Depreciation { 11,392,151) {11~392,151) I[ 995,554) 28~875 ( 12,358,830} TOTAL ~ ,~ 1.000 $15:877:703 $( 226.fl28} 5( 12:795) ~ 12 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) F - Land. Buildings and Eouioment: (Continued) Operating expenses include depreciation on all depreciable fixed assets. Depreciation is recognized on assets acquired or constructed under the Rural Economic & Community Development loan and grant programs, which are restricted for capital acquisitions or construction. Such grants are reported as contributed capital. However, depreciation expense and the related contributed capital accounts are not reduced for amounts recognized through such resources. The following Rural Economic & Community Development capital grants for construction of farm labor housing are reported as contributed capital as of September 30, 2002. Proiect Name Purpose Amount Farm worker Village 150 Units $1,636,930 Phase I section A (1974) Farm worker Village Phase II Section B 126 Units 2,234,150 (1978) Farm worker Village Phase III Section C 215 Units 7,219,008 (1983) Farm worker/Collier Village Phase IV Section D 80 Units 2,795,610 (1991) Farm Worker Village Phase V Section E (5-A) 35 Units 1,530,000 (1999) Farm Worker Village Phase V Section E (5-B) 35 Units 1,084,925 (2001) Total 641 Units G-Revenue Bonds Payable: Capital facilities are financed by debt which is guaranteed and subsidized by U. S. Department of Agriculture, Rural Economic & Community Development (RECD). The Authority presently has bonds payable on its farm laborer housing projects which are due annually in installments of varying principal and interest amounts. Revenue bonds payable at September 30, 2002, are as follows: Collier County Housing Authority Revenue Bonds, Series A, 1%, due annually on January 1 in principal amounts of $26,000 to $30,000 with interest to January 1, 2005 $ 90,000 13 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1611 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) G - Revenue Bonds Payable,: (Continued) Collier County Housing Authority Revenue Bonds, Series B, 1%, due annually on September 1 in principal amounts of $31,000 to $37,000 with interest to September 1, 2010 286,000 Collier County Housing Authority Revenue Bonds, Series C. 1%, due annually on September 1 in principal amounts of $54,000 to $68,000 with interest to September 1, 2014 764,000 Collier County Housing Authority Revenue Bonds, Series D, 1%, due annually on September 1 in principal amounts of $24,380 to $33,000 with interest to September 1, 2023 621,000 Collier County Housing Authority Revenue Bonds, Series E, 1%, due annually on September 1 in principal amounts of $27,000 to $36,000 with interest to September 1,2031 916,000 Collier County Housing Authority Revenue Bonds, Series F, 1%, due annually on September 1 in principal amounts of $39,072 to $52,000 with interest to September 1, 2032 1,376,000 Less portion classified as current 4,053,000 214,075 Total long-term debt The revenues of the project are pledged to the payment of principal and interest on the revenue bonds. The bonds are redeemable before maturity, at the option of the Authority, in inverse numerical and maturity order, on any interest payment date upon giving 40 days written notice to Rural Economic & Community Development. 14 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) G- Revenue Bonds Payable: (Continued) Maturities of long-term debt for each of the five succeeding years and in the aggregate are as follows at September 30, 2002: Fiscal Year Ending September30, 2003 $ 219,000 2004 222,000 2005 222,000 2006 195,000 2007 195,000 Therea~er 3,000,000 $4.053.000 Sinking Fund Debt Service Account Under the terms of the revenue bonds, a sinking fund has been established to provide debt service funding. After operation and maintenance requirements are met, the Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bonds. The amount required to be transferred during the year ended September 30, 2002 in order to meet debt service requirements was $257,745 which was accomplished. The cash balance in the sinking fund debt service account at September 30, 2002 was $73,291, which was $51,811 more than the required balance of $21,480. The Authority was in compliance with this requirement during the year ended September 30, 2002. Sinking Fund Reserve Account Immediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in the reserve account are only withdrawn upon written prior approval of Rural Economic & Community Development: The Authority is required to make monthly reserve deposits in the amount of $24,375 plus the amount of any deficiency in prior deposits to the reserve account until funds and investments in the reserve account shall equal $2,514,900. The aggregate deposits to the reserve account for the year ended September 30, 2002 were $293,416, which was equal to the required annual aggregate deposits. Withdrawals from the sinking fund reserve account are authorized for the following purposes: a) To meet principal and interest payments due on the bonds in the event the sinking fund debt service account balance is not sufficient for that purpose. b) To pay costs of extraordinary repairs or replacements to the project which is not considered current expenses. c) To make improvements or extensions to the project. 15 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) G - Revenue Bonds Payable: (Continued) Sinking Fund Reserve Account (Continued) d) For other purposes desired by the Authority which will promote it's purpose without jeopardizing the collectability of the bonds or underlying security. e) To the extent the reserve account exceeds $2,514,900, to purchase bonds before maturity in the prescribed manner. During the year ended September 30, 2002, the Authority was authorized to transfer $388,826 from the Sinking Fund Reserve account to the Construction Fund. The authorized transfers were made to pay the costs of extraordinary repairs or replacements to the project which is not considered current expenses and to make improvements or extensions to the project. The actual transfers to the construction fund aggregated $2,089,744 which was within the amount authorized for the related approved withdrawals. Construction Fund The construction fund is used to account for grant and loan funds received from Rural Economic & Community Development and other sources and to record construction activities. During the year ended September 30, 2002, expenditures from the Construction Fund for authorized construction activity aggregated $1,700,918 which was within the amount authorized for the related approved withdrawals. In the Rural Economic & Community Development enterprise fund reservations of retained earnings have been established in conjunction with debt issuance requirements or policy directives as stipulated by the respective aforementioned funds. Long Term Note Payable: The Authority established a non-profit corporation entitled Collier County Housing Authority's Land Acquisition New Development Incorporated (CCHA's Land, Inc.) to serve as its land bank. Certain of CCHA's Land, Inc.'s Board of Directors also serve on the Board of Commissioners of the Authority. It is CCHA's Land, Inc.'s intent to sell the land to the Authority at below market rate for the development of low-rent housing. As of September 30, 2002, the Authority authorized loans aggregating $24,000 to CCHA's Land, Inc. to secure financing purchases of leased automobiles to the Housing Authority. The loan is due in a balloon payment of $24,000 on August 1, 2003 with an interest rate of 3% payable annually. The loan is carried as an interprogram asset and liability in the accompanying balance sheets of $24,000. I - Deferred Revenue: Deferred revenue at September 30, 2002 consists of the following: Tenant and prepaid rents $29,475 Other 4,820 16 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) J - Annual Contributions by HUD: Annual Contributions A-3402 Annual Contributions Contracts A3402-V and A-3402K for Section 8 programs provide for housing assistance payments to private owners of residential units on behalf of eligible low or very low existing and moderately rehabilitated housing covering the difference between the maximum rental on a dwelling unit, and the amount of rent contribution by a participating family and related administrative expense. The Authority is also eligible to receive reimbursement for preliminary expenses prior to lease up. HUD contributions for the year ended September 30, 2002 were as follows: Section 8 Rental Vouchers Moderate rehabilitation $2,956,548 15,477 K- Pension Plan: Plan Description The Collier County Housing Authority's Defined Benefit Pension Plan and Trust is a single-employer retirement plan overseen by an outside fiduciary covering all eligible employees. The Plan is administered by United States Pension Services, Inc. It was established in 1988 by resolution and became effective October 1, 1987. There were no amendments to the Plan during the year ended September 30, 2002. All full-time employees who have attained age 18 are eligible to participate in the Plan provided they have completed one (1) year of service. Eligibility for retirement is attained at age 64 or the 10th anniversary of joining the Plan whichever is later. Vesting at 100% requires four (4) years of credited service with vesting beginning at 33% at two years of credited service and increasing 33% per year. Employees who retire at or after age 65 with 10 years of credited services are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 30% of the average salary during their last five years of employment, for each year of credited service up to 10 years, and 30% for each year over 10 years for at least 30 years of service. The Plan also provides death and disability benefits and life insurance equal to 50 times the monthly retirement benefit. These benefit provisions and all other requirements are established by Florida Statute and the Employee Retirement Income Security Act of 1974, commonly called "ERISA". As of September 30, 2002, the Plan included 36 participants and a total annual covered compensation of $733,833. The total Authority payroll as of September 30, 2002 was $953,382. Membership in the Plan is comprised of the following: Active employees Terminated vested participants 23 13 17 Kg COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) Pension Plan: (Continued) All contributions are made by the Authority. Employee contributions are not permitted. Contributions to the Plan to be made during fiscal year ended September 30, 2002 were actuarially computed using the Frozen Initial Liability Cost Method. Funding Status and Progress The amount shown below as the "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increase and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is indented to help users assess the funding status of the Plan on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits, and is independent of the funding method used to determine contributions to the Plan. The pension benefit obligation was computed as part of the actuarial valuation performed October 1, 2000. Significant actuarial assumptions used in the valuation include the following: a. Life expectancy is calculated using the 83 GAM with 0 years adjustment Mortality Table. b. Annual rate of return on the investments of present and future assets of 7%. c. Annual projected salary increases of 5% d. Retirement age of 65. Actuarially Determined Contribution Requirements and Contribution Made The Plan's funding policy provides for actuarially determined periodic contributions at rates that, for individual employees, increase gradually over time so that sufficient assets will be available to pay benefits when due. The contribution rate for normal cost is based upon the level percentage of payroll method. The Plan uses the frozen initial liability method to amortize the unfunded frozen initial liability over 12 years. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation described above, except interest earning is assumed at 7%. 18 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) K- Pension Plan: (Continued) The contribution to the Plan for September 30, 2002 of $87,368 (12% of current covered payroll) was accrued in accordance with actuarially determined requirements computed through an actuarial valuation performed as of October 1, 1998. The contribution consisted of the following: a) Normal cost (9.43% of current covered payroll) b) Amortization of unfunded frozen initial liability and interest $ 72,972 14,396 Total current contribution Trend Information Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Historical trend information on the Plan is being accumulated as follows: Net assets available for benefits 2000 1999 1998 $ 961,626 $ 858,300 $ 768,880 Pension benefit obligation 762,914 770,815 583,621 Percentage funded 100.0% 100.0% 100.0% Annual covered payroll 611,094 623,982 632,010 Unfunded pension benefit obligation as a percentage of annual covered payroll O.O% O.O% 0.0% Employer contributions as a percentage of annual covered payroll 13% 17.9% 18.% All employer contributions were made in accordance with actuarially determined requirements. 19 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) Compensated Absences Payable: The cost of current leave privileges computed in accordance with GASB Statement No. 16, "Compensated Absences", is recognized as a current year expenditure in the period in which it is earned, in accordance with U.S. generally accepted accounting principles. At September 30, 2002 total leave to be paid upon termination is $40,905. Economic Dependency: The Authority receives approximately 67% of its revenues from the U. S. Department of Agriculture and the U. S. Department of Housing and Urban Development (HUD). If the amount of revenues received from these Federal Agencies falls below critical levels, the Authority's operating reserves could be adversely affected. Commitments: The Authority is engaged in a modernization program funded by HUD. In this regard, the Authority has entered into construction-type contracts with approximately $3,189,154 remaining until completion. Contingencies: The Authority is subject to possible examinations made by Federal and State authorities who determine compliance with terms, conditions, laws and regulations governing other grants given to the Authority in the current and prior years. There were no such examinations for the year ended September 30, 2002. Litieation: As of September 30, 2002, the Authority was involved with various litigations arising from operation of its low-rent housing program. In the opinion of the Authority's legal council, such losses, if any, resulting from litigation would be adequately covered by insurance. Q - Schedule of Chances in Fund Equity: Balance beginning of year Adjustments to restate beginning balance* Contributed Retained Capital Earnines $ 14,952,383 $(1,866,008) Total $ 13,086,375 (740,011) 756,533 16,522 Adjusted balance beginning of year Net loss Depreciation add back 14,212,372 (1,109,475) 13,102,897 198,072 198,072 ( 7,514) 7,514 Balance at end of year ~ $(903:889) 20 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2002 (Continued) Q- Schedule of Changes in Fund Equity: (Continued) 1611 *Adjustments to restate beginning balance To correct prior years for interfund deposits To record Section 8 annual settlement To correct fixed asset cost in prior years Transfer Capital Project funds to Capital Project Program Transfer Capital Project assets to Capital Project Program $(2,090) (5,288) 1,000 (62,676) 85,576 Net adjustments to restate beginning balance New Accounting Pronouncements: The Governmental Accounting Standards Board (GASB) recently issued GASB Statement No. 34, "Basic Financial Statements - and Managemcnt's Discussion and Analyses - for State and Local Governments (GASB 34)". This statement is a change in the reporting model for governmental entities. It will require a "dual perspective" approach along with management discussion and analysis and reporting o£ infrastructure assets and depreciation. Due to the significance of the changes, GASB has allowed an extended implementation period depending on the entities' revenues. The management of the Authority has indicated they will implement this standard For the fiscal year ending September 30, 2004. 21 SUPPLEMENTAL INFORMATION .< "Il I I 1611~ I I III III I I I I I I I I I I 1611 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida STATEMENT AND RECONCILIATION OF ACTUAL CAPITAL PROJECTS PROGRAM COSTS AND ADVANCES FOR THE YEAR ENDED SEPTEMBER 30, 2002 PROGRAM BUDGET ADVANCES: Cash receipts - prior years Cash receipts - current year Cumulative as of September 30, 2002 COSTS: Prior years Current year Cumulative as of September 30, 2002 Deficiency of Advances Due From HUD Actual Development Cost Certificate issued Southwest lmmokalee Revitalization Project $ 3,976,300 $ 62,678 684,847 $ 747,525 $ 85,576 701,570 $ 787,146 $ (39,621) No Soft costs Prior years Current year Cumulative as of September 30, 2002 Hard costs Prior years Current year Cumulative as of September 30, 2002 $ 85,576 701,570 $ 787,146 $ 787,146 -- Cumulative Hard and Soft Costs 24 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida STATEMENT OF REVENUES AND EXPENDITURES COMPARED TO BUDGET (PROPRIETARY FUND TYPE) RURAL ECONOMIC & COMMUNITY DEVELOPMENT SUBSIDIZED HOUSING ONLY FOR THE YEAR ENDED SEPTEMBER 30, 2002 REVENUES: Rent - housing units Rent - other £acilities Income on invested funds Other operating revenues BUDGET ACTUAL VARIANCE $ 2,052,000 $ 2,166,217 $ 114,217 37,400 38,108 708 62,000 42,317 ( 19,683) 101,100 102,525 1,425 TOTAL REVENUES 2,252~500 2,349,167 96,667 OPERATING EXPENSES: Administrative Salaries Employee benefits Contract services Insurance Other 380,717 367,304 13,413 265,689 '278,096 ( 12,407) 69,000 100,044 ( 31,044) 195,000 189,434 5,566 71,400 129,987 ( 58,587) TOTAL ADMINISTRATIVE 981,806 1,064~865 ( 83,059) Maintenance Salaries Contracts Materials and supplies 321,076 328,493 ( 7,417) 22,000 19,853 2,147 205,000 200,877 4,123 TOTAL MAINTENANCE 548~076 549~223 ( 1~147) Security Salaries Other 44,517 34,697 9,820 8,400 6,101 2,299 TOTAL SECURITY 52,917 40,798 12,119 Utilities 86,000 97,128 ( 11,128) TOTAL EXPENSES 1,668~799 1,752~014 ( 83,215) 25 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1611' STATEMENT OF REVENUES AND EXPENDITURES COMPARED TO BUDGET (PROPRIETARY FUND TYPE) RURAL ECONOMIC & COMMUNITY DEVELOPMENT SUBSIDIZED HOUSING ONLY FOR THE YEAR ENDED SEPTEMBER 30, 2002 (Continued) EXPENDITURES: Debt service Sinking fund reserve transfers Capital outlay BUDGET ACTUAL VARIANCE 257,745 256,746 999 292,475 293,416 ( 941) 33,481 76,651 ( 43,170) TOTAL EXPENDITURES AND EXPENSES 2~252~500 2~378~827 ( 126~327) EXCESS REVENUE OVER EXPENDITURES 26 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 The following is supplemental information requested by the U.S. Department of Agriculture - Rural Economic & Community Development (formerly Farmers Home Administration). 1. Schedule of Insurance Coverages At September 30, 2002, the Housing Authority had the following insurance coverage in effect: Insurance Carrier Type of Coverage ITT Hartford Insurance Company Fidelity bond/Employee Dishonesty $100,000 deductible ITT Hartford Insurance Company Workers' compensation Republic Western Automobile liability Republic Western Property, Office Building & Personal Property Fire and extended coverage (90% coinsurance) Republic Western General liability Personal injury, products, advertising Property damage Interstate Insurance Directors and officers liability Security Bond Associated, Inc Employee dishonesty ITT Hartford Insurance Company Employee dishonesty (ERISA Bond) Exemption from Real Estate and Income Taxes - The Authority is a public body corporate and politic pursuant to Chapter 421, Laws of the State of Florida which is subsidized by the Federal Government. The Authority is not subject to Federal, State income taxes, or Local property taxes, nor is it required to file Federal and State income tax returns as a public body corporate and politic pursuant to Chapter 423, Laws of the State of Florida. Amount of Coverage $ $ $ $ $ $ 2,000,000 Statutory 500,000 28,784,160 500,000 300,000 1,000,000 100,000 5,000 Term 07/12/02-07/12/03 07/24/02-07/24/03 04/28/02-04/28/03 04/28/02 -04/28/03 04/28/02-04/28/03 05/07/02-05/07/03 07/12/02-07/12/03 07/11/02-07/11/03 27 1611 e m e COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) Reserves - The Housing Authority has maintained adequate reserves for operations and Bond debt service at September 30, 2002. See also Note B to financial statements. Accounting Records and Fixed Asset Control - The accounting records maintained are adequate to facilitate budgetary reporting and analytical purposes. The fixed assets are also adequately safeguarded by the PHA personnel. Financial Reports - The financial reports included in this audit are in agreement with the accounting records of the Housing Authority after audit adjustments have been made. Deposit Funds - We noted that deposit funds are adequately insured by the FDIC and properly collateralized and are at or exceed the required reserve levels required under the Loan and Grant Agreement as of September 30, 2002. Comments on Compliance and Administrative Internal Control - We have audited the financial statements of the Collier County Housing Authority - Farm Worker Subsidized Housing Program for the year ended September 30, 2002, and has issued our report thereon December 4, 2001. Based on our tests of transactions and examination of records as required by the Audit Guide. We believe that Collier County Housing Authority - Farm Worker Subsidized Housing Program has complied with the financial terms and conditions of the contract with the regulations, policies and procedures prescribed by the U.S. Department of Agriculture, Rural Economic & Community Development (formerly Farmers Home Administration), loan agreement, and the financial regulations and procedures prescribed by management and those of its governing board. As a part of our audit, we reviewed and tested the Housing Authority's system of internal control to the extent we considered it necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purposes of such evaluations are to establish a basis of reliance on the system of internal accounting control in determining the nature, timing and extent of other auditing procedures that are necessary for expressing an opinion on the financial statements and to assist the auditor in planning and performing the audit of the financial statements. Additionally, our audit included procedures necessary in our judgment to determine compliance with contractual terms and conditions and regulations, policies and procedures prescribed by the Rural Economic & Community Development (formerly Farmers Home Administration) and by management and the governing board of the Authority. 28 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) 7. Comments on Compliance and Administrative Internal Control (Continued) The objective of internal accounting control is to provide reasonable, but not absolute, assurance as to the safeguarding of assets against loss from unauthorized use or disposition, and the reliability of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes that the evaluation of these factors necessarily requires estimates and judgements by management. There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunderstanding of instructions, mistakes of judgement, carelessness, or other personal factors. Control procedures whose effectiveness depends upon segregation of duties can be circumvented by collusion. Similarly, control procedures can be circumvented intentionally by management with respect to the estimates and judgements required in the preparation of financial statements. Further, projection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions, and that the degree of compliance with the procedures may deteriorate. Our audit of the financial statements made in accordance with generally accepted auditing standards, including the study and evaluation of the PHA's system of internal control for the period ended September 30, 2002, that was made for the purposes set forth in the first paragraph of this report, would not necessarily disclose all weaknesses in the system because it was based on selective tests of accounting records and related data. However, such study and evaluation disclosed no conditions that we believe to be material weaknesses or evidence of noncompliance. These conditions were considered in determining the nature, timing, and extent of audit tests to be applied to our audit of the financial statements and this report of such conditions does not modify our report dated November 14, 2002 on such financial statements. Other Findings or Recommendations For the Period Ended September 30~ 2002 - There were no other reportable findings other than as outlined above within the Supplemental Information part of this report. 29 10. 11. 12. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1611' FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) The Required Schedules of Expenditures of Federal Awards along with required reports on Internal controls and Federal Compliance as outlined under Office of Management and Budget (OMB) Circular A-133 were issued to thc Housing Authority as one report, as mandated by the Amended Single Audit Act of 1996 Amendment (Public Law 104-156). Accounts Receivable-Tenants - Tenants accounts receivable at September 30, 2002 totaling $38,953, were accounts aged at thirty days (30) or less. Accounts Payable consist of $47,828 at September 30, 2002. This balance which is payable to reoccurring vendors is for services or purchases of thirty days (30) or less. Management Fees - The Collier County Housing Authority is'the owner of the Farm Worker Subsidized Housing Program, and does not charge any management fees to administer this project. 30 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1611 FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) 13. Schedule of Financial Institution Where the Housing Authority Maintains its Bank Accounts NAME OF FINANCIAL INSTITUTION ACCOUNT NAME Florida Community Bank 1400 North 15th Street Immokalee, Florida 33934 FSS Escrow - Section 8 Operation and Maintenance - RD Revenue Fund CCHA Scholarship Fund Security Deposit Fund Bond & Interest Certificates of Deposit Pension Fund CCHA, Inc. Cash Construction Fund First Union National Bank P.O. Box 2870 Jacksonville, Florida 32231 Insurance Reserve Fund Bond & Interest Sinking Fund Reserve Bank of America P. O. Box 31590 Tampa, Florida 33631-3590 Section 8 Operation Payroll Account Special Events Account Cash Construction Fund Certificates of Deposit First National Bank of Naples 900 Goodlette Road Naples, Florida 34102 Certificate of Deposit Certificate of Deposit ACCOUNT BALANCE 4,952 51,125 219,187 1,497 125,423 100 290,768 22,211 35,890 4,354 755,507 13,448 73,291 170,262 257,001 197,492 33,255 1,028 22,087 100,000 353,862 100,000 100,000 200,000 CLASSIFICATION Cash-Restricted Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Restricted Fund Cash-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Cash - Unrestricted Cash - Restricted Cash-Unrestricted Fund Cash-Reserve Fund Cash-Reserve Fund Cash-Unrestricted Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Reserve Fund Investments-Reserve Fund Investments - Reserve Fund Investments - Reserve Fund 31 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) 13. Schedule of Financial Institution Where the Housing Authority Maintains its Bank Accounts (Continued) NAME OF FINANCIAL INSTITUTION ACCOUNT NAME Independent Bankers' Bank of Florida P.O. Box 4998 Orlando, Florida 32802-4998 Pinellas County Sewer Revenue Bond Palm Beach County Criminal Justice Palm Beach County Florida Health Facility Authority Revenue Bond Marion County Florida School District Palm Beach Florida Improvement Redevelopment Pinellas Park Florida Infrastructure Sales Tax Miami Dade County Florida Solid Waste System Palm Beach Florida Waste System Brevard County Florida Tax Reform TOTAL 1611? ACCOUNT BALANCE 25,000 25,000 35,000 20,000 65,000 10,000 25,000 50,000 75,000 330~000 CLASSIFICATION Investments - Reserve Fund Investments - Reserve Fund Investments - Reserve Fund Investments - Reserve Ftmd Investments - Reserve Fund Investments - Reserve Fund Investments - Reserve Fund Investments - Reserve Fund Investment - Reserve Fund The above amounts were confirmed with the institution listed at September 30, 2002 32 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida 1611 FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) 14. Schedule and Computation of Current Return to Owners Allowed Not applicable, because the Housing Authority, is a legal public Authority and not a private enterprise. 15. Schedule of Changes in Owners and Board of Commissioners - This is a local Public Authority and can never change its owners. The following is a list of the current Board of Commissioners. Commissioner Dorcas F. Howard Floyd Z. Crews Gertrude Townsend Robert Newsome Maria C. Adame 16. Schedule of Rental Information Expiration of Term October 17, 2002 November 7,2005 November 4, 2004 November 7, 2002 October 27, 2003 Address Immokalee, Florida Immokalee, Florida Immokalee, Florida Naples, Florida Immokalee, Florida UNIT SIZE One bedroom unit Two bedroom unit Three bedroom unit Four bedroom unit NUMBER RENTAL OF UNITS RATE WEEKS 66 $ 54 52 252 60 52 187 66 52 136 71 52 GROSS POTENTIAL RENT $ 185,328 786,240 641,784 502,112 TOTAL NUMBER OF UNITS 641 ACTUAL RENTAL REVENUE Tenants RECD rental assistance subsidy Vacancy Losses Percentaee Amount 87.31% $1,847,104 15.08% 319,112 102.39% 2,166,216 02.39% 50,752 100.00% $2:115~464 TOTAL GROSS POTENTIAL RENT NOTE 1 -- Rental rates were effective October 1, 2001. Management provides for the weekly collection of rent. Delinquent accounts receivable, if any, do not exceed 30 days in most instances. 33 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2002 (Continued) 17. Real Estate Taxes - The Housing Authority is a local public body corporate and politic and is tax exempt by State of'Florida, Section 423. 34 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM RHCDS PROJECT NAME: COLLIER COUNTY HOUSING PROGRAM PROJECT NUMBER: 09-011-0591 4055 CERTIFICATE OF BORROWER The information provided by the Collier County Housing Authority to Malcolm Johnson & Company, P.A., Certified Public Accountants, for the preparation of the September 30, 2002, annual audit to which this certification is attached is hereby certified to be true and correct, and it is further certified that the handling of the reserve account, the operation and maintenance account, and rental receipts of the Collier County Housing Authority was in accordance with the USDA Rural Economic & Community Development Regulations. Done this 'o~ of~ ~002 Executive Director [ 35 1611~ SINGLE AUDIT SECTION COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED SEPTEMBER 30, 2002 SECTION I - SUMMARY OF AUDITORS' RESULTS Financial Statements Type of auditors' report issued: Internal control over financial reporting: · Material weakness(es) identified? · Reportable condition(s) identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Awards Internal control over major programs: · Material weakness(es) identified? · Reportable condition(s) identified that are not considered to be material weakness(es)? Type of auditors' report issued on compliance for major programs: Any audit findings disclosed that are required to be reported in accordance with section 510(a) of Circular A-1337 Identification of major programs: CFDA Number Name of Federal Program 14.855 Section 8 Rental Vouchers 10.427 Rural Rental Assistance - RECD Dollar threshold used to distinguish between type A and type B programs: Auditee qualified as low-risk auditee? 1611 Unqualified No None reported No No None reported Unqualified No $300,000 Yes 36 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED SEPTEMBER 30, 2002 (Continued) SECTION II - FINANCIAL STATEMENT FINDINGS There were no Financial Statement Findings. 16/1 SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS There were no Federal Award Findings and Questioned Costs. SECTION IV - SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS There were no Prior Audit Findings. 37 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED SEPTEMBER 30, 2002 FEDERAL GRANTOR PASS CFDA NUMBER PROGRAM TITLE U.S. Department of Housing and Urban Development- 10.427 Rental Rural Housing 14.856 Section 8 Moderate Rehabilitation Program 14.855 Section 8 Rental Voucher Program 84.002 Family Literacy Program 10.405 Rural Development Capital Projects Program Total Federal Awards Expenditures THRU ENTITY NA NA NA NA Florida Department of Community Affairs Notes to the Schedule of Expenditures of Federal Awards A. Basis of Accounting; This schedule is prepared on the accrual basis o£ accounting. 1611 FEDERAL EXPENDITURES $ 319,112 15,477 2,956,548 97,882 701,570 $ 4~090~589 B. Reconciliation of Total Federal Awards Expenditures to Financial Data Schedule; FDS line 706 HUD PHA Grants FDS line 708 Other Government Grants $ 2,972,025 1,118,564 C $ 42090,589 Other considerations in determining major and non-major program requirements. The Authority is administering 641 units o£housing under the U.S. Department o£Agriculture's Rural Economic & Community Development program. The financing for construction of this housing project was provided by this Agency for Farm Labor Housing Loans & Grants (Federal CFDA Number 10.405). At September 30, 2002, the balance o£the long-term debt due to the U.S. Department of Agriculture's Rural Economic & Community Development was 4,053,000. This loan balance has been considered as a part of the computation to determine the major and non major program requirement under OMB circular 133. 38 MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 210 N. HIGHWAY 17-92 P.O. BOX 530848 DEBARY, FLORIDA 32753-0848 16ll TELEPHONE (386) 668-6464 FACSIMILE (386) 668-6463 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAl. REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commissioners Collier County Housing Authority Immokalee, Florida HUD, Miami Area Office Office of Public Housing 909 S. E. First Avenue, Room 500 Miami, Florida 33131 We have audited the financial statements of the Collier County Housing Authority ("the Authority") as of and for the year ended September 30, 2002, and have issued our report thereon dated November 14, 2002. We conducted our audit in accordance with U. S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Authority's financial statements are free of material misstatement, we performed tests of its compliance with certain provision of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of £mancial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting. In planning and performing our audit, we considered the Authority's intemal control over £mancial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information and use of the Authority's management and federal awarding agencies and pass- through entities, and is not intended to be and should not be used by anyone othel[kt_han these specified parties. Malcolm Johnson & Company, P.A. Certified Public Accountants DeBary, Florida November 14, 2002 39 MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 210 N. HIGHWAY 17-92 P.O. BOX 530848 DEBARY, FLORIDA 32753-0848 1611" TELEPHONE (386) 668-6464 FACSIMILE (386) 668-6463 REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 Board of Commissioners Collier County Housing Authority Immokalee, Florida HUD, Miami Area Office Office of Public Housing 909 S. E. First Avenue, Room 500 Miami, Florida 33131 Compliance We have audited the compliance of the Collier County Housing Authority ("the Authority") with the types of compliance requirements described in the U. S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended September 30, 2002. The Authority's major federal programs are identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the Authority's management. Our responsibility is to express an opinion on the Authority's compliance based on our audit. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organization.q. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance occurred with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program. An audit includes examining, on a test basis, evidence about the Authority's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the Authority's compliance with those requirements. In our opinion, the Collier County Housing Authority complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended September 30, 2002. We noted other immaterial instances of noncompliance that we have reported to management/Board of Commissioners of the Authority in a separate letter dated November 14, 2002. Internal Control Over Compliance The management of the Authority is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit we considered the Authority's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. 40 Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended for the information and use of the Authority's management and federal awarding agencies and pass- through entities, and is not intended to be and should not be used by anyone other than these specified parties. Malcolm Johnson & Company, P.A. Certified Public Accountants DeBary, Florida November 14, 2002 41 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. COW :~LOIJGH WATER CONTROL DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Cow Slough Water Control District, has submitted the following: (a) (b) (c) Annual Audit Report FY ending September 30, 2002 Management Letter Response to Management Letter Thank you :\special\special Copies To: COW SLOUGH WATER CONTROL DISTRICT POST OFFICE BOX January 24, 2003 1986,ARCADIA,FL 34265/PHONE:863-494-4021/FAX: 863-494-5361 1611 -~ECEIVED lAN ,3 1 2003 :iNANCE DEPT Mr. James Giles Clerk of the Circuit Court Collier County 3301 Tamiami Trail Naples, Florida 33941-3044 Dear Mr. Giles: In accordance with the requirements of Florida Statutes, Sections 11.45 and 218.32 (!) (b), enclosed please find one copy of the Annual Financial Report and one copy of the Annual Local Government Financial Report for fiscal year ended September 2002, for the Cow Slough Water Control District. Thank you. District Administrator Cow Slough Water Control District Enclosures (2) A:\CSAUDIT. LET 1611 m O C) C) '-o -o m N r./) Cb ~ -n -'n ~ =° ~° ~° o:"r o~ :q '~' ~' ,~:- ~ .5' 5' z ~ c,,. 0 0 E -.4 z fq Z Z 0 0 1611-~ rtl < o E. 16-11 ' Boy, Miller, Kisker & Perry, P.A. CERTIFIED PUBLIC ACCOUNTANTS RECEIVED lAN 3 1 ;~003 '~NANCE DEPT COW SLOUGH WATER CONTROL DISTRICT Annual Financial Report September 30, 2002 COW SLOUGH WATER CONTROL DISTRICT 1611 September 30, 2002 Table of Contents Independent Auditors' Report General Purpose Financial Statements Balance Sheet - General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance - General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund Notes to Financial Statements Letters of Comment to Management Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Independent Auditors' Management Letter Auditee's Response to Auditors' Reports and Management Letter Paqes 4 5-8 9-10 11-12 13 BOY, MILLER, KISKER & PERRY, P.A. 401 SOUTH W.C. OWEN AVENUE P. O. BOX 488 CLEWISTON, FLORIDA 33440 (863) 983-5144 (863) 983-9164 FAX (863) 983-3765 brakpcpas~aol.com JOH~ B. BOY, JR., C.P.A. DAVID N. MILLER, C.P.A. WILLIAM C. KISKER, JR., C.P.A. JOHN C. PERRY, C.P.A. CERTIFIED PUBLIC ACCOUNTANTS 1611 INDEPENDENT AUDITORS' REPORT 90 YEOMANS AVENUE P. O. BOX 490 LABELLE, FLORIDA 33975 (863) 675-3777 FAX (863) 675-0576 bmkpcpas~aol, com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Board of Supervisors Cow Slough Water Control District LaBelle, Florida We have audited the accompanying general purpose financial statements of Cow Slough Water Control District, as of and for the year ended September 30, 2002, as listed in the table of contents. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditinq Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. 3~n audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Cow Slough Water Control District, as of September 30, 2002, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditinq Standards, we have also issued our report dated January 10, 2003, on our consideration of Cow Slough Water Control District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grants. That report is an integral part of an audit performed in accordance with Government Auditinq Standards and should be read in conjunction with this report in considering the results of our audit. January 10, 2003 COW SLOUGH WATER CONTROL DISTRICT Balance Sheet General Fund September 30, 2002 1611*' Assets Investments Due from other governments Total assets $ 93,283 216 $ 93,499 Liabilities and fund equity Liabilities Accounts payable Fund equity Fund balance Reserved Reserved for subsequent year's expenditures Unreserved Undesignated Total fund equity Total liabilities and fund equity $ 801 10,000 82,698 92,698 $ 93,499 See accompanying notes. 2 COW SLOUGH WATER CONTROL DISTRICT Statement of Revenues, Expenditures, and Changes in Fund Balance General Fund For the Year Ended September 30, 2002 161] Revenues Assessments Interest net of discounts Total revenues Expenditures Current Physical environment Canal maintenance Administrator Down stream maintenance Engineering fees Audit fees Water quality analysis Attorney fees Insurance Assessment fees Dues Office expenditures Postage Legal advertisements Total expenditures Excess of revenues over expenditures Fund balance - October 1, 2001 Fund balance - September 30, 2002 $61,079 1,072 62,151 15,822 10,000 7,816 3,100 3,000 2,760 2,241 1,940 1,700 675 624 395 214 50,287 11,864 80,834 $92,698 See accompanying notes. 3 COW SLOUGH WATER CONTROL DISTRICT Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund For the Year Ended September 30, 2002 Revenues Assessments - net of discounts Interest Total revenues Expenditures Current Physical environment Canal maintenance Administrator Down stream maintenance Engineering fees Audit fees Water quality analysis Attorney fees Insurance Assessment fees Dues Office expenditures Postage Legal advertisements Total expenditures Excess of revenues over (under) expenditures Fund balance - October 1, 2001 Fund balance - September 30, 2002 Budqet $ 62,962 62,962 20 000 10 000 15 835 8 000 3 000 3 000 4 000 1 940 2 518 710 625 6O0 215 70,443 $ (7,481) Actual $61,079 1,072 62,151 15,822 10,000 7,816 3,100 3,000 2,760 2,241 1,940 1,700 675 624 395 214 50,287 11,864 80,834 $92,698 Variance - Favorable (Unfavorable/ $(1,883) 1,072 (8il) 4,178 8,019 4,900 240 1,759 818 35 1 205 1 20,156 $19,345 See accompanying notes. 4 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2002 The accountin9 methods and procedures adopted by Cow Slough Water Control District conform to generally accepted accountin~ principles as applied to ~overnmental entities. The followin~ notes to the financial statements are an integral part of the District's Annual Financial Report. NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Financial Reportinq Entity Cow Slough Water Control District was created by Chapter 89-426, Senate Bill No. 1511, Laws of Florida, Acts of 1989. The operations of the District are fundamentally ~overned by special acts pertainin~ to the District. The District is an independent special district created pursuant to the method authorized in Chapter 298 of the Florida Statutes. A three-member Board of Supervisors elected by the landowners of the District ~overns the District. The Board appoints an Administrator to administer the policies emanatin~ from its statutory powers and authority. Government Accounting Standards Board (GASB) Statement 14 entitled "The Financial Reporting Entity" establishes criteria for determinin~ which organizations should be included in a governmental financial reporting entity. Based upon application of these criteria, the District has determined that there are no additional 9overnmental departments, a~encies, institutions, commissions, public authorities or other governmental organizations operating within the jurisdiction of the Supervisors that would be considered component units to be included in the ~eneral purpose financial statements of Cow Slou~h Water Control District. Basis of Presentation - Fund Accountinq The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Currently, all financial resources of the District are accounted for in the General Fund. The General Fund is classified as a 9overnmental fund type and is used to account for all revenue and expenditures applicable to the operations of the District which are not properly accounted for in another fund. Public Domain or "Infrastructure" Fixed Assets Public domain or "infrastructure" fixed assets of the District, which consist of canals, dikes, roads, and drainage systems, are not capitalized. 5 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2002 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Basis of Accountinq Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. Ail governmental funds are accounted for using the modified accrual basis of accounting. Under this method, revenues are recognized in the accounting period when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred, if measurable, except expenditures for debt service, prepaid expenses, and other long-term obligations, which are recognized when paid. Budqets and Budqetar¥ Accountinq The District follows these procedures in establishing the budgetary data reflected in the financial statements: During April, the Administrator submits proposed operating budgets for the upcoming fiscal year. The operating budgets include proposed expenditures and the means of financing them. 2. A public hearing is held to obtain taxpayer comments. 3. During May, the budgets are legally enacted through passage of a resolution. 4. Ail budget changes must be approved by the Board of Supervisors. 5. The budget for the General Fund was adopted on a basis consistent with generally accepted accounting principles. Total budgeted amounts reflect all amendments approved by the Board of Supervisors. Line item changes made during the year were approved by the Board of Supervisors. Encumbrances Encumbrance accounting, under which purchase orders and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed in the District's accounting system. Investments Investments are stated at cost or amortized cost, which approximates market. 6 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2002 1611 ' NOTE 1 SI/MMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued/ Totals Column on Combined Statement The totals column on the combined statement is captioned "Memorandum Only" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position and results of operations in conformity with generally accepted accounting principles. Also, such data is not comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. NOTE 2 - ASSESSMENTS The assessment levy of the District is established by the Board of Supervisors, and becomes an enforceable lien on the property on January 1 of the following year. On May 27, 2001, the District levied an assessment of $7.29 per acre for the fiscal year ended September 30, 2002. Ail assessments are due and payable on November 1 of each year or as soon thereafter as the tax roll is delivered to the county tax collector. Liens are placed on property as of January 1. All unpaid assessments become delinquent on April 1 following the year in which they are assessed. Discounts are allowed for early payment at the rate of 4% in the month of November, 3% in the month of December, 2% in the month of January and 1% in the month of February. The assessments paid in March are without discount. On or prior to June 1 following the assessment year, certificates are sold for all delinquent taxes on real property. After sale, tax certificates bear interest of 18% per year or at any lower rate bid by the buyer. Application for a tax deed on any unredeemed tax certificates may be made by the certificate holder after a period of two years. Unsold certificates become the property of the District bearing interest at a rate of 18% per year. NOTE 3 - INVESTMENTS During the year, investments consisted of an interest-bearing bank account. These funds were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer by financial institutions which comply with the requirements of Florida Statutes and have been designated as qualified public depositories by the State Treasurer. The District's investments are categorized as either (1) insured or registered for which the securities are held by the District or its agent in the District's name, (2) uninsured and unregistered for which the securities are held by the broker or dealer, or its trust department or agent in the District's name, or (3) uninsured and unregistered for which the securities are held by the broker or dealer, or by its trust department or agent but not in the District's name. Interest-bearing bank account Cateqories Carrying Market 1 2 3 Amount Value $ 93,283 $ $ $ 93,283 $ 93,283 7 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2002 1611 NOTE 3 - INVESTMENTS (continued) Florida Statutes, Chapter 218.345, authorizes the District to invest in the Local Government Surplus Funds Trust Fund administered by the State Treasurer; negotiable direct obligations of or obligations unconditionally guaranteed by the U.S. Government; interest-bearing time deposits or savings accounts in financial institutions located in Florida and organized under Federal or Florida laws; obligations of the Federal Farm Credit Banks, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Bank or its district banks, or obligations guaranteed by the Government National Mortgage Association; securities of any open-end or closed-end management type investment company or investment trust registered under the Investment Act of 1940 provided the portfolio is limited to United States Government obligations. NOTE 4 RISK MANAGEMENT The District is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets and errors and omissions. The District is a member of the insurance program sponsored by the Florida League of Cities for general liability and public officials liability coverage. The program purchases excess and other specific coverages from third party carriers. Members of the program are billed annually for their portion of the coverage and are not assessable for unanticipated losses incurred by the program. Maximum liability coverage is $2,000,000. NOTE 5 - FUND BALANCE Reservations of the fund balances of the District are created to either (1) satisfy legal covenants that require that a portion of the fund balance be segregated, or (2) identify the portion of the fund balance that is not appropriable for future expenditures. A specific reservation of the fund balance is as follows: Reserved for Subsequent Year's Expenditures This reserve was created to represent the portion of the fund balance that is reserved for expenditure within the next fiscal year. 8 BOY, MILLER, KISKER & PERRY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 401 SOUTH W.C. OWEN AVENUE P. O. BOX 488 CLEWlSTON, FLORIDA 33440 (863) 983-5144 (863) 983-9164 FAX (863) 983-3765 bmkpcpas~aol.com JOHN B. BOY, JR., C.P.A. DAVID N. MILLER, C.P.A. WILLIAM C. KISKER, JR., C.P.A. JOHN C. PERRY, C.P.A. 90 YEOMANS AVENUE P. O. BOX 490 LABELLE, FLORIDA 33975 (863) 675-3777 FAX (863) 675-0576 bmkpcpas~aol.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Cow Slough Water Control District LaBelle, Florida We have audited the general purpose financial statements of Cow Slough Water Control District, as of and for the year ended September 30, 2002, and have issued our report thereon dated January 10, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditinq Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Cow Slough Water Control District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditinq Standards. Internal Control Over Financial Reportinq In planning and performing our audit, we considered Cow Slough Water Control District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material Internal Control Over Financial Reportinq (continued/ weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information of Cow Slough Water Control District and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. Respectfully submitted, January 10, 2003 10 BOY, MILLER, KISKER & PERRY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 4Ol SOUTH W.C. OWEN AVENUE P. O. BOX 488 CLEWISTON, FLORIDA 33440 (863) 983-5144 (863) 983-9164 FAX (863) 983-3765 bmkpcpas~aol.com JOHN B. BOY, JR., C.P.A. DAVID N. MILLER, C.P.A. WILLIAM C. KISKER, JR., C.P.A. JOHN C. PERRY, C.P.A. 1611 90 YEOMANS AVENUE P. O. BOX 490 LABELLE, FLORIDA 33975 (863) 675-3777 FAX (863) 675-0576 bmkpcpas~aol, com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' MANAGEMENT LETTER Board of Supervisors Cow Slough Water Control District LaBelle, Florida We have audited the financial statements of Cow Slough Water Control District, whose headquarters is located in Arcadia, Florida, as of and for the fiscal year ended September 30, 2002, and have issued our report thereon dated January 10, 2003. We conducted our audit in accordance with United States generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditinq Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Compliance and Internal Control Over Financial Reporting dated January 10, 2003. Disclosures in that report, if any, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1) (g) l.a.) require that we address in the management letter, if not already addressed in the auditors' report on compliance and internal controls, whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected. There were none of these items disclosed in the preceding annual financial audit report. The Rules of the Auditor General (Section 10.554(1) (g) l.b.) require that we address in the management letter, if not already addressed in the auditors' report on compliance and internal controls, whether or not recommendations made in the preceding annual financial audit report have been followed. There were no recommendations made in the preceding annual financial audit report. As required by the Rules of the Auditor General (Section 10.554(1) (g)2.), the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that Cow Slough Water Control District complied with Section 218.415, Florida Statutes. 11 1611 The Rules of the Auditor General (Sections 10.554(1) (g) 4.) require disclosure in the management letter, if not already addressed in the auditors' report on compliance and on internal controls: (1) violations of laws, rules, regulations, and contractual provisions that have occurred or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of the auditor. Our audit disclosed no matters requiring disclosure under Rules of the Auditor General (Sections 10.554(1) (g) 4.) . The Rules of the Auditor General (Section 10.554(1) (g) 5.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. Cow Slough Water Control District was created by Chapter 89-426, Senate Bill No. 1511, Laws of Florida, Acts of 1989. There are no other entities that are considered to be component units requiring disclosure in the general purpose financial statements of Cow Slough Water Control District. As required by the Rules of the Auditor General (Section 10.554(1) (g) 6.a.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit, we determined that Cow Slough Water Control District is not in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(1) (g) 6.b.), we determined that the annual financial report for Cow Slough Water Control District for the fiscal year ended September 30, 2002, filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2002. As required by the Rules of the Auditor General (Section 10.554(1) (g) 6.c.) and 10.556), we applied financial condition assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This management letter is intended solely for the information of Cow Slough Water Control District and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. Respectfully submitted, January 10, 2003 12 COW SLOUGH WATER CONTROL DISTRICT P.O. Box 1986 Arcadia, Florida 34265 January 10, 2003 AUDITEE'S RESPONSE TO AUDITORS' REPORTS AND MANAGEMENT LETTER William O. Monroe, CPA Auditor General State of Florida Dear Mr. Monroe: The Rules of the Auditor General require the audit report to include a written statement of explanation, including corrective action to be taken, or a rebuttal regarding any deficiencies cited in the auditors' reports and management letter. There were no deficiencies cited in the current year auditors' reports or management letter. Sincerely, Dallas Townsend, Supervisor Cow Slough Water Control District MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT Pursuant to Florida Statutes Chapters 189 and has submitted the following: (a) Five Year Capital Plan 190, North Naples Fire Control & Rescue District, Thank you :\special\special NORTH NAPLES FIRE CONTROL RESCUE DISTRICT FIVE YEAR CAPITAL PLAN Prepared by Deputy Chief Bill Hansell October 28, 2002 Revised November 7, 2002 MISSION STATEMENT The North Naples Fire Control and Rescue District's mission is to protect life and property while providing a superior level of fire protection, rescue missions and security within the communities it serves. The District also strives to establish a high degree of trust and confidence to the taxpayers. 2 North Naples Fire Control & Rescue District From 1980 to 2000 Naples, Florida was ranked the 2nd fastest growing metro market in the nation. The eighty square miles that encompass the North Naples Fire Control and Rescue District is one of the fastest growing areas in the state of Florida. The full-time population of North Naples is projected to increase 27,044 from 58,486 in 2003 to over 85,530 in 2013 or approximately 46%. To meet that challenge North Naples will construct two additional fire/rescue stations, purchase three emergency response vehicles, hire (33) firefighters and (2) additional inspectors. All of these resources will create a demand for appropriate support functions including; administrative, maintenance facilities, storage, along with appropriate staff and equipment. Operating cost is now projected to exceed twenty-four million by the fiscal year 2006- 2007. The continued increase in personnel accounts for the majority of this cost. Capital Cost will exceed 10 million and is within projected revenues. However, innovative solutions such as leasing the training center may have to be examined to provide larger reserves. It is important to remember this Capital plan is only a guide and it will have to be updated annually in order to provide solid and informed decisions regarding the District's future. Financial: The North Naples Fire Control & Rescue District funding sources include ad valorem taxes (1.0 Mills per $1,000 of assessed Value), impact fees for new construction (.30 per square foot commercial,. 15 per square foot residential), Inspection Fees, new hydrant installations, miscellaneous user fees, and interest on accounts. To accurately project income we need to analyze previous years income. Following is a five-year history and a five year projection of General Fund revenues and Impact fees. General Fund Revenues: Previous Five Years: BUDGET YEAR RECEIVED % INCR 1997/1998 $ 7,137,262 12.08% 1998/1999 $ 7,957,701 11.50% 1999/2000 $ 9,399,072 18.11% 2000/2001 $11,074,901 17.83% 2001/2002 $13,255,266 20.00% Projected Next Five Years: BUDGET YEAR PROJECTION % INCR 2002/2003 $15,593,070 16.30% 2003/2004 $17,932,031 15.00% 2004/2005 $20,442,515 14.00% 2005/2006 $23,508,892 15.00% 2006/2007 $26,800,137 14.00% North Naples Fire Revenue Projections $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 1996 1999 2002 2005 YEAR r-lO the r Inc EDInterest IFees ~Collier_. County IMPACT FEES 4 Previous Five Years: BUDGET YEAR 1611 RECEIVED %(DEC.)/~CREASED PREVIOUS YEAR 1997/1998 $1,340,786 (.005 %) 1998/1999 $ 1,502,637 12.080% 1999/2000 $ 1,633,816 8.730% 2000/2001 $ 935,945 (42.72%) 2001/2002 $1,217,032 30.04% Pro,iected Next Five Years: BUDGET YEAR PROJECTION %(DEC.)/INCREASED PREVIOUS YEAR 2002/2003 $ 1,200,000 (1.40%) 2003/2004 $ 1,080,000 (10.00%) 2004/2005 $1,166,400 8.00% 2005/2006 $ 985,000 (15.56%) 2006/2007 $ 945,009 (4.06%) Impact fees shall only be used for new capital purchases. Example: Land, buildings, and apparatus. However, you cannot replace existing equipment or structures with impact fees. Following is the current status of impact fees, cash on hand, and committed expenditures as of September 2001. Impact Fee Reserves $1,000,000 BUDGET YEAR COMMITTED EXPENDITURES 2002/2003 $1,681,538 2003/2004 $ 56,525 2004/2005 $ 56,525 2005/2006 $ 56,525 2006/2007 $ The North Naples Fire Control and Rescue District could conservatively commit to $5,000,000 of impact fee expenditures for the next five years and retain a contingency. According to information published by the Economic Development Council population of the North Naples Fire District will increase by 46 percent over the next ten years. This represents about twenty seven thousand people, with a current population of approximately fifty-eight thousand people. The anticipated growth and reassessment of property value will account for the projected increases in ad valorem revenue. The continued growth in the district should remain steady for the next five years. Impact fee revenues should gradually decrease as build-out nears. PROPERTY OWNED AND LAND ACQUISTIONS 161 Property Owned: The District currently owns four vacant parcels of land located within the district. They are as follows: One and One-half acres located west of Airport Rd directly in front of Poinciana Elementary School. This is located in the Grey Oaks PUD and is dedicated for the use of North Naples Fire District, East Naples Fire District, and Collier EMS. (Future Sta. 47). Approximately 3.2 acres located on the east side of Livingston Road north of Immokalee Road. (Future Sta.48). o Approximately 1.01 acres located on the south end of Center Lane in Gulf Harbor off Wiggins Pass Rd. Approximately .39 acres located on west side of Station 43 off Ninth St in Bonita Shores. Property Dedicated by PUD: None Proposed Future Land Acquisitions: If current Station 40 needs to be relocated because of right of way issues, than we may have to purchase land to replace Station 40. 1611 FACILITIES Existin~ Locations: The District currently owns six separate facilities. The locations are as follows: o o 1441 Pine Ridge Road, which is a three bay station that houses 1 engine, 1 tower, fire suppression personnel, and leases 1 bay to Collier EMS ambulance.and personnel. (Sta.40). ' 7010 Immokalee Road, which is currently a three bay station that houses 1 engine, 1 brush truck, fire suppression personnel, Collier EMS ambulance and personnel use 1 bay. The station is starting construction to enlarge it. (Sta.42). 16325 Vanderbilt Drive, which is a three bay station that houses 1 engine, 1 spare pumper, fire suppression personnel, and leases 1 bay to Collier EMS ambulance and personnel. (Sta.43). 8970 Hammock Oak Dr, which is a four bay station that houses 1 engine, 1 ladder, 1 rescue, 1 battalion, 1 brush truck, 1 Beach Patrol, and fire suppression personnel. (Sta.44). 1885 Veterans Park Drive, which is a three bay station with training room, and training tower that houses 1 engine, 1 rescue, special team equipment, fire suppression, training, administrative and fire prevention staffs. (Sta.45). 3410 Pine Ridge Road, which is a two bay station that houses 1 engine, 1 brush truck, fire suppression personnel, and leases 1 bay to Collier EMS ambulance and personnel. (Sta. 46). projected Facilities: Our immediate concerns are to build a fire station on the south end of the district. The Grey Oaks station is still in the planning stages and should be completed by January 2004. Our second concern is to build a replacement station in the area of Sta. 40 if the station does indeed become unusable. Our third concern would be to construct a fire station off Livingston Road north of Immokalee road at the Sta. 48 site. Firefighting Apparatus: E-40 1998 T-40 1983 E-42 2000 E-43 1996 P-43 1987 E-44 1998 L-44 1998 R-44 1999 E-45 1998 P-45 1992 R-45 1999 E-46 2002 Br-42 1989 Br-44 1990 Br-46 1974 Apparatus Pierce Quantum Class A pumper E-One 95' Aerial platform ladder Pierce Quantum Class A pumper Pierce 65' telesquirt E-One pumper Pierce Quantum Class A pumper Pierce 105' aerial ladder Freightliner Pierce Quantum Class A pumper Pierce 65' telesquirt Freightliner Pierce Quantum Class A pumper Military 6 x 6 brush truck Military 6 x 6 brush truck Military 6 x 6 brush truck 1611 Staff Vehicles: Chief40 2001 Chief41 1998 Chief 42 1997 Chief 43 1997 Chief44 1998 BC 40 2001 BC 42 1997 BC 43 1999 C 41 1991 Lt 41 1997 Sup 42 1994 Sup 43 1992 Sup 46 1989 Sup 44 1988 Sup 24 1991 Ford Expedition U-45 1996 Ford Van Ford Explorer SRU 45 1999 Ford F350 Pickup Ford Expedition FM-40 1996 Ford Crown Vic Ford Expedition 1-40 2000 Ford Taurus Ford Explorer 1-41 2002 Ford Taurus Ford Expedition 1-42 2002 Ford Taurus Ford Expedition 1-43 2001 Ford Taurus Ford F 150 Pick Up 1-44 1997 Ford Ranger Chevy Blazer 1-45 1997 Ford Taurus Ford Crown Vic 1-46 1999 Ford Ranger Ford Crown Vic 1-47 2000 Ford Taurus Ford Crown Vic 1-48 1994 Ford Crown Vic Ford Crown Vic 1943 Ford Crown Vic Ford red pickup Hydrant 1992 Chevy Astro Van Ford pickup - Tom Special Team Equipment: T991 T992 T993 T021 T012 1999 High Angle Trailer 1999 Collapse Trailer 1999 Haz Mat Trailer 2002 Air Trailer 2001 Decon Trailer T971 T972 T973 T011 1997 ATV Trailer 1997 17' Boat Trailer 1997 Avon boat trailer 2001 PETC Trailer Apparatus 1611 Projected Purchases: During the next five years a minimum of one staff vehicle will need to be purchased and one overhauled each year. A new pumper will need to be purchased for Station 47 (Impact Fees). Tower 40 will again have to be looked at for possible refurbishment or replacement (ad valorem). A new heavy rescue truck should be purchased to meet the demands of our special teams, and a new pumper will have to be purchased lbr Station 48 (Impact Fees). Replacement pumpers will also have to be purchased as the fleet ages. Personnel Existing Administration: The North Naples Fire Control and Rescue District is governed by an elected Board of Fire Commissioners consisting of five members. Their staff includes: The Chief, Assistant Chief, Deputy Chief of Operations, Deputy Chief of Support Services, Deputy Chief of Administration, Logistics Officer, and Public Information Officer. Their support staff includes: Chief Financial Officer, Executive Assistant, Bookkeeper - GL, Bookeeper- Payroll, Administrative Assistant, and two Receptionists (one full time & one part time). Fire Prevention: The Fire Prevention Bureau is managed by the Fire Marshal who oversees: two Deputy Fire Marshals, a Public Education Officer, and two Administrative Assistants. The Deputy Fire Marshals are in charge of the new construction and existing inspection divisions. The Deputy Fire Marshals oversee eight inspectors, who are also certified firefighters. Fire Suppression: The Deputy Chief of Operations manages the Suppression Division. The Division consists of ninety-six people divided into three shifts of thirty-two. Each shift works a consecutive twenty-four on forty-eight hour off schedule. Each shift is supervised by a Battalion Chief, each station is supervised by either a Station Captain or Lieutenant (18), nine Engineers, and sixteen firefighters. These personnel provide the manpower for the six stations. Projections: Administration: There will be a need for a Human Resource position and an additional Administrative Assistant in the next five years. Fire Prevention: With the increase in new construction and increase in existing building inspections, fire investigations, and public education we anticipate the need for an additional two inspectors over the next five years. Fire Suppression: With the anticipation of opening two new stations and the need to cover minimum manning during vacations and sick time we anticipate the need to hire thirty-three additional firefighters over the next five years. 161 10 1611. 5 Year Ca )ital Plan Fiscal Year 2002-2003 2003-2004 2004-2005 2005.2006 2006-2007 Total Total General Fund Rev $14,913,070 $17,182,031 $19,642,515 $22,658,892 $26,050,137 $100,446,645 Total Fire Impact Fee Rev $1,200,00C $1,200,000 $1,166,400 $985,000 $945,009 $5,496,409 Total Inspection Fee Rev $680,0(E $750,000 $800,000 $850,000 $750,000 $3,830,000 Total Revenues $16,793,07C $19,132,031 $21,608,915 $24,493,892 $27,745,146 $109,773,054 Total New Building Exp $1,110,000 $510.000 $500,000 $250,000 $750,000 $3,120,000 Total Human Services $11,633,038 $12,904,984 $14,411,730 $16,523,990 $19,118,088 $74,591,830 F_.xpenditures Total Capital Vehicle $478,538 $266.525 $1,241,525 $1,116,525 $185.000 $3,288,113 Procjram Expenditures Total Capital Equipment $555,296 $550,000 $550,000 $550,000 $550,000 $2,755,296 Procjram Expenditures Total Capital Maintenance $45,600 $124,305 $124,305 $124,305 $124,305 $542,820 Procdram Expenditures Total Operating Exp $2,596,900 $3,105,892 $3,714,647 $4,442,718 $5,313,490 $19,173,647 Total Expenditures $16,419,372 $17,461,706 $20,542,207 $23,007,538 $26,040,883 $103,471,706 11 IXl~v(~/Q~a ~cn - ~:a 47 7OO, OOC 100,00C Sl~m 40 ELildncj 500,0I ~l~o'148 BLildrg Tclals $1,110,C00 $6~0,030 SQ]0,0~ S250,0C0 $?'EO, O00 $~133,CC0 12 1611 16 1' N~E47 F=~Jp;-~,~ 75,00( 75,00C 150,000 r~=w E-~ Eq~p~ ~ i 200,000 o:rm~ons F:~Frr~ ~4,~ 24,233 ~ 500,~ED I--bet Sl~rts (2) 5,70C 5,700 ~ I-~d Bar O~er 3,20~ 3,205 Rasma Q.~ter 3,50~ 3,500 Patr~ic~ 7,00: 7,0:)0 aass A F-oa'n S/stm's- (2) 5,98~ 5,9~ F,.rst ~ ~ U~t (E-42) 6,75C 6,75a Bitz Rre IVbitcr 2,50:; 2, g:~ve ~ Fa-,s (2) 4,O0: 4,O0: Smtt I-t:tr ~r a:~e~ (6) 6,246 6,24( mn-, a-d NC't UCt E-.45 7,40C 7,400 F-e/a~,~i~on 4,00C 4,00: Rt Ba~s(3) Z50C Z50( Q, tters Ed~ & K12 ~ 12,006 12,000 Trani~ 35,206 35,20(: ~10aptal 11,406 11,40: Bi~e ~ 1,616 1,61( 13 Ne~lnspectcr ~ICide 22,01,3 22,01: F::r~ne I:;i¢.rb 150,0Z 150,001: F::r~ne45 R¢.¢o 150,000 150,01:Z Telals 478,5~ 2~6,~25 1,241,._~ 1,116,~25 18~000 5288.11~ 14 40OO 15954 1~964 15~,4 1~954 1611 4O0O 68O0 63,817 14623 14623 14,6~ 14823 5~491 14,~25 14~25 14~5 14525 5~099 -Iqle E~ Fi~Y~ A/C/~ir ~ O~t~ O::ri:rit:ulJm l&O00 la106 1&106 1~106 1&106 12,000 18,000 72,431 Ta~s 280O 14,828 14828 14828 14,828 59,311 $124,305 $1243:)5 $124336 $124,305 :$842.820 Inmi~r Td:als 1611 Aru~t ~b 7 7 $10,030 $12,1(0 33 $1,729 20 20 21,000 33,600 0 1,680 15 15 15030 21,750 0 1,450 0 0 10 10 5,000 6,500 0 65O 5 5 ZOO0 2,3O0 0 460 5 5 15000 17,:;~ 0 3,450 15 15 13,030 18,850 0 1,257 10 10 800 1,040 0 104 2O 2O Zooo 3,230 0 16:) 10 10 ZSCO 3,250 0 325 7 7 500 60~ 0 86 5 5 330 345 0 5 5 2,CC0 2,330 0 10 10 ~a33 7,830 0 789 10 10 1,C00 1,330 0 133 5 5 2,5(:0 2,875 0 575 5 5 430 430 0 10 10 1,0F::O 1,365 0 137 33 33 1,330 1,933 0 33 20 1,8g0 2,880 0 144 5 5 3,30 3,680 0 73~ 5 5 2,5C0 2,875 0 575 5 5 2,0~0 2,3O 0 25 25 5,CC0 8,75O 0 3~0 16 $15,~4 Totals Irf0edor Dsh~ash~ Lte~ls&~ __O-~_'ne~ 2~ Dring Ro:mtal:le Ct~ce a-ars (3) va-~ty(2) C:Z:n~(2) Cq:ie's ('1) Ugh~rg Fixtt.res (3O) Talals 7 7 $10,000 $12,100 2o 2o 14,000 22,400 15 15 10,000 14,500 0 10 10 5,0O0 6,500 5 5 2,0o0 2,3o0 0 0 0 0 0 1611 Ar~ Cc~b $1,729 1,120 967 650 46O 5 5 ~5,C00 17,250 0 3,45O 15 15 13,C00 1~850 0 1,257 10 10 800 1,040 0 104 20 20 2,000 3,200 0 160 10 10 2,500 3,250 0 325 7 7 500 6O5 0 86 5 5 300 345 0 69 5 5 2,O00 2,3O0 0 460 10 10 6,O30 7,8O0 0 78O 10 10 1,000 1,330 0 130 5 5 2,5:~0 Z875 0 575 5 5 150 173 0 35 10 10 600 780 0 78 20 20 800 1,280 0 64 20 20 1,800 2,880 0 144 5 5 3,2O0 3,680 0 736 5 5 2.500 2,875 0 575 5 5 2,000 2,3:]0 0 460 25 25 3,0O0 5,250 0 210 $135,833 $14,623 17 O~r~s~g Fu~tl~e glnng ~-nTatle (:~oeQ'ars (3) Vaity (3) U~naF~(,~ Tolals 1611 ,arr~ O:mib 7 7 $10,000 $121C0 $0 $1,'T29 20 20 10,820 16,800 0 ~ 15 15 10,000 14,500 0 ~ 0 0 10 10 5,000 6,5O0 0 6~0 5 5 2,0OO 23O0 0 460 5 5 15,000 17,250 0 3,4,.50 15 15 13,C03 l&8r:::O 0 1,257 10 10 800 1,040 0 104 2O 20 2,030 3,~0 0 160 10 10 2,500 3,250 0 ~ 7 7 ~0 605 0 86 5 5 300 345 0 ~ 5 5 2.o::0 2,3o0 0 ,~0 10 10 6,0O0 7,8O0 O' 7'80 10 10 1,030 1,3:~0 0 130 5 5 2,5O0 2,875 0 575 5 5 150 173 0 36 10 10 1,::Z~O 1,~0 0 156 2O 20 1,~}0 1,920 0 9~ 2O ~0 2,70O 4,3~0 0 216 5 5 52O0 3,68O 0 7'~ 5 5 2,,5O0 2,875 0 575 5 5 2,OO0 2;3:~0 0 ,~0 25 25 3,OO0 525O 0 210 18 $14~5 P~rt 7 7 Lic~ 15 15 O2rtrds, ~ lin'es 10 10 La~F~m'et 5 5 Td;als Inl~rio' 50o0 6,5oo o Zooo 23oo o 161 15OOO 17,250 0 ~4,~) l&O00 251OO 0 1,740 1,030 1,330 0 130 2.03O 3,2OO 0 160 Zsoo 525o o 325 500 605 0 86 330 345 0 69 Zcoo 230o o 46o ~030 7,80O 0 78O 1,603 1,300 0 130 2,500 2875 0 575 360 403 0 81 1,500 1,950 0 195 1,200 1,g20 0 96 2,700 4,320 0 216 3,3oo 3,e~o 0 7'~ 5,o0o 8,75o 0 35o $18,106 19 Totals Irtericr R~racr(b0 Bsh~ha-(2) ~(2) Bring R~-~-~TaUe (2) C~ceQ'~irs (175') ~o,~r~(3) va~(63 O:rrp.~ (33) Ug~rg ~es¢o0) Totals 7 7 I~o,(~o I~,3oo $o 20 20 21,0C0 3~600 0 1,680 15 15 15,C00 21,750 0 1,450 0 0 10 10 10,000 13,030 0 1,300 5 5 2,030 2_.330 0 4o0 5 5 4o, ooo 46,0::r) 0 9,20o 15 15 42,O30 6O,9OO 0 4,Cf50 10 10 2,O3O 2,600 0 ~ 2O 2O 2,O30 ~230 0 160 10 10 4,0O0 5,200 0 ~0 7 7 1,000 1,210 0 173 5 5 600 6GO 0 138 5 5 3,500 4,CI25 0 8136 10 10 12,000 15,600 0 1,580 10 10 2,000 2,60O 0 280 5 5 2.500 2,875 0 575 5 5 9,0OO 10,350 0 2,070 10 10 1,200 1,560 0 156 20 20 1,330 1,920 0 cJ6 2O 2O 55OO 8,8O0 0 440 5 5 ~800 80,733 0 ~2,~44 5 5 7,5O0 8,625 0 1,725 5 5 5030 5,750 0 1,150 25 25 1QO00 17,500 0 7O3 20 Tcl~s Irmicr Tolals SstUfe(Y.s) R~irirgUfe ca,at__cc~_ F~j__mcd__ O:st¢~'/~ asgFtrm brr~ Qal~b 7 7 $10,030 $12,100 $0 $1,729 20 20 14,030 22,400 0 1,120 15 15 10,000 14,500 0 967 0 0 10 10 503O 6,500 0 650 5 5 Z(}~O 2,330 0 z~O 1 161 Il 5 5 '1500O 17.250 0 3,450 15 15 1;~000 18,~;:::~0 0 1,257 10 10 830 1,040 0 104 2o 20 2.000 ~o o ~60 10 10 250O 5250 0 325 7 7 5OO 606 0 86 5 5 300 345 0 69 5 5 2,0O0 2330 0 40O 10 10 6,000 7,8OO 0 78O 10 10 1,000 1,330 0 130 5 5 2_..500 2,875 0 575 5 5 250 288 0 58 10 10 1,200 1,580 0 156 20 20 1,330 1,g3:) 0 96 ~ ~ Z7~O 4,333 0 216 5 5 3,z~o 3,6e0 0 736 5 5 Z~O0 2,875 0 575 5 5 2,0~0 2,3OO 0 4~ 25 25 3,030 5,2F::0 0 210 21 MEMORANDUM 1611 Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. I~OLLII::R MOSOUITO I~ONTRI~L DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Collier Mosquito Control District, has submitted the following: (a) (b) (c) Annual Audit Report FY ending September 30, 2002 Management Letter Response to Management Letter Thank you :\special\special Collier 3ffosquito Control~ 600 North Road Naples, Florida 34104-3464 COMMISSIONERS: Robert A. Boyer, Chairman John F. Johnson, Secretary Donald K. Page, Treasurer Jeanne E. Brooker Robert D. Geroy EXECUTIVE DIRECTOR: Frank ~ Van Essen, Ph.D. January 07, 2003 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Road, Court Plaza III Naples, Florida 34105 Dear Mr. Brock: Enclosed for your files you will find: Annual Audit Report - Year ended September 30, 2002 (Which includes Auditor's Management Letter with District's Response) Annual Financial Report - Year ended September 30, 2002 This should complete filing requirements for the 2002-2003 budget and auditing process for the year ended September 30, 2002. Sincerely, Joan D. Owens Director, Administration Enclosures (listed above) Administration: 239-436-1000 · 239-436-1005 (fax) Hangar: 239-436-1008 · 239-436-1007 (fax) www. collier-mosquito, org 1611 COLLIER MOSQUITO CONTROL DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS, TOGETHER WITH REPORTS OF INDEPENDENT ACCOUNTANTS SEPTEMBER 30, 2002 TABLE OF CONTENTS PAGES Report of Independent Accountants General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups Statement of Revenues, Expenditures and Changes in Fund Balance- General Fund Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual - General Fund Notes to General Purpose Financial Statements Independent Accountants' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Management Letter 2 3 4 5 11 13 IDWA CPA Donald W. Ashley, P.A. Certified Public Accountant 16[1! 366 East Olympia Avenue Punta Gorda, Florida 33950 Phone: 941.639.6600 Fax: 941.639.6115 Report of Independent Accountants Board of Commissioners Collier Mosquito Control District Naples, Florida We have audited the accompanying general purpose financial statements of the Collier Mosquito Control District as of and for the year ended September 30, 2002, as listed in the Table of Contents. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform our audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Collier Mosquito Control Distdct as of September 30, 2002, and the results of its operations for the year then ended, in conformity with accounting principles generally accepted in the United States. In accordance with Government Auditing Standards, we have also issued our report dated October 24, 2002, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations and contracts. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. Punta Gorda, Florida October 24, 2002 Collier Mosquito Control District Combined Balance Sheet -All Fund Types and Account Groups September 30, 2002 ASSETS AND OTHER DEBIT Cash Certificates of Deposit Inventories Property, plant and equipment Amount to be provided for retirement of long-term debt Total assets and other debit Govern mental Fund Type General Fund $ 618,072 2,800,000 1,757,762 Account Groups General General Fixed Assets $ 8,716,944 $ 5,175,834 $ 8,716,944 Total Lon~-Term Debt (Memorandum Only) $ 618,072 2,800,000 1,757,762 8,716,944 $ 312,793 312,793 $ 312,793 $ 14,205,571 LIABILITIES AND FUND EQUITY LIABILITIES Accounts payable Salaries and related taxes payable Accrued compensated absences Total liabilities $ 15,432 17,073 32,505 $ 312,793 312,793 $ 15,432 17,073 312,793 345,298 FUND EQUITY Investment in general fixed assets Fund balances Reserved for inventory Unreserved, undesignated Total fund equity Total liabilities and fund equity 1,757,762 3,385,567 $ 8,716,944 5,143,329 8,716,944 $ 5,175,834 $ 8,716,944 $ 312,793 8,716,944 1,757,762 3,385,567 13,860,273 $ 14,205,571 The accompanying notes are an integral and essential part of these financial statements. Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund year ended September 30, 2002 Revenues Taxes Intergovernmental Charges for services Interest Miscellaneous Total revenues 4,584,039 8,341 606,396 145,297 124,821 5,468,894 Expenditures Current Physical environmental services Personal services Operating expenditures Capital outlay Total expenditures Excess of revenues over expenditures Fund balance October 1, 2001 Decrease in inventory reserve Fund balance, September 30, 2002 1,815,630 2,687,441 79,812 4,582,883 886,011 4,534,379 (277,061) $ 5,143,329 The accompanying notes are an integral and essential part of these financial statements. 1611 Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund year ended September 30, 2002 Bud~let Reve n u e s Taxes $ 4,584,039 Intergovernmental 8,341 Charges for services 606,396 Interest 145,297 Miscellaneous 124,821 Total revenues 5,468,894 Actual 4,584,039 8,341 606,396 145,297 124,821 5,468,894 Variance Favorable (Unfavorable) Expenditures Current Physical environmental services Personal services Salaries and wages Payroll taxes and benefits Operating expenditures Travel, utilities, repairs and service Chemicals Gasoline, oil and lube Other supplies and materials Other operating expenditures Capital outlay Contingency Total expenditures Excess of revenues over (under) expenditures Fund Balance, October 1,2001 Decrease in inventory reserve Fund Balance, September 30, 2002 1,291,189 1,276,903 579,034 538,727 1,954,969 1,834,942 1,457,883 464,728 176,140 97,835 102,981 58,538 332,106 231,398 85,400 79,812 398,748 6,378,450 (909,556) 2,499,556 4,582,883 886,011 4,534,379 (277,061) $ 1,590,000 $ 5,143,329 $ 14,286 40,307 120,027 993,155 78,305 44,443 100,708 5,588 398,748 1,795,567 1,795,567 2,034,823 (277,061) 3,553,329 The accompanying notes are an integral and essential part of these financial statements. 4 Collier Mosquito Control District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies: The following is a summary of the more significant accounting policies of the District: Defining the Governmental Reporting Entity: The Collier Mosquito Control District (the District) is an independent special district created to perform mosquito control and suppression in Collier County, Florida, in accordance with Chapter 388, Florida Statutes. The District was created as the Naples Mosquito Control District by Chapter 63-1234, Florida Statutes, and was changed to Collier Mosquito Control District by Chapter 76-351, Florida Statutes. Chapter 2001-298, Florida Statutes, provided for codification of previous legislation and amended the boundaries of the District. The business and affairs of the District are governed by a board of five commissioners who are elected for terms of four years. The District has adopted Governmental Accounting Standards Board (GASB) Statement Number 14, "Financial Reporting Entity." This statement requires the financial statements of the District (the primary government) to include its component units if any. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. Based on the criteria established in GASB 14, there are no component units included in the District's financial statements. Fund Accounting: The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenue and expenditures, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The following fund types and account groups are used by the District: Governmental Fund Type General Fund - The General Fund is the general operating fund of the District. All financial resources which are not specifically restricted or designated as to use are recorded in the General Fund. Account Groups General Fixed Assets - This self-balancing account group is used to account for all fixed assets of the District, which have a cost of $750 or more and an estimated useful life of more than one year. General Long-Term Debt - This self-balancing account group is used to account for all long-term debt of the District. Collier Mosquito Control District Notes to General Purpose Financial Statements 1611 1. Summary of Significant Accounting Policies, continued Measurement Focus: Governmental Fund Type - The General Fund is accounted for on a "spending" or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported undesignated fund balance (net current assets) is considered a measure of available, spendable or appropriable resources. Governmental Fund Type operating statements present increases (revenue) and decreases (expenditures) in net current assets. Account Groups - The General Fixed Assets Account Group and the General Long-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. Basis of Accounting: Basis of accounting refers to when revenue and expenditures are recognized in the accounts and reported in the general purpose financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The modified accrual basis of accounting is followed by the Governmental Fund of the District, whereby revenue is recognized when it becomes measurable and available as net current assets. Taxpayer assessed income and gross receipts are considered "measurable" when in the hands of intermediary collecting governments and are recognized as revenue at that time. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (1) principal and interest on general long-term debt, if any, which are recognized when due and (2) expenditures are not divided between years by the recording of prepaid expenses. Fixed Assets: Fixed assets used in Governmental Fund Type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group, rather than in the Governmental Fund Type. No depreciation has been provided on general fixed assets. All fixed assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair market values on the dates donated. Budgets and Budgetary Accounting: The following procedures are used by the District in establishing the budgetary data reflected in the general purpose financial statements: 1. During the summer, the Director submits to the Board of Commissioners for their consideration a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. 3. Prior to October 1, the budget is adopted through a resolution by the Board of Commissioners. The budget is then approved by the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. Collier Mosquito Control District Notes to General Purpose Financial Statements 1611 1. Summary of Significant Accounting Policies, continued Budgets and Budgetary Accounting, continued 4. Budget transfers and amendments can be made throughout the year by approval of the Board of Commissioners and the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. 5. Budget amounts, as shown in these general purpose financial statements are as amended by the Board of Commissioners and approved by the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. 6. The budget for the Governmental Fund Type is adopted on a basis consistent with generally accepted accounting principles. 7. The level of control for appropriations is exercised at the functional level. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the District because it is, at present, not necessary to assure effective budgetary control or to facilitate effective cash planning and control. Inventories: Inventory consisting primarily of expendable chemicals and aircraft parts to be used in operations are stated at the lower of cost (first-in, first-out method) or market. The District utilizes the purchase method of accounting, which provides that expenditures are recognized when the inventory items are purchased. Reported inventories are equally offset by a fund balance reserve which indicates that they do not constitute "available spendable resources." Compensated Absences: The District's employees accumulate sick and annual leave based on years of continuous service. Upon termination of employment, employees can receive payment for accumulated annual leave, if they meet certain criteria. Accumulated sick and annual leave payable at September 30, 2002 was $312,793. The amount of compensated absences recorded as expenditures in the Governmental Fund Type is the amount accrued during the year that would normally be liquidated with expendable available financial resources. Only the current portion of the liability for compensated absences is recorded on the balance sheet of the Governmental Fund Type. The remainder of the liability, if any, is recorded in the General Long-Term Debt Account Group. At September 30, 2002 all accumulated compensated absences are considered long-term. Total Columns on Combined General Purpose Financial Statements - Overview: Total columns on combined general purpose financial statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Collier Mosquito Control District Notes to General Purpose Financial Statements 1611 2. Cash and Investments: At September 30, 2002, the carrying amount of the District's deposits, including certificates of deposit, was $3,418,072, and the bank balance was $3,455,280. These deposits were entirely covered by Federal Depository Insurance or by collateral pursuant to the Florida Security For Public Deposits Act (Florida Statutes Chapter 280). Florida Statutes authorize investments in certificates of deposit, savings accounts, repurchase agreements, the Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration, obligations of the U.S. Government and government agencies unconditionally guaranteed by the U.S. Government. The District's investment policy permits the investment in investment savings accounts and certificates of deposit with state-certified, qualified public depositories. Cash and investments consisted of the following as of September 30, 2002: Interest bearing checking account Money market account Certificate of Deposit Carrying Bank Amount Balance 3. Inventories: $ 189,143 $ 687,973 428,929 378,330 2,800,000 2,800,000 $ 3,418,072 $ 3,866,303 Inventories consisted of the following at September 30, 2002: Chemicals Aircraft and vehicle parts $ 1,246,343 511,419 $ 1,757,762 4. Changes in General Fixed Assets: A summary of changes in general fixed assets follows: Balance Balance October 1,2001 Additions Deletions September 30, 2002 Leasehold improvements $ 4,998,230 Aircraft 2,441,003 Heavy equipment 86,892 Vehicles 289,527 Tools and equipment 896,541 $ 12,699 $ $ 5,010,929 9,201 2,431,802 86,892 14,771 304,298 52,342 65,860 883,023 $ 8,712,193 $ 79,812 $ 75,061 $ 8,716,944 8 Collier Mosquito Control District Notes to General Purpose Financial Statements 1611 5. Changes in General Long-Term Debt: The following is a summary of changes in the District's general long-term debt for the year ended September 30, 2002: Accrued compensated absences payable, October 1,2001 $ 310,949 Net increase in accrued compensated absences payable 1,844 $ 312,793 Accrued compensated absences payable, September 30, 2002 6. Commitments and Contingencies: Long-Term Leases: The District is committed under a non-cancelable operating lease for the use of property. Total payments under the non~cancelabie operating lease for the year ended September 30, 2002 were $40,300. The lease provides that rents shall be increased at three year intervals if the consumer price index increases during that three year period. Future minimum lease payments under non-cancelable operating leases having remaining terms in excess of one year as of September 30, 2002 are as follows: 20O3 $ 43,605 2004 43,605 2OO5 43,6O5 2006 43,605 2007 43,605 Thereafter 436,050 Total future minimum lease payments $ 654,075 Contingencies: The Board purchases liability and casualty insurance coverage from commercial carriers with coverages in amounts that the Board feels is adequate. 7. Property Taxes: Property taxes are levied on November 1 of each year, and are due and payable upon receipt of the notice of levy. The Collier County, Florida, Tax Collector's office bills and collects property taxes on behalf of the District. The tax rate levied upon all of the taxable property in Collier County for mosquito control for the fiscal year ended September 30, 2002 was $0.1465 per $1,000 of assessed taxable property value. Property tax revenue is recognized currently in the fiscal year for which the taxes are levied. On May 1 of each year, unpaid taxes become a lien on the property. The past due tax certificates are sold at public auction prior to June 1, and the proceeds thus collected are remitted to the District. Collier Mosquito Control District Notes to General Purpose Financial Statements 1611' 8. Retirement Plan: The District contributes to the Florida Retirement System (System), a cost-sharing multiple-employer PERS defined benefit plan controlled by the State Legislature and administered by the Florida Department of Administration, Division of Retirement. The System provides retirement and disability benefits, annual cost-of-living adjustments, a health insurance subsidy, and survivor benefits to plan members and beneficiaries, respectively. The System was established in 1970 by Chapter 121, Florida Statutes. Changes to the law can be made only by an act of the Florida Legislature. Rules governing the operations and administration of the System may be found in Chapter 60S of the Florida Administrative Code. The Florida Retirement System Annual Report is a document printed for members of the Legislature and the public, reflecting the financial operation and condition of the state-administered retirement systems. The publication contains financial statements, actuarial comments, investment information, and statistical data on the System. A copy can be obtained by writing to Division of Retirement, Research, Education, & Policy Section, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560. Funding Policy Presently, the System does not require contributions from covered members. The District is required to contribute an actuarially determined rate. The current rates, based on employees' gross earnings, are: regular employees, 5.76%; senior management, 6.06%; deferred retirement option program, 9.11%; and elected officials, 11.86%. The contribution requirements of the District are established and may be amended by the State Legislature. The District's contributions to the System for the fiscal year ended September 30, 2002 were $98,914, equal to the required contributions for the year. 9. Self Insurance Plan: The District is self-insured for hospitalization and medical care. The plan is administered by an independent third party who processes the claims for payment. The plan administrator actuarially calculates a premium for which the District makes monthly payments. During the fiscal year, the District incurred expenses totaling $282,080 for administrative fees and premiums. The District records expenditures as premiums are paid and does not provide for any claims that are incurred but not reported, 10 Donald W. Ashley, P.A. Certified Public Accountant 1611' 366 East Olympia Avenue Punta Gorda, Florida 33950 Phone: 941.639.6600 Fax: 941.639.6115 Independent Accountant's Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board of Commissioners Collier Mosquito Control District Naples, Florida We have audited the general purpose financial statements of the Collier Mosquito Control District (the District) as of and for the year ended September 30, 2002 and have issued our report thereon dated October 24, 2002. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be a material weakness. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operations that we consider to be material weaknesses. However, we noted other matters involving internal control over financial reporting and its operation that we have reported to management in a separate report dated October 24, 2002. 11 1611 Internal Control Over Financial Reportin;h continued This report is intended solely for the information and use of management and Board of Commissioners of the Collier Mosquito Control District, the Auditor General of the State of Flodda, and other state and federal audit agencies. However, this. report is a matter of public record and its distribution is not limited. Punta Gorda, Florida October 24, 2002 12 DWAI 'C'PA] Donald W. Ashley, P.A. Certified Public Accountant 161 1 Management Letter Board of Commissioners Collier Mosquito Control District Naples, Florida 366 East Olympia Avenue Punta Gorda, Florida 33950 Phone: 941.639.6600 Fax: 941.639.6115 We have audited the general purpose financial statements of the Collier Mosquito Control District, Florida (the "District") as of and for the year ended September 30, 2002, and have issued our report thereon dated October 24, 2002. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditor's Report on Compliance and Internal Control over Financial Reporting. Disclosures in that report which are dated October 24, 2002, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1 )(g)l .a) require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal controls, whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected. There were no inaccuracies, irregularities, shortages, defalcations, and/or violations of laws, rules, regulations, and contractual provisions disclosed in the preceding annual report. The Rules of the Auditor General (Section 10.554(1 )(g)l .b.) require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal controls, whether or not recommendations made in the preceding annual financial audit report have been followed. There were no recommendations made in the preceding annual financial audit report. As required by the Rules of the Auditor General (Section 10.554(1)(g)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the Collier Mosquito Control District complied with Section 218.415, Florida Statutes. The Rules of the Auditor General (Section 10.554(1 )(g)4.) require disclosure in the management letter of the following matters in not already addressed in the auditor's reports on compliance and internal controls: (1) violations of laws, rules, regulations, and contractual provisions that have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures ;(4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. 13 1611 Our audit disclosed the following matter required to be disclosed: Violations of Laws, Rules, and Regulations: During interim fieldwork, we determined that travel reimbursements of small amounts were being made out of the petty cash fund. The reimbursements contained all of the information required by Chapter 112.061, Florida Statutes, except that there was no signed statement that the travel was in connection with official business of the District. During final fieldwork, we determined that the District had corrected this practice and that all travel reimbursements comply with Chapter 112.061, Florida Statutes. As required by the Auditor General (Section 10.554(1)(g)(6.a.), the scope of our audit included a review of the provisions of Section 218.503(1 ), Florida Statutes, regarding financial emergencies. In connection with our audit, we determined that the Collier Mosquito Control District is not in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(1)(g)6.b.), we determined that the annual financial report for the Collier Mosquito Control District for the fiscal year ended September 30, 2002, filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2002. As required by the Rules of the Auditor General (Sections 10.554(g)(6)c. and 10.556), we applied financial condition assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by the same. Nothing came to our attention that caused us to believe that the District is in a deteriorating financial condition. This management letter is intended solely for the information of the Collier Mosquito Control District and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. Punta Gorda, Florida October 24, 2002 14 CMlior ~l ,los~o C o~n,.ol 600 No~h Road Nagges, Florida 34104-3464 16 1 Dona~i K. Page, Fcmak ~A. l/a~ Ess~, P&.D. Deeendser 4, 2002 Board of Commissioners Collier Mosquito Control District 600 North Road Naples, Florida 34104-3464 We acknowledge receipt of the Manag~ Letter presented to you by Donald W. Ashley, P.A., Certified Public Account. There were no prior year comments to address. We were advised during interim fieldwork that funds reimbursed to an employee for meals while on om-of-town travel on District business require a signed statement by the employee stating that the travel was in connection with official business of the District. Personnel Travel forms were rev/sed to conform with this requirement and are being signed by any employee receiving such funds. Sincerely, Frank Van Essen, Executive Director Jokn 15' 6wens, Director, A---dministration Administration: 239-436-1000. 239-43~5-J005 Hangar: 239-43.6-1005 o 259-436-1007 v.,*vw, c oilier -eno s quit o. org MEMORANDUM 1611 Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. MI::DITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Pursuant to Florida Statutes Chapters 189 and 190, Mediterra South Community Development District, has submitted the following: (a) (b) Minutes of Meeting held on September 25, 2002 Unaudited Financial Statements dated August 31, 2002 Thank you :\special\special Mediterra South Community Development District 10300 NW 11th Manor · Coral Springs, Florida 33071 · Telephone: (954) 796-6631 · Fax: (954) 796-0623 DATE: December 19, 2002 Cheryl Deering, Sales Manager MEDITERRA REALTY 15836 Savona Way Naples, Florida 34110 GRAU & COMPANY, P.~ 2700 N. Military Trail, #350 Boca Raton, FL 33431 Mr. James L. Mitchell CI,ERK OF TH~ CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Bldg Naples, Florida 34112 Dennis H. Derby, Jr. Municipal Credit Analyst FIRST UNION NATIONAL BANK 255 South County Road, 2nd Floor Palm Beach, Florida 33480-6300 RECEIVED DEC 2 6 2002 FINANCE DEPT FROM: James P. Ward, District Manager RE: September 25, 2002 Meeting Enclosed for your records is a copy of the above referenced meeting of the Board of Supervisors of the Mediterra South Community Development District, which are to be kept on file for public access. The following documents will be forwarded to you to be attached to this meeting when received with signatures. 1- Reso 2002-7 ratifying K. Green 2- Reso 2002-8 approving Statewide Mutual Aid Agreement JPW/tj Encl: MINUTES OF MEETING MEI~~ SOUTH COMMUNITY DEVELOPMENT DISTRICT 1611 The regular meeting of the Mediterra South Community Development District was held Wednesday, September 25, 2002, at 12:00 p.m. at the Club at Mediterra, 15755 Corso Mediterra Circle, Naples, Florida. Present and constituting a quorum were: Grady Miars Jim Carroll Lowell Ferguson Katherine Green Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: C. Sam Kissinger Brian Lamb Kenza van Assenderp Josh Evans District Staff District Staff Attorney (via phone) Engineer Due to a failure of the recording equipment, the portion of the minutes prior to the Manager's Report could not be transcribed and is a summary of the actions that took place. FIRST ORDER OF BUSINESS Roll Call Mr. Kissinger called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 24, 2002 Meeting Mr. Kissinger stated that each Board member received a copy of the minutes of the July 24, 2002 meeting and requested any additions, corrections or deletions. There not being any, [On MOTION by Ms. Green seconded by Mr. Carroll w--" [all in favor the minutes of the July 24, 2002 meeting witty[ [approved. TI-IIRD ORDER OF BUSINESS Consideration of Resolution 2002-7 Ratifying and Approving Ail Actions Taken by Katherine C. Green Prior ~o Subscribing to an Oath of Office September 25, 2002 Mediterra South CDD [On MOTION by Mr. Carroll seconded by Mr. Ferguson][ [with all in favor Resolution 2002.7 ratifying and[[ [approving all actions taken by Katherine C. Green priori [to subscribing to an oath of office was adopted. 1611 FOURTH ORDER OF BUSINESS Consideration of Statewide Mutual Aid 2002-8 Resolution Agreement and Approving Same [On MOTION by Mr. Carroll seconded by Mr. Fergusor~[ [with all in favor Resolution 2002-8 approving thai [Statewide Mutual Aid Agreement was adopted. [[ ~ ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager i. Meeting Dates for Fiscal Year 2003 ii. Financial Statements Mr. Kissinger stated the annual meetings dates are advertised each year in accordance with Florida Statutes and are subject to change at your will. SIXTH ORDER OF BUSINESS Supervisor's Requests and Comments Mr. Kissinger stated a letter was submitted by WilsonMiller, indicates they are resigning as District Engineer. [On MOTION by Mr. Miars seconded by Mr. Ferguson [with all in favor the resignation letter from [WilsonMiller, Inc. was accepted. Audience Inc. that Mr. Kissinger stated as part of the process to retain another engineering firm a request for qualifications has to be issued whereby we advertise for engineers to submit their qualifications, not the cost to do business. You then review and rank them by who you feel is most qualified, the District Manager then negotiates a contract to bring to the Board for approval. 2 September 25, 2002 Mediterra South CDD li On MOTION by Ms. Green seconded by Mr. Fergusor~[ Iwith all in favor staff was auth°rized to advertise f°l[ 16 [[RFQ's for District Engineer. Mr. Ferguson asked do we still retain WilsonMiller's service during that interval? Mr. Kissinger responded they will continue to work on projects they still have and if there is a need for an engineer they will provide that service. SEVENTH ORDER OF BUSINESS Adjournment IOn MOTION by Ms. Green seconded by Mr. Ferguson[] ]with all in favor the meeting was adjourned at 12:10]] A~is~ant Secl~e"tary AGENDA MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT 16,1 1 Wednesday September 25, 2002 12:00 p.m. Club at Mediterra 15755 Corso Mediterra Circle Naples, Florida Roll Call Approval of the Minutes of the July 24, 2002 meeting o Consideration of Resolution 2002-7 Ratifying and Approving All Actions Taken by Katherine C. Green Prior to Subscribing to an Oath of Office Consideration of Statewide 2002-8 Approving Same Staff Reports A. B. C. Mutual Aid Agreement and Resolution Attorney Engineer Manager i. Meeting Dates for Fiscal Year 2003 ii. Financial Statements Supervisor's Requests and Audience Comments Adjournment NOTE TO Al,l, MEE~G ATTENDEES: Please identify yourself each _time you speak to facilitate Wanscription ~f mcct~ng minutes. Thank you for your assistance. NapLes DaiLy Ne~s NapLes, FL 34102 Affidavit of PubLication ~"-- -*:-:~'} '*;-~= ~I- gppLeS -Da1 ty N~ws - .~ - -*. '.:. - - - -* -': -_ ~--*_ -~-._- : 1611 MEDITERPu~ SOUTH COHHUNITY DEVELOPNENT DISTRICT 210 N UNIVERSITY DR #301 CORAL SPRINGS FL 33071 REFERENCE: 05(>634 58522285 NOTICE OF NEETING NE State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on ~th says that she serves as Assistant Corporate Secretary of the NapLes DaiLy News, a daily newspaper published at NapLes,: in CoLLier Cotmty, FLorida: that the attached copy of advertising was published in said newspaper ~ dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been contin~usLy published in said CoLLier County, FLorida, each day and has been enteredn:= second class mail mtter at the post office in NapLes, in said CoLLier C~nty, FLorida, for a pericxi of I year next preceding the first publication of the attached ~py of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporati~ any discount, rebate/ c~ission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 09/18 AD SPACE: 67.(X)0 INCH FILED ON: 09/18/02 Signatureof Affiant ~ ~-+ / /F dado Sworn to and Subscribed before me this f ~ 2 Pers~aLty known by me 161 1 RESOLUTION 2002-7 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT RATIFYING AND APPROVING ALL ACTIONS TAKEN BY KATHERINE C. GREEN PRIOR TO SUBSCRIBING TO AN OATH OF OFFICE WHEREAS, the Mediterra Community Development District hereafter referred to as District in accordance with the provisions of chapter 190 Florida Statutes did hold a landowners meeting on November 28, 2001 at which time Katherine C. Green was elected to the Board; and WHEREAS, Katherine C. Green did attend and participate in meetings held May 22, June 26, and July 24, 2002 prior to subscribing to an oath of office; and WHEREAS, Katherine C. Green has now subscribed to an oath of office; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT; 1. It is the desire of the Board of Supervisors to ratify and approve all actions taken by the Board of Supervisors where Katherine C. Green was in attendance, which meetings were the May 22, June 26, and July 24, 2002 meetings which include but are not limited to the following items: Minutes of the February 27, 2002 meeting Resolution 2002-4 Approving the Budget and Setting the Public Hearing Minutes of the May 22, 2002 meeting Minutes of the June 26, 2002 meeting Adoption of the Budget and Levy of Non Ad Valorem Assessments for Fiscal Year 2003 PASSED AND ADOPTED THIS, 25TH DAY OF SEPTEMBER, 2002. Jim Carroll Assistant Secretary RESOLUTION NO. 2002-8 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, APPROVING THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHE~AS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, on September 23, 2002, the Board of Supervisors of the Mediterra South Community Development District approved an agreement with the State of Florida, Division of Emergency Management, concerning the Statewide Mutual Aid Agreement; and WHEREAS, the Florida Department of Community Affairs requires an independent special district to participate in the Statewide Mutual Aid Agreement to be eligible for funds under Administrative Rule 9G-1 9, Base Funding for County Emergency Management Agencies and Municipal Competitive Grant and Loan Programs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, THAT: Section 1: The foregoing 'WHEREAS' clauses are true and correct and are hereby ratified and confirmed by the Board of Supervisors. Section 2: That execution of the attached Statewide Mutual Aid Agreement is hereby authorized, and the Agreement is hereby approved. Section 3: This Resolution shall become effective immediately upon its passage and adoption. 1611 ADOPTED by the Board of Supervisors of the Mediterra South Community Development District, Collier County, Florida, this 25th day of September, 2002. BOARD OF SUPERVISORS MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT, FLORIDA James P. Ward Secretary Chairman Approved as to Legal sufficiency: District Counsel July 31, 2000 1611 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS,.State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of. Emergenc~y..Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. ~ July 31, 2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, July 31, 2000 1611 Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of§ 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicabili _ty of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. : A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 July 31, 2000 16117: of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department,-the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request t,o such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 1611 July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 6 July 31, 2000 161! G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; ~ July 31,2000 C. An estimate of the time it will take to deliVer such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall J~y 31,2000 1611 be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incun'ed by.:an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 1611 July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable; but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for'the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as anarbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 July 31, 2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, fights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment ~hall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 1611 July 31, 2000 Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such remmed supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present ,information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other thanofficial holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 July 31, 2000 1611 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall file with ~the Division copies of all resolutions in currenteffem reflecting its determination to act as a self-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 July 31, 2000 1611 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from.State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee,~Florida. 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 July 31, 2000 1611 ' purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE 311. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the fights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the fights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to theextent that the former may be inconsistent with the latter. 17 July 31, 2000 D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 July 31, 2000 1611 Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMIYNITY AFFAIRS STATE OF FLORIDA By: Director Date: ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Deputy Clerk By: Chairman Date: Approved as to Form: By: County Attomey 20 July 31, 2000 1611 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director Date: ATTEST: CITY CLERK By: Title: CITY OF STATE OF FLORIDA Title: /~r'r~ "~ ~r'~ a~. Date: Approved as to Form: By: City Attorney 21 July 31, 2000 1611 DMSION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director Date: STATE OF FLORIDA DISTRICT, By: Title: Approved as to Form: By: Attorney for District 22 1611 Date: Name of Government: Mailing Address: July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT FORM A City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representative Nra-Tie: Title: Address: Day Phone: Telecopier: First Alternate Representative Name: Night Phone: lnterNet: Title: Address: Day Phone: Telecopier: Second Alternate Representative Name: Night Phone: InterNet: Title: Address: Day Phone: Night Phone: Telecopier: InterNet: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Department of Community Affairs-Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassc¢, Florida 32399-2100 23 Date: July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: Form B 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B 4. Types of Resources Needed: 5. Description oflnfrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 J~y 31,2000 STATEWIDE MUTUAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 1611' 9. Names of Supervisors for Requesting Party: 26 July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources: 2. Estimated Time Resources Available: 27 July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 09/24/2002 16:07 85023G3880 September 23, 2002 WILSON MILLER PANAMA PAGE 81/85 WilspnMiller" New OIr~cllOf~S In Fggnning, De$1(ll; & Engineering 1611 P~t-lt" Fax Note 7671 P~ ~ F~ ~ Jim Ward Moyer & Associates 210 N. University Dr. Suite 702. Coral Springs, FL 33071 Re: merit Community Development District Dear Jim: This letter is to inform you that WilsonMiller intends to resign as Engineer of Record for the Bas~="d.'- Imprs'vcm, cnt. Community Development District. The firm, and especially myself, appreciate and value the relationship that has built over the years. We remain available to serve as District Engineer until the Board can find a replacement and we will complete any work in progress. If you have any questions or need additional information, please give me a call. Sincerely, WilsonMiller, Inc. Stephen A. Means, P.E. Senior Vice President Cc: Fermin Diaz Josh Evans 9/23/2t~Z- 23rJ7'/' Var: Oil- lOO ~ckrich Road, Su/le 1~ P~ma Cily ~h, Flori~a 32407 85~23~770 ~ 85~236~0 [~ Notice Of Meetings Mediterra South Community Development District 1611: The Board of Supervisors of the Mediterra South Community Development District will hold their meetings for Fiscal Year 2003 at the Club at Mediterra, 15755 Corso Mediterra Circle, Naples, Florida at 12:00 p.m. on the fourth Wednesday of each month as follows: October 23, 2002 February 26, 2003 May 28, 2003 July 30, 2003 last Wednesday There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753-0380 at least five 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. Gary L. Moyer Manager 1611 1611 0 Z to~Z ~ 0 gggg ZOOm 0 ~ om o o o z o c~ ~D to Z (D Z OZ O~ ~H~ HZm~ 0 1611 (/3 ~oo~oo~2~~oo~§~oo~oo~oo ~ooo ~OO~oo 1611 U o3 0 §oo§§§oo~oo~~§oo oo oo 0 ~~oo~§oo~~o ~ §oo~oo~§oo§§§oooooo ~§§§§oo§§oo§§§oo oo 00000000000000 1611 ~ o ~: 03 o or., :> 0 §oo~§§§§~OOoo oo ~o° ~ D Z ~ 0 0 0~ r~ 0 H ~q 0000000000000 ~zmZu ZOO~ffi 0 ~ U~UU oo o o o Z rn gg§goog§OOgoo oo o° ~oog~o~ooo g ooogEg§ggg ~ ~0000000000 ~ 00000000000 00000000000 00000000000 1611 oo~§~§§§~§ g §o o ~o ~§~;§~ o ~~ o ~ §§~§§§~og~OO~o~oo ~ ~ ~ oooooooooooo o o o ooooo ooooo oo o o 1611 00000 U 0 ~ 0 U 4-} 1611' ,--1 r,.) 0 u~ So UU u O0 I I U '~-0 ~-.q H rn o o o :~o O~ ~ 0 [.tim 0 r~ n. ~oo Z~ Z~O 0 ~0~ OOH~ UUO0 o o o 0 o o o o o o o o o 0 n 1611 ggoOggoo 000000 gg oo o o o I u-)oo ooo U~ U~ O~ U~ 0 I U oo o o o 0 E~ 1611 Z~ ~0~ HU OOm~ UUO0 Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 1999 A & B $30,495,000.00 For the Month Ended August 31, 2002 Source of Funds Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fav.)- Unfav. Deposit to Construction Account Deposit to Cost of Issuance Deposit to Interest Account Deposit to 1999 A & B Reserve Account Underwriter's Discount Interest from Construction/Cost of Issuance Acct Total $24,344,152.59 $24,344,152.59 $0.00 $145,000.00 $145,000.00 $0.00 $3,419,052.55 $3,419,052.55 $0.00 $2,136,739.53 $2,136,739.53 $0.00 $457,425.00 $457,425.00 $0.00 $810,250.67 $810,250.67 $0.00 $31,312,620.34 $31,312,620.34 $0.00 Use of Funds Construction Year to Date Total Overall Projects Amounts Paid ! Year to Date Overall Received by Variance Budget Bond Funds (Fav.)- Unfav. Costs of Issuance Underwriters Discount Bond Counsel- Nabors, Giblin, Nickerson Bond Underwriter - Prager, Mc Carthy & Sealy Financial Advisor- Fishkind & Associates Trustee Counsel - Holland & Knight Trustee Fee - First Union National Bank District Counsel- Young, vanAssenderp District Manager - Severn Trent Environ. Bond Printing - Bowne of Atlanta, Inc. Deposit to Interest Account Deposit to Reserve Account Total Costs of Issuance: $457,425.00 $42.743.25 $5.000.00 $2O .281.69 $5.25O.OO $9 648.75 $25 000.00 $15 000.00 $6,280.00 $3,419,052.55 $2,136,739.53 $457,425.00 $0.00 $42,743.25 $0.00 $5,000.00 $0.00 $20,281.69 $0.00 $5,250.00 $0.00 $9,648.75 $0.00 $25,000.00 $0.00 $15,000.00 $0.00 $6,280.00 $0.00 $3,419,052.55 $0.00 $2,136,739.53 $0.00 $6,142,420.77 $6,142,420.77 $0.00 Use of Funds- (continued) Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 1999 A & B $30,495,000.00 Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfav. Project Description Water Management Consulting Fees Utilities ROW Improvements Perimeter Landscaping Recreation & Parks Wetland Mitigation Off Site Improvements Technical Fees Land Acquisitions Total Costs Acquisition Agreement #1 TRANSFER TO PREPAYMENT ACCOUNT PER LOAN DOCUMENTS Future Projects $6,168,539.83 $6,168,539.83 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $2,003,876.95 $2,003,876.95 $0.00 $473,341.34 $473,341.34 $0.00 $o.oo $o.oo $o.oo $196,287.15 $196,287.15 $0.00 $5,630,965.04 $5,630,965.04 $0.00 $1,282,624.87 $1,282,624.87 $0.00 $5,522,125.00 $5,522,125.00 $0.00 $21,277~760.18 $21,277t760.18 $0.00 $3,589,500.00 $3,589,500.00 $0.00 $581,986.10 Total Expenditures Funds Remaining $28,002,167.05 $31r009t680.95 $302~939.39 Reconciliation to Bank Statement: Construction Account at 8/31/02 Cost of Issuance Account at 8/31/02 Total Funds Available $302,939.39 $o.oo $302,939.39 Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 2001 $5,585,000.00 For the Month Ended August 31, 2002 Source of Funds Construction Year to Date Total Overall Projects Amounts Paid ! Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfav. Deposit to Construction Account Deposit to Cost of Issuance Deposit to Interest Account Deposit to Reserve Account Underwriter's Discount Interest from Construction/Cost of Issuance Acct Total $4,826,260.01 $4,826,260.01 $0.00 $135,000.00 $135,000.00 $0.00 $120,993.01 $120,993.01 $0.00 $440,497.50 $440,497.50 $0.00 $ 78,190.00 $ 78,190.00 $0.00 $9,964.46 $9,964.46 $0.00 $5,610,904.98 $5,610,904.98 $0.00 Use of FundS Costs of Issuance Underwriters Discount Bond Counsel- Nabors, Giblin, Nickerson Bond Underwriter- Prager, Mc Carthy & Sealy Financial Advisor- Fishkind & Associates Trustee Counsel - Holland & Knight Trustee Fee - First Union National Bank District Counsel- Young, vanAssenderp District Manager- Severn Trent Environ. Bond Printing - Bowne of Atlanta, Inc. Deposit to Interest Account Deposit to Reserve Account Construction Year to Date Total Overall Projects Amounts Paid ! Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfav. $78,190.00 $78,190.00 $0.00 $42,145.25 $42,145.25 $0.00 $1,000.00 $1,000.00 $0.00 $12,341.60 $12,341.60 $0.00 $3,750.00 $3,750.00 $0.00 $4,531.51 $4,531.51 $0.00 $25,000.00 $25,000.00 $0.00 $15,000.00 $15,000.00 $0.00 $4,065.00 $4,065.00 $0.00 $120,993.01 $120,993.01 $0.00 $440,497.50 $440,497.50 $0.00 Total Costs of Issuance: $747,513.87 $747,513.87 $0.00 Use of Funds- (continued) Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 2001 $5,585,000.00 Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfav. Project Description Water Management $1,427, 310.06 Consulting Fees $16,115.48 Utilities $1,084,210.60 ROW Improvements $0.00 Perimeter Landscaping $0.00 Recreation & Parks $0.00 Wetland Mitigation $44,725.00 Off Site Improvements $0.00 Technical Fees $49,402.87 Land Acquisitions $2,241,400.00 Total Costs Acquisition Agreement #1 $1,427,310.06 $0.00 $16,115.48 $0.00 $1,084,210.60 $0.00 $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $44,725.00 $0.00 $o.oo $o.oo $49,402.87 $0.00 $2r241,400.00 $0.00 $4,863,164.01 $4,863,164.01 $0.00 $5,610,677.88 $5,610,677.88 Total Expenditures Funds Remaining $227.10 Reconciliation to Bank Statement: Construction Account at 8/31/02 Cost of Issuance Account at 8/31/02 $227.10 $o.oo Total Funds Available $227.10 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. PORT OF THE ISLANDS COMMUNITY IMPROVI::MI::NT DISTRICT Pursuant to Florida Statutes Chapters 189 and 190, Port of the Island Community Improvement District, has submitted the following: (a) Minutes of Meeting held on November 15, 2002 Thank you :\special\special Port of the Islands Community Improvement District 16/1 January 21, 2005 210 N. University Dr., Suite 802 ~ Coral Springs ~ Florida $$071 (954) 753-0380 ~ (954) 753-6183 fax Memorandum To: Clerk of the Circuit Court c/o Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 415016 Naples, Florida $4112-5016 Jim Mudd Collier County Manager Governmental Center 5501 East Tamiami Trail Administration Building Naples, Florida 54112 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 55508-4610 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 54114 Reference: Signed Agreement between Port of the Islands Community Improvement District and Big cypress Landscape Company From: Darrin Mossing Manager Enclosed for your records, please find a copy Signed Agreement between Port of the Islands Community Improvement District and Big cypress Landscape Company approved at the September 2o, 2002. Should you have any questions or comments please do not hesitate to contact Jennifer McConnell at 954-796-6658. m RECEIVED ,JAN 2 4 2003 FINANCE oEPT 1611' Agreement THIS AGREEMENT, made and entered into this ~0th day of September, ~00~ by and between the Port of the Island Community Improvement District, Naples, Florida, party of the first part (hereinafter sometime called the "District") and Big Cypress Landscape Company, party of the second part, hereinafter called the "Contractor". WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, and the covenants and conditions herein mutually agree as follows: ARTICLE I. SCOPE OF WORK The Contractor shall furnish all labor, materials, supervision, equipment, supplies, 'tools services, and all other necessary incidental things required to perform complete, high quality, maintenance of landscaping areas within the Contract Documents. ARTICLE II. The District shall pay the Contractor for the faithful performance of the Contract in lawful money of the United States and subject to additions and deletions as provided in the Contract Document as follows: ARTICLE III. The Contractor shall commence work on October 1, ~00~ through September $o, ~2005. October 1, 2002 through September $0, 2005 - $50,028 October 1, 2003 through September so, 200~ - $50,028 October 1, 2o0~ through September 50, 2005 - $50,028 Termination the District reserves the right to cancel this Contract upon thirty (s0).days written notice in the sole and absolute discretion of the District. Notice of termination shall be in writing and delivered by certified mail to the Contractor. ARTICLE IV. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor has carefully examined the described Rights-of-Way, Water Management Areas and Similar Planting Areas and has made sufficient tests and other investigations fully to satisfy himself/herself as to site conditions. It is expreskly agreed that, under no circumstances, conditions or situations, shall this Contract be more strongly construed against the District than against the Contractor. Any ambiguity or uncertainties in the specifications shall be interpreted and construed by the District, whose decision shall be final and binding upon all parties. It is distinctly understood and agreed that the approval, and / or acceptance of any part of the YVork by the District as in compliance with terms of this Contract and related specifications covering said YVork, shall not operate as a waiver by District of the Strict compliance with any other terms and conditions of the Contract and related specifications. Any Work required by this Contract and related specifications not peribrmed by the Contractor, after receipt of written notice in accordance with Section 2.28 of the General Conditions of' such fhilure to perform said V~rork to recover reasonable cost for such Work from the Contractor or, reduce the sums of money due to the Contractor by the cost of such Work. ARTICLE VI. CONTRACT DOCUMENTS THIS CONTRACT SHALL INCLUDE THE NOTICE TO BIDDER: Notice to Contractor Instruction to Bidders General Conditions Contract / Agreement Proposal A Detailed Specifications Change Orders 1611 Article VII. Notices Whenever any party is required to give or deliver any notice to any other party, or desires to do so, such notices shall be in accordance with Section 2.17 of the General Conditions: DISTRICT: Port of the Islands Community Improvement District 210 N. University Drive, Suite 802 Coral Springs, Florida ~35071 Attention: Mr. Darrin Mossing CONTRACTOR: Big Cypress Landscape Company 12693 East Tamiami Trail Naples, FL 34~113 Attention: Tom Simmons IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and first above written in two (~) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. Board of Supervisors Port of the Islands Community Improvement District Collier County, Florida Ric~har~d G;t~i, Chairman- By: ,Cha[~' IL./Moycr, Secretary (/~ As to contractor: Port of the Islands Community Improvement District 1611 ' January 521, 2005 210 iV. University Dr., Suite 802 ~ Coral Springs ~ Florida $$07] (95~) 753-0380 ~ (954) 753-a~ s3 fax Memorandum To: Clerk of the Circuit Court c/o Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box ael$O16 Naples, Florida 84112-$016 Jim Mudd Collier County Manager Governmental Center 5501 East Tamiami Trail Administration Building Naples, Florida 541152 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 55508-4610 Tim Stephens Port of the Islands C.I.D. 152600 Union Road Naples, Florida 54114 Reference: Minutes of Meeting held November 15, 20052 From: Darrin Mossing Manager Enclosed for your records, please find a copy of the minutes of meeting of the Board of Supervisors of the Port of the Islands Community Improvement District as referenced above. Should you have any questions or comments please do not hesitate to contact Jennifer McConnell at 95+-796-6658. m RECEIVED 'JAN 9 4 2003 FINANCE DEPT 1611 MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, Nov~nber 15, 2002 at 10:00 a.m. at the Egret Room, 250oo Tamiami Trial, Naples, Florida. Present and constituting a quorum were Richard Gatti Bernard Wolsky Ted Bissell John Robinson Chairman Supervisor Supervisor Supervisor Also present were Darrin Mossing Daniel Cox Ronald Benson Tim Stephens Numerous residents District Manager District CounSel District Engineer Field Manager The following are the actions taken at the October 15, 20o~ meeting. A copy of the tape recording of the meeting is on file at the District office. FIRST ORDER OF BUSINESS Mr. Gatti called the meeting to order. svas present. Roll Call Mr. Mossing called the roll and indicated a quorum SECOND ORDER OF BUSINESS Organizational Matters A. Oath of Office of Newly Elected Supervisor Mr. Gatti asked would you like to swear Mr. Bissell in? Mr. Mossing responded yes, I ~vould. For the record, I am a notary in the State of Florida and able to administer the OathofOffice. Mr. Bissell, if you would raise your right hand Do you swear and affirm that you are a resident of the State of Florida and a citizen of the United States of America and being a Supervisor of the Port of the Islands Community hnprovement District and a recipient of public funds on behalf of the District, do you hereby solemnly swear and affirm that you will support the Constitution of the United States and the State of Florida and will faithfully, November 15, ROO2 Port of the Islands CID honestly and impartially discharge the duties upon me in the Office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida? Mr. Bissell responded I do. Mr. Mossing stated welcmne to the board. An unidentified speaker asked does he have to file another financial disclosure statement? Mr. Mossing responded no, he does not. Mr. Gatti asked do we? Mr. Mossing responded I do not believe so. Do we have to swear in Mr. Gatti and Mr. Wolsky? Mr. Cox responded I think so. Mr. Mossing asked do you swear and affirm that you are a resident of the State of Florida and a citizen of the United States of America and being a Supervisor of the Port of tlie Islands Community Improvement District and a recipient of public funds on behalf of the District, do you hereby solemnly swear and affirm that you will support the Constitution of the United States and the State of Florida and will faithfully, honestly and impartially discharge the duties upon me in the Office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida? 1611 B. Consideration of Resolution ~OOtS-1 Canvassing and Certifying the Results of the Landowners Election Mr. Mossing stated, Mr. Chairman, we will insert the information that occurred at the landowners meeting, which was the election of Mr. Bissell and the number of votes and, basically, this must rati~ those actions. We would need a motion to approve that Mr. Wolsky stated I move that we pass that Resolution 2005-1. Mr. Bissell stated I second it. ON MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the Resolution 2005-1 Canx~ssing and Certifying the Res ults of the Landowners Election was approved. November 15, 2002 Port of the Islands CID 1611 C. Election of Officer Mr. Mossing stated ho~v about if I go down the standing positions at this point as Officer and then the easiest way to handle this is if the Board just confirms that we will leave the Officers as they exist prior to the election. Mr. Gatti is Chairman, Mr. Wolsky is Vice-Chairman, Mr. Burgeson and Mr. Bissell are Assistant Secretaries, alm~g with mysdf as Assistant Secretary. Gary Moyea- is the Secretary and Rhonda Arcl~r is the Treasurer. Mr. Gatt/ stated unless someone has any problems with that or if someone wants to be Chairman for a term, or something. Mr. Mossing stated I wotfld like to make a motion to leave the slate of officers as they are. Mr. Bissdl stated I move Mr. Wolsky stated I second the motion. ON MOTION by Mr. Bissell, seconded by Mr. Wolsky, with all in favor, the slate of the officers to remain as they were was approved. THIRD ORDER OF BUSINESS Approval of the Minutes of the October 18, ~00~ meeting ON MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the minutes of the October 18, 2002 meeting were approved. FOURTH ORDER OF BUSINESS Consideration of Engagement Letter with Hoch, Frey & Zugman for the Year Ended September riO, ~0o~t Mr. Mossing stated this is the District's current independent auditing firm and that is a standard engagement letter to conduct the fiscal year 2002 annual audk, which has concluded September goth and xve would recommend approval of that Mr. Gatfi asked this is approving the infbrmation that they have pro~4ded us in terms of having to do with last year's audit? Mr. Mossing responded the District is required to have their financial records audited. November 15, 2002 Port of the Islands CID Mr. Gatti asked are we hiring these guys for another year? Is that what we are doing? Mr. Mossing responded yes. !, 6 I 1 Mr. Gatti stated okay I did notquite understand that Any problems withthatP ON MOTION by Mr. Bissell, seconded by Mr. Robinson, with all in favor, the engagement Letter with Hoch, Frey & Zugman for the Year Ended September ~30, 2002 was approved. FIFTH ORDER OFBUSINESS Acceptance of Bid for the 1994~ Ford Ranger Mr. Mossing stated the District placed an advertisement in the paper declaring this vehicle as surplus and following those procedures that are applicable to local governments for disposing of iterm that are deermd surplus. The only bid that we did receive was from Mr. Stephens for $260. That was the only bid we received on that vehicle and we recommend that the Board accept Mr. Stephens bid for that vehicle. [ Mr. Stephens' bid for the 199q~ Ford Ranger was approved. ON MOTION by Mr. Bissell, seconded by Mr. Wolsky, with all in favor, COVer.;) Mr. Gatfi asked before we go on to staff reports, is there anything else that xve have to Mr. Mossing stated no. SIXTH ORDER OF BUSINESS StaffReports Mr. Cox stated I think what I woukl have to say would be best if Mr. Benson starts his presentation and then if you have question regarding the implications of what he has to say today. A. Engineer Mr. Benson stated there was a question a few meetings agoabout a drainpipe that had caved in over by the hotd here That pipe is a pipe that, essentially, the sole purpose is to take the water from a catch basin along the side of the CID road over to the canal. November 15, ~00~ Port of the Isl~ds CIDi[ There were a few questions then and I researched it and said that the catch basin was in the CID roadway. It appeared that that is the only way that the water from that area can get out to the canal, which it needs to. Mr. Cox and I concluded, and I think you accepted our condusion, that that was something you need to take care of. I think it is still ongoing. Mr. Stephens stated it is still ongoing. We have to put the asp}~alt on top of it, but the rest of it is complete. Mr. Benson stated since there was a follow up question, I did download from the Tax Appraiser's Office maps of the property in the CID district and this shows where all the lines are on an area photo. I mean this is based on them putting the property boundaries into a GIS system. If there is a question about where exactly these roads are, in addition to the information I have reviewed, I am relying on how they are depicting this because Mr. Bissell had a question. As you can see, the property that the CID owns is on this side This is the road This is the catch basin. The only thing really that goes in this pipe is that catch basin. That is the basis of conclusion that we had pre~4ously made and nothing has changed. That was a question I wanted to verify. Mr. Wolsky asked what is the date on thai2 Is it the date that you downloaded it or is there another date on it? Mr. Benson responded the date of the photograph, I beliex}e, was January of ~o00 for rural areas. Mr. Cox stated I am pretty sure it is ~000 and they did the urban areas in ~oo~. Mr. Benson stated there was a question this month regarding a similar situation. Similar in the sense that there was a drainage pipe up by the north hotd that caved in and the question was, was that CID responsibility. I talked to Mr. Cox and received infofmation from Mr. Stephens and I printed out a photo of this area What you have there is that the CID road going to the north goes up to the hotd and then it goes to the east and then it goes up to the utility property. The road that goes to the lefk, or to the west; is basically a private road There is a parking lot for the hotd here and this is not a CID road This is a private road The area where the pipe is over here I did check, because there is a catch basin here and there is oneover here, this catch basin drains the CID road This catch basin drains out this way. This one is yours. This one is not. Mr. Cox and I both have that same condusion and that was a November 15, 2002 Port of the Islands CID question. 1611' Mr. Benson stared if you look at the red lines coming up this way and then going this way, that is the CID's property. That is their roa4 This is all private property. It is not the CID's. An unidentified speaker asked could youjust show me those catch basins you are talking about? Mr. Benson responded the catch basins are right here and one right her~ This one is the hotel's. This one is the CID's property. An unidentified speaker asked where does this one go? Mr. Benson responded this one here, as I understand it, comes over this way. Mr. Cox stated you guys did the canal. Mr. Bissell asked where does the catch basin actually go? Mr. Benson responded the catch basin is located here and right there. Mr. Bissell asked the first one is at the corner of that hotel? Mr. Benson asked this one? Mr. Bissell responded no. The other one. That one. Mr. Benson responded this one is right in this area right there. There is one on each sid~ An unidentified speaker stated it goes underneath the road and then there is a huge sinkhole. Mr. Bissell stated okay, so it is not an open catch basin. An unidentified speaker asked part of the curve? Mr. Benson responded it is curve and a catch basin. Mr. Bissell asked is that why that road is blocked? Mr. Benson responded I believe so. An unidentified speaker stated we did that for safety reason: Mr. Bissell stated because you have a sinkhole. Mr. Benson stated right. There was a question as to the one at the south hotd is the CID's and the one at the north hotd is not the CID's. We did research it and this, I think, is a reasonable condusion. There is one other area that I know of that may be a similar question in the future if there was to be some maintenance and let me showyou where that one is located. Again, first I want to let the Board see because they need to see. If you come dowm first to the hotd and you come down Newport, there is the marina parking area here and there are some November 15, 2002 1611 ~ Portofthe Islands CID catch basin type structures on both sides of the road here The pipe crosses and goes to the canal there. That is an outlet for the road drainage in this area The hotd and marina did some work in the last few years and they did '~dd some other drainage areas here and some inlets to their property that attached that same pipe. The pipe crosses their property, but it does serve on a drainage system. I have prepared another little sketch so that you can see that it is draining your area and what you will see is this is the property that CID owns. There are drainage swales here There are inlets that go into a pipe that goes out to here This is the property that is owned by the marina. This is the retention basin that they constructed There are inlets here I believe there is one in the middle of this parking area that went to the same pipe I guess what I need Mr. Cox to help determine what we need to do regarding this pipe It's original purpose was to drain that one there. The original purpose, from everything I can gather, is that it was to drain those drainage structures along the road, which is the CID's property. Now let me back up. The reason there is a road at question on this one by the hotd here, is that it is clear that this drains the CID's property. It is part of the CID's drainage system that they are maintaining when they acquired the property for the roads out here What I cannot find, and I do not think Mr. Cox was able to find either, is was there ever a document for the easement for that pipe There are two that I can find that probably do not have any documents. What we talked about a month ago and then I think two months ago also was that at some point we need to have a legal document prepared and then signed by these property owners allowing us this easement and pipe that is ours that it is using now that we are maintaining this pipe on their property. This one is one that would be in the future if it ever needs s~rious work, or needs to be dug up. I guess the question is howdo we want to handle this one. Is the entire pipe all the way out to the canal the responsibility of the CID or the fact that the private owner of the property also uses that pipe and what the status is there. Mr. Gatti stated let me giveyou a real quick overview on this and then we will do whatever the Board wants to do. I suspect the hotd would be reluctant to give us a perpetual easement through here without knowing what is going to happen in this parking lot in the future because I remember seeing some Noveanber 15, 2002 Port of the Islands CID plans and there was a building proposed for this sit~ An unidentified speaker stated that will not happen. 1611 Mr. Gatti stated if you are willing to give us an easement at this point, then my point is mo o t Mr. Cox stated we have prescriptive rights. never been memorialized. We have an easement, but it is just that it has Mr. Gatti stated so we have prescriptive rights there now. Draw up a little easement and if these guys go along with it, that is the end of that Do we need a ten-foot easement and then the twenty-foot for construction? Mr. Benson responded yes. I think ten feet would probably all you need I guess part of the question on this one is do we need one to go all the way to the canal or just to the structure that is there so we tie in to it, theoretically. Mr. Gatti asked do we go west or all the way hercO Mr. Benson responded your drainage needs to go all the way to the canal, but part of that system now is part of the marina's drainage system. For the CID to be responsible for this portion of the pipe that gets from your drain structure over to theirs and from their drainage structure out to the canal is their system. YVhich way do ~ve want to go? Mr. Wolsky asked who is going to be responsible for repairing this in the future? Mr. Benson responded I think that may end up how we handle it. It may end that if in the future there was a maintenance need and it is on the part of the system that serves their property as well as our property, who is responsible ther~ I do not know: Mr. Wolsky stated how do we decide that Mr. Gatti stated given the amotmt of taxes that the hotd pays and everything that goes with it, I think we should maintain our storm drainage system. I amjust kind of repeating what happens in other governments. Whenyou are drawing water from public property like a street or an alley or something like that, you are responsible for wherever the discharge is. Mr. Benson stated I think so ifthepipe was there originally. Mr. Gatti stated that is what I would recommend. The only reason we need an easement, and this is ~vhere it gets a little tricky, is if they put something in here that wonld be tremendously expensive to restore or repair, or something like that, then we have a little bit ora problem November 15, ~zoo~ Por{ of the Islands CID 1611 As long as it is a parking lot, it is no big deal and if you are willing to give us an easement through this parking lot, I would say go for the whole thing. That is what I would recommend. Mr. Bissell stated when Mr. Robinson comes back at the board meeting with the authority to do this; I see no problem with it. I have another question in the same order. We are on Stella Marls. The two drainage structure on each side drain the street and that curb and gutter and the outlets were them before any of the construction was done at the building. Is it CID's responsibility to maintain those? Mr. Cox responded let me try to explain what differentiates this because the answer is no, it is not for the CID to maintain this. Under the comtmn law of easements, and that would be what we govern since we have no document, it actually conveys the easement to us for thepipe here at the south hotd. You would be responsible for maintaining the easement for your intended purpose. It is just like if I gave you an easement for roadway across my property so that you could access your property, you have to build the road and you have to maintain it. My obligation is notto do anything to inhibit your useofyour easement, but I do not have to do anything affwmative to assist your use of the easement. That is why we determined that the responsibility for these pipes laid with the Dis~ict, even though they were on the property and possibly even, you know, gave some drainage relief to that property. Now, with any type of interest in property that you convey, you can set terms on how you convey that property, the extent to which you convey it and who has responsibilities for certain maintenance, for example. When the drainage systems were installed at Stella Maris, it was done by plat and the conveyance of those systems was done by plat That document specifically states that the District has the right to drain through that system and that it has no responsibility for maintenance and that maintenance responsibility for the drainage system lies with the Stella Maris Homeowners Associatior~ Mr. Bissell asked can that be changed? Mr. Cox responded if the Board is willing to accept the responsibility for maintaining it, it can absolutely be changed. Mr. Bissell stated to me it is the same as what we are doing right here Now, I may be November 15, 2002 Port of the Islands CID wrong, but that is the way I look at it. Mr. Gatti stated it is a little dif~rent. This goes into a retention area, does it not? Mr. Wolsky responded no. It goes into the canal. Mr. Benson stated it goes directly to the canal. same pipe that goes into the canal. Mr. Cox stated I would have to check that because that would make sense. not supposed to drain any water from this property into the canal straight. area, it 1611 Their retention area overflows into that I mean we are Mr. Benson stated that is correct When the levd fills up to the overflow into the retention goes into that pipe Mr. Gatti asked then they are using it as a conveyance to the canal too? Mr. Benson responded right. Mr. Gatti stated the only problem I have with the other side is that that was supposed to be a swale system and that was the South Florida pernit approval and correct me if I am wrong. That was supposed to be a swale system between those houses. Mr. Benson stated at the back of the houses, between the hbuses and the docks, that is what the homeowner is responsible for. Mr. Cox, am I correct that the drainage of the road is the CID's? Mr. Gatti stated the original plan shoves swales between the homes and they did not want those swales, so they piped it. That is what created the problem because instead of having a percolation effect, you have a flow through that pipe and you have a tremendous force coming out at the sea wall and then you have a problem. Mr. Benson stated there is actually a couple. One is drainage of the road goes through pipes that go back to the back of the property. At the back of the property there is also a swale system. Mr. Gatti asked howcan we wrap this thing up? Mr.'Bissell stated let me just ask one thing, unless I misunderstood you. There was supposed to be a swale between the buildings? Mr. Gatti responded right. Mr. Bissell stated but when they put the swale in when the man stood at the bottom of the swale all he saw was the base of the house. It was so deep and that is why they got permission from the county to put in the pipe Mr. Gatti asked what woukt you like to do, Mr. Bissell? lO November 15, ~200~ 161 1 Por} fthe Islands cIr) Mr. Bissell responded I would like to see the CID take easement of those pipes and maintain that in the future. They are plastic pipes the same as they put in over here Mr. Gatti stated take a look at that, Mr. Benson, and see what the ramifications are. My only concern, Mr. Bissell, is the impact down at the seawall. The way that is put together is almost an accident waiting to happen because you have that trermndous flow coming down to the seawall and that does not hold and if you have a trermndous storm and you just have a lot of water coming through that pipe That is not the way it was designed. area That is why it was designed originally with the swale Take a look at it and see what the ramifications are and let us be consistent. I agree with what you are saying. If we are going to do something one place, let us do it on the other end. Mr. Benson stated are the ramifications are who maintains it in the future. Right now it is clear the way the documents were presented and prepared that the Homeowner's Association maintains it. Mr. Gatfi asked is there a problem doing that? Mr. Cox responded from my perspectiveP Mr. Gatfi responded no, physically. Mr. Benson stated I do not think that there is a real physical problem. I know there was talk about doing some modifications to that system to put some relief pipes. Mr. Bissell stated we have that done That is completed. Mr. Gatti stated you put a bubble up in there so that it bubbles up into the retention area and then you do not have that. Mr. Benson stated no. It is actually when the retention area fills up, instead of waiting for them to overflow across the sidewall, there is some relief pipes that go to the canal. Mr. Gatti stated take a look at it and see what the ramifications are and if you think there is going to be 'a problem there, we should know about that in advance. ! agree with you, Mr. Bissell. I think we should be consistent. Mr. Wolsky stated we should be consistent and I think the question that I have in my nfind is Mr. Bissell's request for the CID to take over the maintenance of that because ~ve have done this other thing. Is there a causal relationship there? If they are two dit~rent things, if they are apples and oranges, then we are not responsible 11 November 15, 2002 Port of the Islands CID and should not take it over. 1611 If we are responsible by virtue of the fact that we are trying to do this for this particular piece of property in the hotd, then we should administer it. Mr. Bissell stated if Mr. Benson would come out and notify me when he is coming so I can show him exactly what has been done and then he can come back -with the recommendation to the Board and I would go withyour recommendation. Mr. Benson stated one thing that I think I need to maybe just mention and to make sure I am saying this correctly. I believe the CID is responsible for the maintenance around these other lots that are the single-family homes. Mr. Gatti asked is that the swale system? Mr. Benson stated that is the swale system. Mr. Cox stated right. I have not looked at that plat latdy, but it seems that is what I recall. Mr. Bissell stated remember we had to get permission for the person that is building over here a home right now that they could come out close to the swale and take part of the swale. Mr. Cox stated that is right. Mr. Gatti stated my general sense of it is that we should maintain the storm sewer system because one way or another it effects the entire property. Mr. Wolsky asked why did we not take over the maintenance of that when the builder completed Stella Marks? It seems to me that you did not do it properly and that is .why you recommend that we not do it. Mr. Benson responded I am not sure there was ever a request to take over the drainage. Mr. Gatti stated let me share with you why I think we should take over the maintenance of the storm sewer system. The Homeowner's Association is organized and everything else In a lot of cases, we can send Mr. Stephens out there and in a lot of cases we can do the work ourselves and that sort of thing. We are more capable of doing this kind of stuff. Whereas a' Homeowner's Association or an individual homeowner does not know where to come and get a storm sewer. You do not go to a hardware store and buy one of these. That is the idea and we should be consistent. I guess that is the other thing that I think is important. Mr. Bissell stated Mr. Benson; I want to thank you for your research on my questions about this other project over here. 12 Nove~nber 15, 2002 1611 *t~t °fthe Islands CID Mr. Gatti stated take a look at it and see the way it comes together. I think the general sense of the Board is that we should sort of maintain the storm sewer system. Now, if there is a problem out there, the other thing I would expect you to say is something has to be fixed before you take it over just like we do the roadways. Mr. Benson stated I believe there has been something done I will come out and look at it because I was asked to go out this year. At that point, basically, it was not CID's responsibility. Any work that was done was done by the Homeowner's Association I do have one other follow up item from last month and that was you authorized me to make an application for a grant from the Big Cypress Basin of the South Florida Water Management District for matching funding for a project that is under way. I did complete the application and we turned those in. That has been submitted. I have copies here Mr. Gatti asked how much is the application for? Mr. Benson responded we have applied for a grant of $50,000, but we would have to spend $5o,ooo. Mr. Gatti asked we have to come up with the matching funds? Mr. Benson responded that xvas the amount. I said last month that $ lOO, OOO was my rough estimate. I did the work this month to prepare and it seemed like the right number. We also, on your behalf, requested an extrusion to the time to execute the grant and we did get an extension through, I think, the end of June I sent that over to you and I think you executed it and send it back We are okay on our current grant. I am hopeful that we have a good chance to get this grant based on my discussions with Mr. Tears. Hopefully, you have good standing there. In the next few days I'll give some additional information that goes along with what we have applied for this grant to do to, hop~ully, get our perrdt issued. That will be happening in the next week or so and, hopefully, we will have news on that permit shortly. Mr. Gatti asked howlong is it going to take to hook up? Mr. Benson responded actually xve are going to then acquire some pumping equipment so it is §oing to take some time It is not going to be just a matter ofxveeks. We have to work u4th the contractor and figure out if we are either going to have the corm'actor buy the pumps or are we going to acquire the pumps and just pay him to install. I am 13 November 15, c200fl Port of the Islands CID going to have to work that out once we get DEP's authorization. Mr. Gatti stated the only reason I asked is dry season is coming up. Mr. Benson stated I do not think we will be able to necessarily count on that this year. sorry. Hopefully we will have the permit in the next 60 days. Mr. Gatfi stated you were going to mix your cormmnts with Mr. Benson's. happen? Mr. Cox responded pretty much. Mr. Gatti asked anything else> You want to tell us anything about the lawsuit. Did that B. Attorney Mr. Cox stated that nothing is going on. We are kind of waiting for time periods, to lapse for production. Mr. Gatti stated we have a lot of new faces here Give us the dates. Mr. Cox stated l{tb, 15th and 16th of January at the Federal Courthouse in Fort Myers. The trial will commence then An unidentified speaker stated it is a Wednesday, Thursday, and Friday. Mr. Cox stated yes. It is Wednesday, Thursday, and Friday. C. District Manager Mr. Mossing asked Mr. Benson, on the grants and from a cash flow standpoint, will you at some time in the near future kind of put a time frame to when you think we are going to spend which monies and how quickly we are going to need that additional $100,0o0. Mr. Benson responded yes, I will Mr. Mossing stated then I can report back to the Board to make sure that we are going to be okay fr0ma cash flow standpoint. I think we are. Mr. Gatti asked we front the money and then we get fifty back> Mr. Benson responded yes, we do. Mr. Mossing stated I do not know ifxve will finish the first grant and then be able to request that $75,ooo back before we spend the next hundred in the second grant or if we have to spend all grant monies and then request it all at once Mr. Benson stated we are going to try to close out the first grant so that you can get the November 15, 2002 Port of the Islands CID reimbursement towards the second grant. 1611 Mr. Gatti stated South Florida is very accommodating. They xvill get yo~your money. As soon we get a final plan and a final report stamp, they get you your money. They are great about that Mr. Mossing stated just one item that I believe I circulated to the Board members yesterday or the day before regarding a request from Marlene Marchanet on two water and sewer utility accotlnts. Mr. Gatti stated please give us an overview there. Mr. Bissell stated I have not seen that. Do you have an extra one? Mr. Mossing responded yes. Mr. Benson might know more about it than I do, other than what is in writing. Mr. Gatfi stated I think we understand the mechanics of it. What I want to understand is the numbers. Mr. Wolsky asked may I ~nake some comments about it? Mr. Gatt/responded go ahead. Mr. Wolsky stated let me read the first two paragraphs. Concerning water and sewer utility billings. In mid-October, I, Marlene Marchanel, recdved the water and sewer bill for the September {th to October 1st ~00~ service period. All our accounts have been paid in full except for account number so and so and so and so. Partial payments were made on these two accounts, as the billings were thousands of times higher than the previous months billings and historically. We regularly read the meters to check for inconsistencies as well as checking for wet areas, which can identify leaks. Unfortunately, due to being short staffed and it'being the wet season, two very damaging leaks went unnoticed for a period of time At prior CID meetings it was identified that the District's staffwhen regarding such unbdievable, readings brought it to the attention of the property owner. However, unfortunatdy, that was not the case here Then Ms. Marchanel puts down the figures. I challenge her figures because the highest bill xvas for $~,56~2.88. The bill next to it, which was supposed fo be thousands of times more expensive, was $52.25. I divided it out and it turns out that the first figure was ~ times higher than the previous figure. That is inaccurate. Secondly, if you can come up xvith a figure saying thousands of times, that would be perhaps 15 November 15,200R Port of the Islands CID a dollar or two dollars for that period of time Ms. Marchanel stated you have my apologies. I was pressed by the dollar amount. I' d t do the mathematics of it. My apologies. Mr. Wolsky stated I just wanted to correct that because to let something like this go unchallenged, it just means we accept it and we do not accept it. Ms. Marchanel asked so it was actually ~9 times higher? Mr. Wolsky responded ~9 times higher. Ms. Marchanel stated in one month. I count a little more than that because one was a 27-day period and the one you refer to is a sT-day period. Mr. Gatti stated let us round this off so we do not get tied down into this thing. The average bill is about $600 to $700. That is what your average bill is and in comparison from $600 to $700, your bill was $~,56e. Is that a fair statement? Ms. Marchanel responded yes. Mr. Gatti stated so let us keep it in those round numbers. Then at the bottom on the other one, your billwas $1,s00 andyour average bill is about SsOO. It is four times as much in one case and four times as much in both cases. That is what we are talking about. Mr. Wolsky stated the second thing I would like to say is the cause of this leak as my understanding is, is that the CID is responsible for getting water to you and through the meter. If anything interdicts that flow or is incorrect in that or if the meter readings are incorrect, that is our fault. After it goes through the meter, it is my understanding that we are unable, as a CID Board, to forgive any overages. Is that thecaseO Mr. Gatti responded let me control the meeting. I think, historically, we have forgiven sewer bills on leaks likethis because I think the rationale was that we are not treat the water. Our rationale for attaching the sewer bill to the water is you use so much water and the result is. so much sewer. This obviously did not go into our sewer system. Mr. Wolsky stated in that regard, let me make a conunent on two people who came up to me who own swimming pools and they said the ~vater evaporates from their s~vimming pool and they would like me, as a CID member, to do something about that because it does not go through the sewer system. I thought that was a frivolous request because I have a swimming pool too and I really do 16 November 15, 2002 Port of the Islands CID not consider it to be a valid argument. 16 1 On the other hand, if we forgive a sewer bill because it does not go through the system, then arewe going to be giving a recourse to people with swimming pools? I mean, fair is fair. Mr. Gatti stated I understand. Ms. Marchanel asked may I read the paragraph where I was? Mr. Gatti responded sure Ms. Marchanel stated I said I realize that the water is used whether I like it or not and it needs to be paid, even though water usage at that time of the year is extremely low and requires special attention due to that fact However, I can guarantee that the water leak never went through the sewer and as such, was not subject to the services, which justify sewer fees. I am not questioning the water at all. The water alone, the costs are higher than the peak time of the year. Never mind the time of year that it was, but I was just hoping that something can be done on the sewer. Mr. Gatti asked can you give me a thumbnail sketch if somebody pays two dollars for a sewer and water bill, how much is sewer and how much is water? What is that proportion? Ms. Marchanel responded almost double. Mr. Gatti stated for every two dollars youpay in water, it is a dollar in sewer. Ms. Marchanel stated no. Sewer is more expensive. Mr. Gatti stated sewer is two dollars. Ms. Marchanel stated it is 1.7 higher, I think it is what it comes to. Mr. Gatti stated so that kind of gives us an overview. What is the Board's pleasure? Mr. Wolsky, I hear what you are saying because I have had the same requests, but I know that we have forgiven sewer bills and, as a matter of fact, we have done so for the hotel. Mr. Cox stated I know where I live at the sewer bill is capped just for that purpose. It is capped at 8,000 gallons, so if it goes over that you only pay for that amount because they have realized that there is water breaks and things that happen where the water is not being put in the sewer. They had a history and they capped it and anything over that is unusual. Mr. Gatti asked what is the Board's pleasure? Mr. Wolsky responded there is one further thing I would like to say. Mr. Gatti stated go al~ead. Mr. Wolsky stated Ms. Marchanel says that at prior CID meetings it was identified that the 17 November 15, ~OOfl Port of the Islands CID Dislrict staff, when regarding such unbelievable reasons, brought it to the attention of the proper owner. However, un£ortunatdy, that was not the case here I would just like to make the point that we are not responsible for monitoring anybody's water bill_ Ms~ Marchanel stated I know that, sir. Mr. Wolsky stated it is not our responsible to call that tO your attention. You admit that you were understaffed for the season type of think. I think it is your responsibility to be properly staffed whether than ask for recourse through the CID. I am mentioning that because of the historical thing which resulting in the Port of the Islands litigation business. Ms. Marchanel stated I have been following that one. Mr. Wolsky stated okay, then I withdraw. I would like to call your attention to something that is incorrect here and ask you not to bring it to our attention again in the future because it is not our responsibility. Ms. Marchanel stated actually I identified that from a viewpoint of saying that' the staff should help maintain that because that is what they do. I mean we all try to work together here Mr. Gatti stated let me control the meeting. Mr. Bissell asked you asked my opinion? Mr. Gatti responded yes, sir. Mr. Bissell stated my opinion is seeing past history, the way I remember it, that I wood like to see $$00 paid for the sewer and $700 for the water. Ms. Marchanel stated I have already paid that Mr. Bissell stated for that month for $2,56e~ that would be a $700 bill because the season has not even started yet, that main season here, and the water bill of $$oo. Mr. Gatti asked what you are saying is to accommodate what she asking for in her letter? Mr. Bissell stated yes. Mr. Mossing stated if I could add something. I have not gone back and looked at the historical dat~ I took her numbers for what they are worth at this point. Rather than give dollar figures, if the Board is of the mind to give her some type of relief, I would pretbr to go back and look at the historical flows for a ~vhole year and then do the analysis based upon that_ Ms. Marchanel stated I have them here 18 No¥omber 15, ~00~ Mr. Gatti asked my question is then to Mr. Cox. Can we forgive through the meter? I was under the impression we could not as a CID Board. that Port of the Islands CID We have been told Mr. Cox responded I have not had a chance to look into it. Mr. Wolsky stated the person who owned the hotd business beforehand came and presented the same thing and was told we could not forgive those things. I am saying we just should be consistent. Mr. Cox stated I did not know about it until I got here, so I have not had a chance to look at it. Mr. Gatti stated, Mr. Mossing, look at this and come up with a historical flow. Mr. Bissell stated and Mr. Mossing could look and see if ii is possible. Mr. Stephens, this morning, was out here looldng at a break. This break had been going on for ~ hours and it was a big break, a big flow. Them was thousands and thousands of gallons in the last ~+ hours that went right down the drain. Are we going to charge for that> We have not in the past Mr. Gatti responded but that is ours. Mr. Bissell asked pardon me? Mr. Gatti asked is that not ours? Mr. Bissell responded no. It is our water, but the contractors are the ones that broke it. Mr. Gatti asked who broke it? Mr. Stephens responded a truck when he backed in to pour concrete last night. They were pouring laslSnight and he ran over our water meter and broke our line Mr. Gatti stated he should pay for it. Mr. Bissell stated there has been other breaks in the past and I have not complained and I am not complaining now. They have been fixed and the contractor fixed them but they never paid the water and we have not billed them for it. I mean, like that big break last night. I am talking big mo ney. Mr. Gatti asked well, you can see your increase in flow at the plant and come up with a number? Mr. Stephens responded well, this is irrigation. I believe it all went through the water meter though. Mr. Bissell stated irrigation is more That is 1,00o gallons. 19 ~,]?ort November 15, ~OOg Mr. ©atti stated find out what the numbers are. Of course we should bill them and we should bill them for the damages. These guys come in here and do what they want and then walk a~vay and we arLe stuck with it. Mr. Stephens stated we have billed them before and they did not pay it. Mr. Gatti stated you bill them and then if they do not pay then you give the bill back to us and we will take care of that These are private roads out here If they want to pour concrete out here, they better pay it. What else do we have going on? Ms. Marchanel asked can I just have that clarified. There have been payments made, but there is an outstanding balance. Can I ask what is the status of the outstanding balance? Do you need to make a decision? Mr. Mossing responded we would recommend that we continue to the next monfffly meeting. The services will not be disconnected if it is in dispute and then we can come back to the Board with more information Ms. Marchanel stated I want to make it very clear that I am not asking for a break on the water. The water amounts that went through the meter we are fully prelmred to pay and a proportion of the amount also on the sewer piece. I know that the water we did really use did go through the sewer. That is all that I am asking. Mr. Gatti stated no problem. Ms. Marchanel stated I appreciate it. Mr. Gatti asked, Mr. Mossing, do you have anything else~ Mr. Mossing responded no, I do not. Mr. Wolsky asked, Mr. Mossing, do you want to mention the website? Mr. Mossing responded yes. A couple of months ago,.Mr. Wolsky made a request of possibly having us set up a website to place the minutes on line and for viewing and we have done that on a temporary basis. Mr. Wolsky reviewed those last night. The website is Fladistrictcom and Florida is abbreviated, Fladistrictcom and if you log onto that you will see it is the Coral- Springs Improvexnent District's website, but you will see Port of the Islands. You just click on it and it has last year's minutes on line Mr. Wolsky stated it is www.Fladistrict, one word, dot com. ~o November 15, ~oo~ Port of the Islands CID Mr. Mossing asked did you click on to Coral Springs? Mr. Wolsky responded no. Mr. Mossing stated if you do it, you will get an idea of what the website and the options that are in place there. That is a large district that services, I think, about 11,0oo utilities customers in the City of Coral Springs. Mr. Wolsky stated Mr. Mossing mentioned that he would like to know if we want this expanded so that we could pay our bills on line or access the site that will tell you how much money you still owe on your assessments to see if you wanted to pay that off. There are a number of other things that can be done on this, but as Mr. Gatti says, the good news is we can do anything we want The bad news is we have to pay for it. The same thing would apply here Mr. Mossing stated what I would like to do is I would like to talk to Mr. Wolsky after the meeting and give some options and then possibly place that on the agenda for consideration next month for the CID to decide. Basically, our organization is looking at two proposals. One would be the bare minimum, which is just put the minutes on line You can go on there and read them The other one would be to actually have your own website with various options like paying on line, reviewing assessments, looking at your own utility account, the minutes, resolutions. We can expand that m~d then, maybe, even have some responses. Mr. Wolsky asked how current would that be? Woukl somebody like Ms. Marchanel be able to access that to try to eliminate a problem like mounting water bills? Would they be reflected on that> Mr. Mossing responded no. It would be just the pure billing and payrmnts. Mr. Gatti asked how about a newsletter? Mr. Mossing responded certainly that would be an option. Mr. Gatti stated because one thing we are missing at the Port is our ability to communicate to everybody that is here Mr. Mossing stated the individual in our office who is handling the website at this point I guess would recdve a newsletter from someone here and they Would communicate with him and place it on the website. We will come back next tnonth and discuss that Mr. Benson stated I have one comment about that Since you are talking about that, any 1611 kind of publicity like that where you can get information out to the customers and users here, DEP encourages that people who have these systems use it as a way to get information out. Anything you can do would be gooc[ Mr. Gatti asked anything else, Mr. Mossing? Mr. Mossing responded no. Mr. Gatti asked does the Board of anything they want to bring up. Mr. Bissell stated I would like to askMr. Stephens a question. Maybe I will give you a little background. Where I came from your fire system, your hydrants, are potable water and once or twice a year they drain it. Do we have that same thing here> Mr. Stephens responded the fire hydrants on two streets here off of Newport Drive are potable water. The rest of it is irrigation water. Mr. Bissell asked you say the pump kicks in after the pressure goes down Are all of us drinking the canal water? Mr. Stephens responded no. Mr. Bissell asked so canal water never gets into anybody's drinking systerr2 Mr. Stephens responded no. Mr. Bissell stated thank you. D. Field Manager Mr. Stephens stated I do have one item Mr. Bissell stated he had brought a sign over to me to repair and we were unable to repair that sigrr It was bent so badly, so I ordered anothe~ one. It cost, like, $99 for that sign and ~ve bought some new brackets and put it on the pole we have With time and everything, it cost probably $180. Mr. Gatti stated and xve are going to send the guy a bill I did not bring that information, but we have it. Mr. Stephens stated we have his name Mr. Gatti stated we are going to send the guy a bill. If he does not know how to handle a boat, he should pay for it. Mr. Gatti asked, Mr. Wolsky, do we want to do it after the meeting? Mr. Wolsky responded after. November 15, 2002 P°rt °fthe Islands T6 I SEVENTH ORDER OFBUSINESS Supervisor's Requests and Audience Comments Mr. Gatti asked does anybody in the audience have any comrmnts they want to maker Ms. Marchanel asked would it be possible to get copies of stone of that material alJo..~:, the drainage problem in the north side for me to give to Mr. Magwamy because he needs to iss'de of getting that fixed and as an incentive in order to it done quickly. If he knows the District has looked into it and it has been clarified by both the engineer and the attorney, then it his responsibility. Mr. Gatti responded sure Anyother cormmnts? Mr. Crarmr stated just a comment on what Mr. Wolsky said earlier about the drainage at Stella Marls. I am just wondering if I have not heard the same thing before that the people at Stella Marks bought those properties owning that drainage system with their eyes wide oper~ Why would the CID want to take over something that somebody else has already assumed? Mr. Bissell asked would you explain what you mean that they bought it with their eyes wide operP Mr. Cramer responded welk that was part of the documents, which they bought, which assumed responsibility for that system. Mr. Bissell stated we were given it. We had no say in it whatsoever. Mr. Cramer stated it was part of, if I understood Mr. Mossing right, it was part of their responsibility when they ass umed the mortgage. Mr. Gatti stated let us revisit that and kind of settle it. Mr. Cramer stated I am not objecting. Mr. Gatti stated we are going to beat that horse to death. Mr. Crarmr stated if the CID, as a whole, would want to assume a responsibility that someone else has already assumed. An unidentified speaker asked is there a minimum number of meetings that you have to attend to maintain your seat on the Board? Mr. Gatti responded you make a good point because I think the three of us or four of us are here most of the time. An unidentified speaker asked should there be? I think you should address this. Mr. Gatti responded I think it is at the discretion of the Board if we see that something is 25 November 15, fl00~ being so terribly abused and it is totally out of line Mr. Cox responded not that I am aware of. The statute is your charter. Port of the Islands CID Is there anything we can do about it? The statues do not contain anything about it. Mr. Gatti stated the people that are on the board are all here because of our interest in the community, even the folks that are not here If something does not work right, I think they would go along with anything that the board wanted. I think we could just talk to people and say if you are not going to show up, why not get somebody that is so we have a certain continuity here because what was happening going back quite a fewyears nowis we would talk about the same thing at every meeting for about two hours. The same thing because people were missing and that got kind of old. Mr. Mossing stated even though I knowMr. Burgeson loves Port of the Islands, as fast as he is selling his property, his interest in the development is going away. Mr. Gatfi stated I know and we can talk to him and I am sure that if he is not going to show up at the meeting, we will ask him to resign. Mr. Mossing stated his term is up in ~00+. I do not believe he is a resident. An Unidentified speaker asked Mr. Wolsky, xvill the minutes still be available at the desk of. the hotd? Mr. Wolsky responded yes. An unidentified speaker stated somebody came and asked someone at the desk and they did not know what they were talking about. Mr. Robinson stated well, that is a possibility. I will talk to the front desk They are right underneath the phones. Mr. Gatti asked you said newsletter or minutes? An unidentified speaker responded minutes. Mr. Gatti stated now that we have the audience participation going, I would like to ask for volunteers to consider doing the newsletter. It is a chore and you have to have certain talents to do it, but we really need something here at the Port An unidentified speaker stated I got one yesterday from the Port of the Islands Realty that says a fexv things. Mr. Gatti asked Bob Genung? Mr. Wolsky responded no this is Tom Bermrd's I believe. Novanber 15, 2002 Port of the Islands CID Mr. Gatti asked do we have to pay the bills? Mr. Mossing responded yes. Mr. Gatti asked, sir, did you want to make a presentation? An unidentified speaker responded no. I am just an eavesdropper. Mr. Gatti stated you are very, very welcomed. I do not think you learned anything this morning. An unidentified speaker stated I feel that I have been greatly enlightened from when I first came in here Mr. Bissell stated I move that we pay the bills. Mr. Robinson stated I second it. An unidentified speaker stated I have a question. Mr. Gatti responded yes. Go ahead. Mr. Haworth asked I am Darrel Haworth of SteIla Marks and I want to know if Sel]a Marks Drive belongs to CID and the sewer that are on the road belongs to the CID? Mr. Cox stated we have the right to use that They have no responsibility for maintenance Mr. Haworth asked where those pipes go to and where they end up, are you responsible for where they are dumping? Mr. Cox responded Mr. Haworth asked Mr. Cox responded Mr. Haworth asked Mr. Cox responded Mr. Haworth asked no. just to the pipe to that spotP not even that they are not responsible for the piping .there? no. that is for all the streets? Mr. Cox responded that is just for the plot of Stella Marks. I have not looked at all the plots. Mr. Gatti stated I appreciate the point of your question and that is why we want to look at this a little bit and see if we can devdopment some consistency, even though what with Mr. Cox told legally, I think we are absolutely solid in where we are at. Let us look at consistency throughout the community because we all pay the same amount of taxes and everything that goes with it. 1611 25 November 15, 2002 Port of the Islands CID EIGHTH ORDER OF BUSINESS Approval of Check Register ON MOTION by Mr. Bissell, seconded by Mr. Robinson, with all in favor, the check register was approved. NINTH ORDER OF BUSINESS Adjournment ON MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the meeting was adjourned. Chairman / Vice Chairma~N/ Friday November 15, 2002 10:00 a.m. Agenda Port of the Island Community Improvement District 1611 Egret Room 25000 Tamiami Trail Naples, Florida Roll Call Organizational Matters a. Oath of Office for Newly Elected Supervisor b. Consideration of Resolution 2005-1 Canvassing and Certifying the Results of the Landowners Election c. Election of Officer Approval of the Minutes of the October 18, 2002 Meeting Consideration of Engagement Letter with Hoch, Frey & Zugman, for the Year Ended September $% 2002 5. Acceptance of Bid for the 199z~ Ford Ranger 6. Staff Reports a. Attorney b. Engineer c. Manager d. Field Manager 7. Supervisor's Requests and Audience Comments 8. Approval of Check Register 9. Adjournment PORT OF THE [SLANDS 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 Naples Daily News Naples, FL 34102 Affidavit of Publication : Naples-Daily New~ _ ~ --. -= __- :.~'.~ ~: -.-~-- REFERENCE: 010948 58544159 NOTICE OF LANDOWNERS State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published au Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/22 10/29 AD SPACE: 111.0OO INCH FILED ON: 10/29/02 Signature of Affiant -----7 Sworn ,o and Subscribed~e ,e~:y of ~' 200 Personally known by me 1611 LANDOWNERS MEETING PORT OF THE ISLANDS COMN~UNITY IMPROVEMENT DISTRICT _ Notice Is hereby given'-~'-:- T_~__ fo all landowners within -. -: - the Port of the Island Communlf¥ Develop- rnenf District fhat a meeting of landowners will be held for the pur- pose of electing three Supervisors. Date: Friday, November 15, 2002 I Time: 10:00 Place: 25000 Tamlaml Trail- Naples, Florida Each landowner may vote In person or by written proxy. Proxy forms may be obtained uon request c~ the of. rices of the Dlsh'lcf Man- agar, 10300 N.W. 11 Manor, Coral Springs, Florida 33071, (954) 753- 0380. At sold meeting each landowner or his ~oOXY shall be entitled cast one vote per acre of land owned by him and located within the Dlsfl'lct for each ~.~fo be elected. A of an acre shall be treatecl as one acre. Immediate followlng the landowners meetln~ there will be convenea the regular meeting of theBoard of SupervI. sots for the purpose of considering certain or. ganlzatlonal matters of the Board and other such business which may properly come be- fore the Board. The meeting Is open fo the public and will be con- ducted In accordance with the provlslons of Florida Law for Com- munity Development Districts.' Any person requl.r, lng special accomrnodmlons at this meeting because of a disability of physi- cal Impalrment should contact the Dlstrlct Of. rice of (954) 753,0380 least five calendar days prl~r to the meeting. There may be accaslons when one or more Su. pervlsors will partici- pate .by telephone. At me a~ove location there will be present a speak. er telephone so that any Interested person can attend the meeting at the above Iocatlon and be fully Informed of the dlscusslons taking place elthor In porsori or by telephone communlca. tlOn. Each person who decld. es to appeal any action taken of these meetings Is advlsed that person will need a record ol the proceedings and that accordingly the perSOn may need to en- sure that a verbatim record of the proceed- Ings is made, Including the testimony and evi- dence upon which such appeal Is to be based. Danln Mossing Manager Oct. 22, 29 No. 15074 Oath of Office I, Ted Bissell, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community hnprovement District and a recipient of public funds on behalf of the District, do hereby solemnly swear or aflirm that I will support the Constitution of the United States and of the State of Florida, and ~vill faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida. Date Sworn to (or affirmed) before me this signature appears hereinabove. 15th day of November, 2002 by Ted Bissell whose Public St Il I1~~~_.; ?.,--m~--- II Print Name II-a , 4 /i My Commission expires Personally known__ Type of identification or produced identification Oath of Office I, Bernard E. Wolsky, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and ~vill faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida. Bernard E. Wolsky Date Sworn to (or affirmed) before me this 15th day of November, 2002 by Bernard E. Wolsky whose signature appears hereinabove. Print Name ~4/ ,x,,~r,.~:s: Janua, a4, 2oo~ My Commission expires Personally known__ Type of identification or produced identification 1611 Oath of Office I, Richard Gatti, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm' that I will support the Constitution of the United States and of the State of Florida, and ~vili faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida. RiChard Gat[i -- ~X~ Date Sworn to (or affirmed) before me this 15th day of November, 2002 by Richard Gatti whose signature appears hereinabove. N~(a~y Public S Print Name ~-_ _ _~_ _~ ~:~ U~ My Cmnmission expires Personally known /'/-~ar produced identification Type of identification RESOLUTION ~005-1 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 19o.oo6(~), FLORIDA STATUTES Whereas, pursuant to Section 190.006(2), Florida Statutes, a landowners' meeting is required to be held every two years following the creation or re-establishment of a Community Development District for the purpose of electing one (1) of the five (5) Supervisors for the District; and WHEREAS, following proper publication of notice thereof, the landowners' meeting was held on November 15, 2002, at which the below recited person is duly elected by virtue of the votes cast in his respective favor, as likewise set forth below; and, WHEREAS, the Board by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT; 1. The following person is found, certified, and declared to have been duly elected as Supervisor of and for the District, having been elected by the votes cast in his favor as shown, to-wit: Ted Bissell 256 Votes In accordance with said statute, and by virtue of the number of votes cas.t for the respective Supervisor, he is declared to have been elected for the following terms of office: Ted Bissell Four (~) year term 1611 ~. Said terms of office shall commence immediately upon the adoption of this Resolution. Adopted this 15th day of November 2002. Chairman / Vice Chairman HOCH, FREY 8< ZUGMAN CIrRTIF'It='D PUBLIC ACCOUNTANTS A PARTNI='RSHIP OF PROFESSIONAL ASSOCIATIONS DAVID B. ZUOMAN, CPA, P.A. DAVXD B. BL~CE, CPA, P.A. FREDERICK S. WEINSTEIN, CPA, P.A. STEvg~ 14. BOmlSM~N, CPA, P.A. JOEL HOCH, CPA. - HETIRKD SAMUEL PREY, CPA - RETIRED 1611 FOURTH FLOOR 4875 NORTH FEO£RAL HIGHWAY FOHT I~UD~RDAL~, FLORIDA [~G308-4610 F~ 954.351.9011 4.OI CAMINO GARDENS BOULEVARD "[61.368,9272 E~A'L: adminOhfzcpa.com August 5, 2002 Board of Supervisors Port of the Islands Community Improvement District 10300 N. W. 11 Manor Coral Springs, FL 33071 Attention: Gary L. Moyer Dear Mr. Moyer: We are pleased to confirm our understanding of the services we are to provide for Port of the Islands Community Improvement District ("the District") for the year ending September 30, 2002. We will audit the general-purpose f'mancial statements of the District as of and for the year ended September 30, 2002 in accordance with the financial reporting model in effect prior to that described in GASB Statement No. 34. Audit Objectives The objective of our audit is the expression of an opinion as to whether your general-purpose financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit will be conducted in accordance with U.S. generally accepted auditing standards 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 Port of the Islands Community Improvement District and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the general-purpose financial statements is other than unqualified, we will fully discuss the reasons with you in advance. It: 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 to issue a report as a result of 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 laws, regulations, and the provisions of grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. We will also provide a management letter as required by the Rules of the Florida Auditor General. Port of the Islands Community Improvement District August 5, 2002 Page 2 1611 Management Responsibilities Management is responsible for establishing and maintaining intemal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general-purpose financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the 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 general-purpose financial statements taken as a whole. 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. 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 caused by error or fraud. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatement (whether caused by errors or fraud) or illegal acts may exist and not be detected by us. In addition, an audit is not designed to detect immaterial errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the general-purpose financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any 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 ~vith selected individuals, 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 also require certain written representations from you about the financial statements and related matters. ttOCH, FREY ~ ZUGI~I~kN, CPA's Port of the Islands Community Improvement District August 5, 2002 Page 3 Identifying and ensuring that the Port of the Islands Community Improvement District complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general-purpose financial statements are free of material misstatement, we will perform tests of the District's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures-Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the District's general-purpose financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. 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 general-purpose 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 general-purpose financial statements. Our tests, if performed, will be less in scope that would be necessary to render an opinion on the internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgement, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general-purpose financial statements. Audit Administration, Fees, and Other The District shall have adjusted or closed all accounts and have prepared a general ledger and trial balance and shall have them available for audit by November 1, 2002. The District shall provide space deemed adequate by the auditor to efficiently conduct the audit. The District's staff shall render all feasible assistance, including preparation of schedules required by the auditor, typing of all cash or other confirmations we request, locating any invoices selected by us for testing, shall respond promptly to requests for information and provide all necessary books and records for the auditor to expediently conduct the engagement. The workpapers for this engagement are the property of Hoch, Frey & Zugman and constitute confidential information. However, we may be requested to make certain workpapers available to others pursuant to laws, regulations, Section 4.38 of Government Auditing Standards, and/or agencies with whom you have contracted for grants. If requested, access to such workpapers will be provided under the supervision of Hoch, Frey & Zugman personnel. HOGH, FREY 8,: ZLrGI~LAN, GPA's Port of the Islands Community Improvement District August 5, 2002 Page 4 1611 We expect to begin our audit on approximately November 1, 2002 and to issue our reports no later than March 31, 2003. We estimate that our fees for these services will be $4,900 for the General Fund and $4,900 for the Water and Sewer Fund. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. This estimate 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 before we incur the additional costs. Our fee estimates for subsequent years will be reviewed and agreed prior to June 30 in advance of each year. The District is required to implement GASB statement 34 no later than its year ending September 30, 2004. GASB statement 34 prescribes a redesign of the annual financial statements including 1) Management's Discussion and Analysis, 2) redesigned financial statements, and 3) Required Supplementary Information. This implementation should necessitate significant assistance from the auditors, which is not included in the fee estimate above. The District's management will determine when to implement GASB statement 34 and the extent of involvement by the auditors. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2000 peer review report accompanies this letter. We appreciate the opportunity to be of service to the 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, HOCH, FREY & ZUGMAN Certified Public Accountants RESPONSE: This letter correctly sets forth the,allderstanding of the Port of the Islands Community Improvement District. By: Title: HOGH, FREY Lac ZUGM&N, GPA's DAVIS MONK Company Certified Public Accountants & Business Consultants ,4 h'trtnership Consisting of Pro~ks.viona1,4ssoci~fions Mailing address: P.O. Box 13494- Gaincsville. Florida 3260-4- Location: 4010 N.~V. 25th Place Gainesville. Florida 32606 Phone: ~352 } 372-6300 I ,~00t 344-5034 Fax: t352i 375-1583 Website: ~,x, ~.~, w.d:.l\ ihlllOllk.COllq .~,h',therw 1611 December 19, 2000 To the Parmers Hoch, Frey & Zugrnan We have reviewed the system of quality control for the accounting and auditing practice of Hoch, Frey & Zugman (the firm) in effect for the year ended June 30, 2000. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the fwm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICPA.. In performing our review, we obtained an understanding of the system of quality control for the f'wm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the fim~'s policies and procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation ora system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Hoch, Frey & Zugman in effect for the year ended June 30, 2000, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of complying with professional standards. DAVIS, MONK & COMPANY CERTIFIED PUBLIC ACCOUNTANTS FROM : FAX NO, : 9416425~4~ 05 2i;~2 11:58¢~M P1 1611 PORT OF THE ISI,ANDS R.V. RESORT 12425 Union Road Naples, Florida 34114-9626 Memo To:._~ ~o~, Address: Telephone (local) & Fax 239-642-5343 Toll Free 1-800-319-4447 Email to: poirvresort~aol.com FROM : FAX NO. : 9416425343 Dec. 05 2~2 11:$8~M P2 2002 M~emo tn: The Board of Supervisors, Port of the hinds Communi'ty Improvement District From: Port of th~ Islands R¥ gesort r---,~- na O[IF aCCOunts have bee ' a ' u paid m full except for eeount # I~T~I nd ~1~23~1. Pa~i ~Ymn~ were made on ~e 2 ~un~ ~ ~e b~n~ ~re tbous~ds of~m~ h~er ~n ~ p~ns mont~ bfllinp ~d hhto~I~. _ "'~ · urmnnte[¥, due to being shor~ s · the wet ~.ason, Z very ~a~ ,~, ........... ~ 'and ~ CID M~-~ ~--~ ,-- -=~ ~M ~r unnnttc~ mr a ~r~ of ~m~ ~ r' . .. ~ ,, -~ m~ ~at the ~ ' .~ ..k ............ p ~r .......... ~ -, ~u~L zt ~ ~e a~R~mn ~t ~e pro~ ~e~ how IR suppor~ of my requeK for special consideration Of fltege eharges, I submit the t'oliowing Ae;ottnt #. l O_2,.-.8887-81: aVontAlF ~ater/~ewer ¢ttan,~ 9/04107- tO 10/01/02- $2~62.g8 OWn per;~d ofonly 2'/days) ?/29~0~ tO 9104/02 - $ 2.25 (prior period of 37 day~ game ~n~, ia the park) 3/~ ~ ~0~2 $ ~T~Z qm~er e~mple of max ~e ~count ~_ 102._-02_ l 2,0_ L' 9/04/02 ~ 10/01~2 - Sl~.~ (short ~r~ of only 27 ~ys) 1~ to W~ - S 31~ (~k ~ due to ~ park ~upau~) ~2 to 31~2 - $ 2~3~ (p~k t~ge due m ~1 ~rk ~U~ney) 3/~ to ~/~ - $ 2~.92 (Yu~hcr e~mpW ofm~ u~gea~ full ~upau~) FROM : FAX NO. : g41642S343 Dec. 05 2002 ll:SgAM P3 1611 ! renlize that the wnter ~s u~l and whe~er I lt~ it or not n~ to ~ pnid~ even writer I~ed n~er went ~rough the ~er a~d ~ such wns ~Ot subjec~ to the ~ w~eh j~y ~er f~ The payments sBrentty rode of $700.00 nad ~00.00 respectively, cover more than ~he total ~ for wa~er AND ~Wer charge~ at peak usage periods of full oeeulmney. I reqm~t that thed~ ImymenL~ be accepted a~ p~ym~nt in 1't111 for the Oe. mber blllllll~ smd an admlnlstrat~ve a~ustment be m~de for the balance. I appreeiate ~your attention to, ~nd cooperation tn th~s matter. Sincerer-, Marlene (~t.A M) P.S. to Darrin .Mossing via fax ...... Please ensure that this letter.forms part Of the package to the Sup~n'viso.-s for The November 15t~. CID M¢¢tinlg, and That it is put on the agenda. Thank you! Tue, Nov 12, 2002 7:04 PM Subject: POI - south hotel drainage question Date: Thursday, November 7, 2002 12:49 PM From: Ron Benson <RonBenson@hmeng.com> To: <dcox@yvvalaw.com> Cc: <darrinm@fladistricts.com > 1611 Ted Bissell has asked why the South Hotel drainage pipe is the responsibility of the CID, especially in light of the recent question regarding the North Hotet]RV Park drainage pipe issue. The difference is that the pipe at the South Hotel appears to have as its purpose to transport the runoff from the CID road and drainage system to the Faka Union Canal. Refer to the attached exhibit. We will need to develop an easement description for this pipe and get the South Hotel owner to execute it to allow the CID to maintain this pipe. There may be one or two others similar to this and I am confirming these as some may be included in plats for the subdivision of the properties, although the South Hotel predates the creation of the CID and would not appear on plats. Please confirm that this is consistent with our previous discussions. I will bring this exhibit to the next meeting to answer this question. Ronald E. Benson, Jr., Ph.D., P.E. Senior Vice President]Principal Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 (239) 254-2000 voice (239) 254-2097 facsimile ronbenson@hmeng.com Page I of 2 Tue, Nov 12, 2002 7:06 PM Subject: PO[ Date: Thursday, November 7~ 2002 :[2:22 PM From: Ron Benson <RonBenson@hmeng.com> To: <dcox@yvvalaw.com> Cc: <darrinm @fladistricts.com > 1611 Dan I checked with Tim and the outfall from the catch basin on the corner that is the CID road flows to the east, whereas the outfall for the catch basin on the corner of the hotel where it has caved-in flows to the west. Therefore, the CID road's drainage is separate from the hotel parking lot and driveway's drainage. Refer to attached sketch. From this sketch it appears that the RV Park has access on the unpaved access road that runs east-west near the top of this sketch with access from the CID maintained Union Road. My understanding is that your opinion is that the outfall pipe that has cave-in is not on CID property and since it does not carry drainage from CID property that this is not a CID maintenance item. Am I correct that this should be the responsibility of the North Hotel and it is between the RV Park and North Hotel to resolve with regard to access to the RV Park? Ron Ronald E. Benson, Jr., Ph.D., P.E. Senior Vice President/Principal Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 (239) 254-2000 voice (239) 254-2097 facsimile ronbenson@hmeng.com Page I of 2 16,11 Page 2 of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FY 2003 Submitted by: Port of the Islands COMMUNFI-Y IMPROVEMENT DISTRICT TRANSMITTAL LETTER Port oft he Islands Communit£ Improvement District 210 N. University Dr. · Cora] Springa, l~otida 38071 Te]ephone: (954) 763-0380 · Fax: (964) 7~3-6183 November 8, 2002 South Florida Water Management District Big Cypress Basin Attn: Cooperative Water Resources Project 6089 Janes Lane Naples, FL 34109 RE: Cooperative Water Resources Project Application FY 2003 Dear Sir or Madam: The Port of the Islands Community Improvement District respectfully submits the enclosed proposal for funding of construction of improvements that will allow Port of the Islands to reduce dependence on the Faka Union Canal for irrigation water supply. This project will allow Port of the Islands to utilize highly treated wastewater effluent for irrigation of residential lawns and common areas maintained by the Community Improvement District (CID). Need for the Project: The CID is located in the area designated as the Big Cypress Area of Critical State Concern. This project will transfer the current primary water supply source for irrigation from the Faka Union Canal to reclaimed wastewater effluent. The Big Cypress Basin is currently developing plans to substantially change the flow patterns within the Faka Union Canal watershed that will reduce the flow of freshwater in the canal in the vicinity of Port of the Islands. This reduction in flow will result in a change in the salinity of the water in this portion of the Faka Union Canal that has historically been fresh water to that where during a significant portion of the year the water will be brackish. This will significantly impact Port of the Islands in that their historic, permitted irrigation water supply source will no longer be able to be counted on as fresh water. This project will address this anticipated impact on Port of the Islands through development of an alternative source of supply for irrigation water. Strategies for Implementation of the Proiect: The CID will construct modifications to piping and pumping systems at their existing Fire/Irrigation Pumping Station to allow the supplemental water withdrawn from the Faka Union Canal to meet requirements of FDEP to be used as a supplement to the reclaimed wastewater effluent produced at their existing Advanced Wastewater Treatment Plant. The CID received a Cooperative Water Resources Project grant in FY 2001 to construct the extension of the pipelines to allow the reclaimed water to be used as the primary source of irrigation water at Port of the Islands in place of 100% reliance using water withdrawn from the Faka Union Canal. FDEP will allow the new reuse system to be used provided that only reclaimed water from the Advanced Wastewater Treatment Plant is used or they will allow water withdrawn from the Faka Union Canal to be used as a supplemental source of supply only if this water if filtered and disinfected prior to pumping into the irrigation distribution system. The FDEP rule that requires filtration and disinfection of supplemental water sources was implemented after the CID developed their plans to utilize 100% of the reclaimed water available for irrigation along with supplementing the reuse water by continuing to withdraw a much smaller amount from the Faka Union Canal than they currently do. In order to provide a reliable fire and irrigation system at Port of the Islands they will need to continue to have the ability to use water from the Faka Union Canal to supplement the reclaimed water supply during months when the demand for irrigation water exceeds the amount of reclaimed water available. In a similar fashion, the CID will retain their existing on-site wetland effluent disposal system for periods during the wet season when the irrigation demand may be less than the quantity of reclaimed water produced. FDEP has recently agreed to issue a permit that provides for a two phase implementation program under a single permit modification. The FY2001 grant funds pays for a portion of the cost for the first phase of the program while the CID is requesting a FY2003 grant to assist with funding a portion of the cost of the second phase program. The scope of work for this project is divided into three major tasks as follows: Task 1 - Preconstruction Activities, including negotiation of construction contract amendment to existing contract or bidding of a new construction contract Task 2 - Construction Activities, including purchase and installation of new filtration and disinfection equipment and appurtenances Task 3 - Post Construction Activities, including final inspection, certifications, and preparation of record drawings. Evaluation of Short and Long Term Benefits of the Project: Implementation of this project is the most cost effective and environmentally beneficial solution to satisfying FDEP requirements to treat the existing source of irrigation supply which will in the future serve as a supplemental source of supply instead of the sole source of supply. This project implements the beneficial reuse of the high quality wastewater effluent produced by the CID's wastewater treatment plant as a means of replacing withdrawal of water from the Faka Union Canal as the primary source of irrigation water. Proposed Management Plan: The CID maintains and operates all CID owned facilities and systems. The CID will continue to operate and maintain the CID's fire and irrigation pumping station located immediately upstream of US 41 on the Faka Union Canal as well as the CID's Advanced Wastewater Treatment Plant. The proposed program will consist of use of reclaimed water produced by the treatment plant as the primary source of water for irrigation, while retaining the existing pumping facilities from the canal for a backup source of water supply, especially for use in the event of a high demand for water in the event of a fire. This project includes upgrades to the existing system that the CID maintains. The CID will maintain and operate all proposed facilities proposed under this application. The CID will retain the services of the District's Engineer, Hole Montes, Inc. for the purposes of completing final design of the project, bidding, and assistance with contract administration and inspections during construction of the project. The District's Manager, Severn Trent Environmental Services, will provide financial related services and accountability on behalf of the CID and will process all pay requests through the Big Cypress Basin. The District's Field Manager, Tim Stephens, will provide the day-to-day coordination with the contractor during construction. Mr. Darrin Mossing will serve as the Project Manager for this project. Following execution of the agreement between the Big Cypress Basin and the Port of the Islands Community Improvement District, a project kickoff meeting will be held. This meeting will allow the CID to 2 1611 · update the Basin with regard to project status and to establish a list and schedule of project deliverables that will be submitted to the Basin. Progress reports will be prepared by the project team to describe: the work completed on each task, status of work completed on each task to date, activities anticipated to be worked on for each task, status of project budget, and' any anticipated needs to revise the schedule and/or budget. ~ How this Project Relates to the Big Cypress Basin Mission Statement: This project relates to the Basin's mission of water quality, water supply, and environmental enhancement. In particular, this project is related to the "conservation, preservation and development of water resources" through the implementation of a program that will reclaim wastewater effluent for the primary source of irrigation water for Port of the Islands, allowing the existing withdrawal of water from the Faka Union Canal to become a secondary source instead of the primary source as is the case currently. The need for this project is partially the result of Basin activities that will enhance the environment of the Faka Union Canal watershed in southern Golden Gate Estates. Approval of this funding grant will also meet the Basin's mission of "assisting other entities' efforts in the management of water resources". Authorized Representatives of the Applicant: The following individuals are authorized to represent the CID with regard to this proposed project and funding application. District Engineer Dr. Ronald E. Benson, Jr., P.E. Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 (239) 254-2000 District Manager's Office Mr. Darrin Mossing Severn Trent Environmental Services 210 N. University Drive Coral Springs, Florida 33071 (954) 753-0380 Anti-Collusion Statement: As an authorized representative of the Port of the Islands Community Improvement District, I declare that this application was prepared without collusion with any other persons or entity submitting an application pursuant to the FY 2001 Funding Program. The Port of the Islands Community Improvement District looks forward to working with the Big Cypress Basin on this project that will serve the citizens living at Port of the Islands through this project. Sincerely, PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Richard Gatti, P.E? Chairman APPLICATION FORM/AGREEMENT 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM 16[1' Application No: BCB CWRP - FY03 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's LegalName: Port of the Islands Community I~provement District (SmteDiv./Dept. if~p[icable) Pr~ectTitle: gffluent Reuse Description: Filtration and disinfection ~mprovements T~eofO~aniz~ion: Comamnity Improvement District Applicant'sAd~ess: 210 N. University Drive Coral Springs, FL 33071 Funding AmountRequested: $50,000.00 Coun~inwhichPr~ectwillbeBuilt: Collier Date oflncorporation: State of Incorporation: Federal ID No.: Florida Is the Project being performed on District property? Yes [-I No ~ If"~,es", please attach District's Certificate of Insurance. Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [~ No [] Yearlastreceived: 2001 Amount ofFunding Received: ~75_.000.00 Authorized Person's Name: Signature: ~-~t~, '~ 0.~ Title: R]_ehard Gatti Chai rmnn Telephone Area Code/Number. (954) 753-0380 Fax Number: (954) 753-6183 11 1611 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name:port of the Islands AddressI:mprovement District 210 N. University Drive Coral Springs FL 33071 Project Manager: Darrin Hossing Telephone No: (95~ 753-0380 Fax No: Hereinafter referr-eB PROJECT TITLE: Effluent Reuse This number must appear on all Invoices and Correspondence C- MBE PARTICIPATION: 0 % The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit"C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit"E" - Not Applicable Exhibit"F" - Not Applicable Exhibit"G" - Not Applicable Exhibit "H" - Not Applicable Exhibit'T' - Not Applicable Exhibit"J" - Not Applicable Exhibit "K" - Not Applicable Exhibit"L" - Not Applicable Exhibit "M" - Not Applicable TOTAL AGREEMENT AMOUNT: AGREEMENT TYPE:Firm Fixed Price Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Telephone No: ( ) - Fax No. ( ) SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: District Contract Administrator: Jackie Rule (561)682-6444 Fax No.: (561) 682~5283 or (561) 681-6275 SUBMIT NOTICES TO THE ENTITY AT: Port of the Islands Conmunity Improvement District 210 lq University Drive Coral Springs FL 33071 Attention: Darrin Hossing IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. Accepted By: ~gnature of Adthoriz0 R~pre~entative Title: Richard gatti: ChaPman Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Date: Frank Hayden, Procurement Director SFWMD PROCUREMENT APPROVED By: Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The ENTITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the ENTITY under this AGREEMENT, the ENTITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The ENTITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 2.3 The ENTITY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The ENTITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The ENT1TY's invoices shall reference the DISTRICT's AGREEMENT Number and shall be sent to the DISTRICT's address specified on Page 1 of this AGREEMENT. The ENTITY shall not submit invoices to any other address at the DISTRICT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the ENTITY may incur and therefore no additional consideration shall be authorized. 3.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not-to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. 2.2 The ENTITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the ENTITY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. Page 1 of l 0, Exhibit "B" Contract File:\entity.doc 10/02/02 161 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the ENTITY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The ENTITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page 1 of the AGREEMENT. All fomml notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The ENTITY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. all claims, damages, losses, and expenses, direct or indirect or consequential (including but not limited to, fees and charges of attorneys and other professionals, court and arbitration or other dispute resolution costs) arising out of or resulting from any negligent or intentional act or omission by the ENTITY, its subcontractors, suppliers, agents, assigns, invitees, or employees in connection with this AGREEMENT. The DISTRICT shall have the right to approve counsel selected by the ENTITY to defend the DISTRICT in the event the DISTRICT is named in any legal action. Further, this indemnification shall specifically include all claims, losses, damages or expenses which result from any of the following by the ENTITY or its subcontractors, suppliers, agents, assigns, invitees or employees: (a) any breach of the AGREEMENT; (b) any violation of any patent, trademark, copyright law or other intellectual property law; (c) any violation of any federal, state, or local law or regulation The ENTITY further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this AGREEMENT. This paragraph shall survive the expiration of termination of this AGREEMENT. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page 1 of the AGREEMENT. ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the ENTITY shall defend, indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and employees harmless from any and 5.2 The ENTITY shall procure and maintain, through the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "H" and made a part of this AGREEMENT. The coverage required shall extend to all employees and subcontractors of the ENTITY. Prior to the execution of this AGREEMENT, the ENTITY shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carder's name, and BEST rating, policy Page 2 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 SOUTH FLORIDA WATER MANAGEMENT,,,S~,~T1 6 11' EXHIBIT "B" GENERAL TERMS AND CONDITIONS numbers and effective and expkation dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the ENTITY that the certificate of insurance does not meet the AGREEMENT requirements shall not constitute a waiver of the ENTITY's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the ENTITY from responsibility for adhering to the insurance limits and conditions of insurance required within this AGREEMENT Misrepresentation of any material fact, whether intentional or not, regarding the ENTITY's insurance coverage, policies or capabilities, may be grounds for termination of the AGREEMENT as determined solely by the DISTRICT prior written notice to the ENTITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the ENTITY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the ENTITY for all authorized and accepted deliverables completed through the date of tennination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the ENTITY for such work until such time as the DISTRICT determines the exact amount due to the ENTITY. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction Page 3 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 SOUTH FLORIDA WATER MANAGEMENT DISTRI EXHIBIT "B" GENERAL TERMS AND CONDITIONS given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the ENTITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the ENTITY in va/ting to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The ENTITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page I, with the balance of matching funds and/or in-kind services to be obtained from the ENTITY in the amount as specified on Page 1 of this AGREEMENT. In the event such ENTITY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The ENTITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the ENTITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTITY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all fights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. Page 4 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 1611 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS The ENTITY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary soflzware, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the ENTITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The ENTITY shall include copyright or proprietary legends in the sof~vare and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the sot%vare identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the ENTITY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the ENTITY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby def'med as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The ENTITY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The ENTITY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ENTITY's reasonable control. In the event of loss or damage, the ENTITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the ENTITY access to certain third party owned software on DISTRICT computer systems. The ENTITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 8.2 The ENTITY hereby 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 AGREEMENT. The ENTITY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govem all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southem Disthct of Florida for any claims which are justiciable in federal court. 8.4 The ENTITY, by its execution of this AGREEMENT, acknowledges and attests that Page 5 of 10, Exhibit "B" Contract File:\cntity.doc 10/02/02 EXHIBIT "B" GENERAL TERMS AND CONDITIONS neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the ENTITY or any affiliate of the ENTITY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The ENTITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the ENTITY for any work or materials furnished. 8.5 The ENTITY shall be responsible and liable for the payment of all of its FiCA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the ENTITY (Licensee) hereunder, the DISTRICT shall advise the ENTITY (Licensee) of such request and, as between the DISTRICT and the ENTITY (Licensee), it shall be the ENTITY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to prOtect the Licensor's claimed exemption under the Statute. 8.6 The ENTITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the ENTITY, to solicit or secure this AGREEMENT. Further the ENTITY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the ENTITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, girl, or other consideration. 8.7 The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 8.8 The ENTITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the ENTITY for additional compensation. If the ENTITY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S., the ENTITY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT Page 6 of ! 0, Exhibit "B" Contract File:\entity.doc 10/02/02 1611 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its ENTITY. Therefore, as the DISTRICT'S ENTITY for this project, the ENTITY assures the DISTRICT that the ENTITY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The ENTITY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The ENTITY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. attempted assignment in violation of this provision shall be void. 9.4 The ENTITY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the ENTITY and the ENTITY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. ARTICLE 10 - M/WBE PARTICIPATION 10.1 The ENTITY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in IVl/WBE participation, such participation shall be reported to the other party. Both the ENTITY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the ENTITY and the DISTRICT No person or entity other than the ENTITY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The ENTITY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the ENTITY's performance, as required by this AGREEMENT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 ENTITY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such Page 7 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 1611' SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, ENTITY further represents and warrants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, fu'mware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, ENTITY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind previously developed by the ENTITY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the ENTITY shall accept the return of the software, fn-mware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the ENTITY shall refund to the DISTRICT the full amount of the License Fee actually paid to the ENTITY for the software; and, in the case of hardware return, the ENTITY shall refund to the DISTRICT the full amount of the hardware actually paid to the ENTITY by the DISTRICT. In addition to the foregoing, the ENTITY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all fights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises Page 8 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 1611', from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Govemment, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by ENTITY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. enforceable and in full forc. fmand effect to the extent permitted by law. · 12.5 This AGREEMENT may be an~ended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under-standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The ENTITY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 13.2 The ENTITY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the ENTITY to the DISTRICT on each chemical product used. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, 13.3 The ENTITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. Page 9 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 161 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 13.4 It is the ENTITY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The ENTITY shall initiate and nminmin an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The ENTITY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the ENTITY, or the ENTITY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The ENTITY shall provide first aid services and medical care to its employees. 13.9 The ENTITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the ENTITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the ENTITY, ENTITY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ENTITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the ENTITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the ENTITY to halt operations under the AGREEMENT, at the ENTITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 10 of 10, Exhibit "B" Contract File:\entity.doc 10/02/02 1611 DETAILED DESCRIPTION OF PROJECT DETAILED DESCRIPTION OF PROJECT 1. Introduction Port of the Islands is located on approximately 486 acres in southern Collier County, within the area designated as the Big Cypress Area of Critical State Concern. In the early to mid 1960's, Gulf American Corporation (GAC) platted and developed a large tract of land as the Golden Gates Estates subdivision. To facilitate this development, GAC constructed a network of drainage facilities with the primary north-south outfall being the Faka-Union Canal. The dredging of the Faka-Union Canal resulted in the filling of the property at the junction of US 41 and the Canal that is now referred to as Port of the Islands. All of this occurred prior to enactment of Chapter 380, Florida Statutes, the Florida Environmental Land and Water Management Act of 1972. During the 1980's, the then owner of Port of the Islands negotiated with the Florida Department of Community Affairs and ultimately a Development Agreement was developed that outlined the provisions for future development of Port of the Islands. The Development Agreement resulted in three of the four quadrants of land (previously disturbed) being allowed to be developed with one of the four quadrants (previously minimally disturbed) not to be developed. The Port of the Islands Community Improvement District (CID) was formed in the late 1980's to develop and maintain the infrastructure for the community at Port of the Islands. The plan for the community included a resort hotel, 164 single-family residences, 382 multifamily residences, an RV park, and a limited amount of commercial property. The CID has a water use permit from the South Florida Water Management District to withdraw a maximum of 450,000 gallons per day from two existing potable water wells and has a Water Treatment Plant with a FDEP permitted capacity of 432,000 gallons per day to serve the planned development of the community. The CID has a wastewater treatment plant currently permitted by FDEP for an average daily flow during the maximum monthly period of 200,000 gallons per day with provision for expansion to 300,000 gallons per day. The CID also has a FDEP permit for disposal of wastewater effluent using an on-site receiving wetland at an annual average daily flow of 225,000 gallons per day that is large enough to handle the anticipated plant expansion 161 that will ultimately serve the planned development of the community. The wastewater is treated to "advanced wastewater quality" which is the highest degree of treatment required by the State of Florida. There is no discharge of effluent from the onsite wetland into the Faka-Union ana or other waters of the State of Florida. The source of water supply for the Port of the Islands' fire protection and irrigation systems is the Faka-Union Canal. The CID has a water use permit from the SFWMD for withdrawal of water from the Faka-Union Canal. The CID maintains a canal water pumping station with four pumps (one at 120 gpm, one at 500 gpm, and two at 750 gpm) in order to provide sufficient volume and pressure for fire protection. This same pumping station currently provides irrigation water for the community. The Big Cypress Basin maintains the Faka-Union Canal and are currently developing plans to modify the flow of the Canal through programs to increase the stage of water in areas of southern Golden Gate Estates. The Big Cypress Basin also maintains the weir across the Faka-Union Canal immediately north of US 41 at Port of the Islands. This weir was installed many years ago to separate the fresh water upstream from the salt water downstream of the weir. Historically this weir has kept the waters upstream of the weir fresh throughout the year. Periodically, during high tidal conditions, salt water overtops the weir and if this occurs during low flow periods in the Faka-Union Canal then the salt water is trapped upstream of the weir until it is flushed by the next rain event induced high flows. It appears that the structural integrity of the weir may have deteriorated over the years and now allows significantly more salt water to move upstream. In addition, the future reduction in the discharge going out to tide via the Faka- Union Canal will likely increase the salt concentration of the water upstream of the weir in the vicinity of the CID's irrigation and fire protection pump intake. These conditions are causing problems in using this water as a source of supply for irrigation water. At the time that the CID's Advanced Wastewater Treatment Plant was being permitted and constructed the FDEP rules would not allow wastewater treatment plants with capacities under 500,000 gallons per day to be used for irrigation of residential lawns. Therefore, at that time the CID did not have the option of using reclaimed water for a source of irrigation water. This rule has been amended to allow facilities with capacities greater than 100,000 gallons per day that meet high level disinfection criteria to provide 161 water for residential irrigation. The effluent produced by the CID's wastewater treatment plant meets the minimum level of treatment for residential reuse. Therefore, the CID could modify their effluent storage and pumping system to allow use of the effluent as a source of irrigation water, while retaining their existing permit to discharge effluent to the on-site receiving wetland. In this manner, during periods of wet weather when the irrigation demand is lower the excess effluent could be discharged to the receiving wetland while normally the effluent would be used for an irrigation source of supply. The Port of the Islands CID has developed plans for modification of their Advanced Wastewater Treatment Plant and effluent disposal system that will allow the effluent to be reused for a source of residential reuse. This program will utilize reclaimed water as the first source of irrigation water. During periods when the quantity of reuse water being produced is lower than the irrigation demand either water from the Faka-Union Canal or raw water from the CID's potable water wells will be used to supplement the effluent supply. The effluent will flow into a reuse storage tank throughout the day from which the reuse system pumps will pump the reclaimed water into the fire/irrigation distribution system. At times when the water in the Faka-Union Canal is brackish, untreated well water will be used to top off the reuse storage tank. This source of irrigation water will be pumped into the existing fire protection and irrigation pipelines. In the event that the demand for water (either irrigation or fire needs) exceeds the capacity of the effluent pumping system then the existing fire and irrigation pumping station will mm on due to low pressure and will maintain minimum pressures in the fire and irrigation pipelines. In this manner, a combination of reclaimed wastewater effluent, untreated well water, and canal water will be used for irrigation at Port of the Islands. This will improve the water quality of the irrigation water through blending of the freshwater (effluent and well water) with the canal water (sometimes brackish). This will also reduce the reliance on use of the Faka-Union Canal for irrigation water at Port of the Islands and will partially mitigate the anticipated problems once the flow in the Faka-Union is modified by the Big Cypress Basin. Port of the Islands received a grant from the Big Cypress Basin in FY 2001 to construct the improvements necessary to begin implementation of a reuse program at Port of the Islands. Port of the Islands has completed construction of the pipelines necessary to extend the fire/irrigation system pipeline to the site of the Advanced Wastewater Treatment Plant at an actual cost of $131,018.25 (as compared to the budget cost of $128,500 per the Preliminary Opinion of Project Cost originally submitted with the FY2001 grant application). Port of the Islands is currently awaiting issuance of the FDEP authorized modification to their permit for the Advanced Wastewa. ter Treatment Plant to install the reuse pumps and connect to the pipeline network that provides irrigation and fire protection water to the residents of this community. Upon receipt of this permit modification (anticipated in late 2002) this work will be completed under the open contract with the contractor that installed the pipeline. During the development of this project and while waiting for funding, FDEP implemented a new regulation (62- 610.472 F.A.C.) that provides restrictions on incorporation of supplemental water supply into a reuse system. This new rule required that in the event that a supplemental source of water supply is to used supplement a shortfall in the reuse water that is available that the supplemental source of supply must also be treated. In the case of Port of the Islands, the fire/irrigation system has been in existence under a SFWMD permit for more than twelve years and the reuse water is being added to that system in order to reduce the amount of withdrawal of water from the Faka-Union Canal. There are no existing regulations that require that the water withdrawn from the Faka- Union Canal be treated prior to use and no regulations anticipated to limit the existing use of this water supply. The interpretation by FDEP of 62- 610.472 F.A.C. is that Port of the Islands must provide treatment of any water withdrawn in the future from the Faka-Union Canal if they are to utilize any of the reclaimed water available from their Advanced Wastewater Treatment Plant in order to reduce the dependency on use of water from the Faka-Union Canal. Port of the Islands needs to continue to retain the ability to withdraw water from the Faka-Union Canal since this is the source of supply for their fire protection system as the quantity of water available as reuse from the treatment plant is not sufficient to meet this need in the event of a fire. In addition, in order to maximum use of reuse water in Southwest Florida requires use of a supplemental source in addition to the reuse water as the rate at which reuse water is produced from month to month does not match the rate of use of water for irrigation. 2. Scope of Work This project will include installation of the necessary equipment to the existing Port of the Islands fire/irrigation pumping station to allow the use of the available reclaimed water within the same pipelines as this water supply source. In order to reduce the withdrawal of water from the Faka-Union Canal through introduction of reuse water from the Advanced Wastewater Treatment Plant into the distribution pipelines will require the addition of water treatment equipment at the existing pumping station, along with installation of additional monitoring equipment. This proposed work is in addition to the work that was included under the FY 2001 grant. This work was not contemplated at the time the reuse project for Port of the Islands was originally authorized by the CID Board as the FDEP rule that requires these additional improvements was not yet implemented. Install an in-line filtration system on the discharge piping downstream of the existing pumps and prior to where the water enters the fire/irrigation distribution system. Install a liquid chlorine storage and feed system to inject liquid chlorine into the pipeline immediately downstream of the filtration system and prior to where the treated water enters the fire/irrigation distribution system. Install an in-line turbidity analyzer to test the water quality of the filtered water to ensure that the filtered water meets FDEP standards. Install an in-line chlorine analyzer to test the water quality of the filtered water to ensure that the filtered water meets FDEP standards. Upgrade the pump control system to operate the pumps, filtration, and disinfection system in response to the irrigation system demand during periods when the available water supply from the reuse system does not meet the demand. The FDEP permit application that is pending provides for the work that has been funded by the FY2001 grant to be implemented as Phase I with the work identified in this FY2003 grant application to be implemented as Phase II. Meetings with FDEP have been concluded and FDEP has agreed to this two phase implementation approach that will allow the permit modification necessary to complete the current work to be issued and to allow the second phase work to also be constructed. 3. Work Breakdown Structure Task 1 - Pre-construction Activities 1.1 1.2 1.3 Issue a request for change order from the construction contractor who has the contract for the current contract work for the installation of the equipment. Negotiate cost for change order with construction contractor. Owner purchase the equipment and provide to construction contractor to install. 1.4 1611 Alternatively, advertise and award a new construction contract. Deliverables: (1) signed construction contract change order Task 2 - Construction Activities 2.1 2.2 2.3 2.4 2.5 2.6 Hold pre-construction meeting with contractor Review shop drawings Purchase and install equipment Perform inspections of construction Hold construction progress meetings Perform startup testing Deliverables: (1) approved shop drawings, (2) minutes of pre- construction and progress meetings, (3) field inspection reports, and (4) testing reports Task 3 - Post-Construction Activities 3.1 Perform final inspection of completed project 3.2 Prepare certification of completion of construction in accordance with regulatory agencies Prepare record drawings 3.3 Deliverables: (1) record drawings, (2) certificate of completion 4. Preliminary Opinion of Project Cost a) Purchase in-line Filtration system and appurtenances b) Purchase liquid chlorine storage and feed system and appurtenances c) Purchase in-line turbidity analyzer and monitoring system and appurtenances d) Purchase in-line chlorine residual analyzer and monitoring system and appurtenances e) Purchase equipment and appurtenances to upgrade pump control system f) Installation of items (a) through (e) above $30,000 $10,000 $10,000 $10,000 $1o,ooo $3O,O0O Total Estimated Project Cost $100,000 1611 5. Location of Project The work is to be performed on property that the CID already has a utility easement. The work will be performed by a contractor selected through the CID's standard procurement process. The attached exhibit identified the location of the project. 6. Deliverable Schedule The following schedule outlines the anticipated time for completion of each of the above tasks. Permitting Bidding Construction 0 2 4 6 8 10 12 (months) Final Inspection Record Drawings Final grant close-out FUNDING PROPOSAL 1611 FUNDING PROPOSAL Request for Funding This project is estimated to cost $100,000. The cost estimate is provided in the Detailed Description of Project section of this submittal. The amount requested from the Basin is 50 percent of the total cost or $50,000. Basin funds are requested for the payment of a portion of the construction cost of the modifications at the CID's existing fire/irrigation pump station in order to implement a system that will treat the water withdrawn from the Faka Union Canal to standards being imposed by FDEP. Port of the Islands plans on completing this project within one year from the date of execution of an agreement for joint funding between the Big Cypress Basin and the CID. This request for support shall be applied only for the payment of costs associated with the project elements identified. Financial Commitment The Port of the Islands Community Improvement District does not have sufficient funding available for this project at this time in the event that they do not receive funding from the Big Cypress Basin. The CID has sufficient funding available to fund their 50 percent portion of the project cost in the event that they were to receive the funding from the Big Cypress Basin. The funding source will be from funds earmarked in the CID's FY 2002-2003 approved budget for operation and maintenance of their water and sewer system. Specifically, funds for this project will come from the Renewal and Replacement account (copy of Adopted Budget is attached). Port of the Islands CID reserves the right to reduce the project's scope if full funding is not approved. Basis of Construction Cost Estimated construction costs have been prepared based on costs of similar projects completed in southwest Florida during the past five years. The estimated cost is a budget level estimate with an expected accuracy of plus/minus 20 percent. Costs are 2002 dollars. Port of the Islands Community Improvement District Adopted Budget Water & Sewer Fund Fiscal Year 2003 A'dopted Actual Projectt~ Budget thru Next FY 20(12 06/30/02 3 Months Standby F~s $~91,119 Sewer Revenue $79,336 Water ~v~ue ~0,172 ~on ~venue $~0,576 M~r F~s $5,250 To~ ~ Administmh~ E~enditures L~I F~s $1 ~ Aunt ~,7~ ~ge~t F~s $10,6~ A~o~g F~ ~.925 C~r ~s $7~ ~bi~a~ Ol~ahon U~ Bffimg Trav~ & P~ ~ Telephoto $1~ Pm~e ~,Sffi ~ce $16,5~ L~ Adv~g $1,0ffi 0~ C~nt C~ $~0 ~ Supp~ C~pit~ Ou~y ToN Opa~Uom L. $1~,118 Total lludget ]] ..2o03 ,Il @ 9/30/02 $289,234 $0 $43,822 $14.607 S27,509 $9,170 $16,.577 $8,225 $2,742 $5,429 $1,810 $390,796 $33,.~54 S4,000 $1,500 $11,336 $3,779 $~,968 $2,656 $0 $1L7O0 $7,976 $Z659 $3,694 $1,231 t~,..a46 $~2 $563 $187 $0 $1,310 f~,246 $0 $62~ $0 $6~75 S2,125 $0 ~1 S19 $1,492 $497 $900 $3O0 $13,874 $382 $127 $665 $222 $1,010 $337 $214 $71 $67,047 $23,252 S289,234 S391,119 $58,429 S36,679 S38j13 $22,103 $40,000 $10,967 ~250 $7,239 $S00 ~5,8O0 $6,OOO S15,115 $12,0O0 S10,624 $12,000 S4,700 $10,635 $11,167 $4,925 $5,171 $3,128 $3284 S750 $'750 $1,~10 $1,310 $3,246 $5,867 $625 $625 $2S0 $2,~ $100 $1O0 $1,989 $1.,200 $1200 $13,874 $16,500 $509 $550 $887 $1,O00 $1,347 Sl,5O0 $285 $350 $5O0 SSO0 $0 $90,2.58 1611 Page 10 Port of the Islands Community Improvement District Adopted Budget Water & Sewer Fund Fiscal Year 2003 Adopted Actual Proj~-ted Budget thru N~xt FY 2002 06/30/02 3 Months Tot'al Adopted Projected Budget o 9/ao/02 ~ 20o~ 1611 Expenditures Per~ormel $60,638 $39,395 $17,5o9 $56,90't ~,669 FICA Expen.~ M,639 $2,~6 $1,339 ~3~ P~ion M,6~ $1,~ $1,051 $2.~8 Work~ Compe~on $2~ $22~ ~ $2~ $2,~ Con~al ~vi~ $~,0~ $15~ $5,074 $20,297 $~,~0 Telep~e M,~ ~,1~ $1,~ ~193 U~ $2Z~0 $18,920 ~7 $~ $27,5~ R~t~ & ~ $13,5~ ~A21 ~,0~ $13~0 $13~0 ~ & ~m~ ~,~ $29~ $9~7 $~,~7 ~,~ ~ga~ Suppli~ ~0,~0 ~3 $14,9~ $~,~17 ~,0~ U~ $1~ $96 $1,~ $~0 ~ & R~hcem~ $95,0~ S11,8~ ~ $98,231 Total Exptmdltur~ Net Income (Loss) II.. ~3s,ss6 s~4o,u~1 Is14o, m) 0 . $1,.365 ~ Page 11 ATTACHMENTS Map Output CCPA GIS - HTML Ma http://gis~c~~~ierappraiser~c~m/serv~et/c~m~esri~esrimap~Esrimap?ServiceName=ccpa-desig~~~ 11/6/2002 1611 Representative Examples Of Major Equipment To Be Purchased 1611 In-Line Filtration System VERFILT, "The Filtration People" STAKfilter'M A HIGH VOLUME, FAST AUTO BACKWASH PACKAGED SCREEN FILTER Everfilt engineers have developed a unique "stacked" design that delivers HIGH VOLUME, AUTOMATIC FIL- TRATION in a COMPACT PACKAGE. · Self-Cleaning · Fast Backwash (15 Sec/Filter) · Low Pressure Requirement (25 psi) · Low Maintenance · Up to 1,400 GPM Per Unit @ 200 Mesh · Organic & Inorganic Solids Removal · Small Footprint · Factory Assembled - Skid Mounted These are just a few of the outstanding features of the STAKfilter. Everfilt has incorporated high strength profile wedge wire screen, stainless steel, solid state electronics and proven valve technology into an automated filter system that is easy to operate and maintain. · Typical Applications -- - municipal wastewater treatment - industrial wastewater - commercial irrigation - agricultural irrigation · High Strength Filter Cartridge -- Solids removal is accomplished by an all welded single unit made of 304 stainless wedge wire. With a collapse strength of 125 psi, and burst strength of 400 psi, the cartridge is immune to blowouts, collapse, rupture of tearing common to woven or perforated screens. Available from stock in 50, 75, 100, 150, and 200 mesh. Other mesh sizes are available. If operating requirements change, the filter cartridges can be easily replaced for ones of different mesh size. Stainless Steel Profile Wire Cartridge Model STK84-36-8A Stainless Steel Housing --The housing for the filter cartridge has easy access closure and cartridge aligner for quick removal and inspection of the filter cartridges. The Housing is ribbed for collapse strength and fitted for grooved couplings at inlet and outlet. Fast Reverse-Flow Backwash --Backwash is accomplished through the use of a quick acting hydraulically operated valve on each filter housing. The clean water from adjacent filters is used to wash one filter at a time. Thus, the unit continues to discharge fil- tered water even when it is in backwash. Each filter is cleaned within 15 seconds under normal operating conditions. (A minimum discharge line pres- sure of 25 psi is required.) Full reverse flow eliminates blind spots common to through-flush systems. 6/98 LIT 115 Heavy-Duty Backwaeh Valve -- Everfilt's backwash valve body is a three port, two-way valve made of high strength ductile iron and coated with 3M-134 industrial grade epoxy - a material known for its resistance to corrosion. All wetted surfaces are stainless steel or epoxy coated. The hydraulic design prevents valve slamming and eliminates possible damage to the valve manifolding. Valve design involves few moving parts to assure reli- able performance and ease of periodic maintenance. The valve is operated hydraulically by means of a sole- noid valve which, when energized, allows pressurized water from the system to enter the actuator chamber of the valve. The hydraulic pressure pushes against a piston, opening the backwash valve. De-energizing the solenoid valve allows the hydraulic pressure to bleed off of the piston, closing the valve. Automatic Backwash Controls -- Everfilt designs and manufactures its own automatic backwash con- trols. User friendly control knobs, panel labeling and display lights make for easy use. The LCD display indi- cates when the next backwash cycle is timed to begin, the total number of backwash cycles that have been ini- tiated since last reset, and the number of backwashes that have been triggered by pressure differential. Made of solid state electronic circuits, the automatic controls help assure effective system operation by initi- ating needed backwash in an efficient manner. The control is field-adjustable and can be set to trigger backwash either when a specified pressure differential or time interval is reached. The control is housed in a weather resistant enclosure. AUTOMATIC BACKWASH CONTROL co...o, co.s..uc.,o. 16 i 1 Solid State computerized control housed in water resistant enclosure. No moving parts to wear out or malfunction. SPECIFICATIONS Display -- LCD Voltage input -- 120 VAC/12 VDC Voltage output -- 12 Volts DC Loading: Dormant Operation -- 25 MA Sequencing Operation -- 300 MA Station Capacity -- 2.0 Amps Number of Stations -- 4, 8, 12 Field Valve Station* -- One at 1.0 Amp *This station is active through entire sequence operation. OPTIONS 220-440 Volts AC 12 Volts DC Solar Panel CONTROLS 1. Sequence Lamp -- The lamp lights during the sequencing operation. 2. 168 Hour Timer-- Min. 1/8 hour. Starts sequencing operation at pre-selected time. 3. Test -- For testing control operation and output sta- tions. 4. 2 Second to 330 min. Flush Time -- Controls back- wash time per filter. 5. 0 Second to 90 min. Dwell Time -- Controls time between backwash of each filter. 6. Power Switch-- Disconnects power to control. 7. Manual Start- Initiates new cycle whenever it is pressed. 8. P.D. Power Switch -- Disconnects pressure differen- rial sensor from control. 9. Circuit Breaker-- Overload protection for control. 10. Programmable P.D. Delay -- 0 to 360 sec. SOLENOID VALVE 3 Port, 2 Way Manual Override Solenoid Valve Voltage -- 12 Volts DC/24 Volts AC Operating Wattage -- 10 Watts Manual Override -- On-Override Manual Override -- Off-Normal Operation · Options -- A variety of options are available including: - solar power - 304 stainless steel manifolds & skid - all 316 stainless steel construction - stainless steel backwash valves - pneumatically operated backwash valves - flanged connections - NEMA 4X, XP, etc. enclosures - galvanized manifolds Consult the factory for additional options. DATA FLOW RATE - PRESS. DIE OPERATING CONNECTIONS DIMENSIONS (INCHES) STAKfllterVU GPM (P.D.) PRESSURE (PSi) "A" "B" WT. MODEL 100 MESH 200 MESH MINJMAX. IN/OUT B,W. ' "C .... D" "E" "F" "G" "H" "1" "J" "K' (LBS.) STK63-30-4A 1200 (9) 600 (2) 25-125 6" 3" 50.3 42.6 36.3 8.3 42.0 25.8 6.5 42.3 5.0 675 STK84-36-4A 1440 (5) 720 (1) 25-125 6" 4" 56.5 47.1 38.3 8.3 44.8 26.8 3,4 48,5 5.0 875 STK63-30-6A 1800 (9) 900 (2) 25-125 6" 3" 50.3 42.6 47.3 8,3 42.0 25.8 6.5 42.3 5.0 875 STK84-36-6A 2160 (5) 1080 (1) 25-125 8" 4" 60.5 49~1 54.3 9.3 46.8 29.8 5.4 52.5 5.0 1175 STK63-30-8A 2400 (9) 1200 (2) 25-125 8" 3" 54,3 44.6 60.3 9.3 44,0 28.8 4.5 46.3 5,0 1125 STK84-36-8A 2880 (5) 1440 (1) 25-125 10" 4" 64.5 51.2 71.3 11.4 48.8 33.9 3.4 56.5 6.0 1625 DIMENSIONS LIFTING EYE --~ 2-INCH F.P.T. (AIR VENT INCLUDED) FLOW Southwest Regional Wastewater Treatment Plant, Manatee County, Fla. Standard Specifications Filter screen cartridges shall be a single piece unit of all welded 304 stainless wedge wire construction with 125 psi collapse strength and 400 psi burst strength. Filter housings shall be constructed of all welded and ribbed 304 stainless steel and rated for 125 psi operating pres- sure. Each filter housing is to be equipped with an individual 3 port, two-way backwash valve which is constructed of ductile iron and is hydraulically operated. Wetted sur- faces of the backwash valve shall be coated with 3M- 134 industrial grade epoxy. Backwashing is to be accomplished by full reverse flow of water through the screen cartridge. Normal back- wash cycle time shall be 15 seconds per filter. A mini- mum 25 psi is required for inlet and discharge lines. Filters are to be manifolded together with carbon steel manifolds whose interior surfaces have been sand blasted and epoxy coated. Manifolds shall have grooved connections for victaulic couplings. Automatic backwash shall be initiated by pressure dif- ferential or time interval through a solid state controller with status lights and LCD backwash record display. Controls shall be housed in a weather resistant enclo- sure. The controller shall operate from 120VAC or 12VDC power source. The complete system shall be factory assembled, tested, and skid mounted with an appropriate lifting eye. It shall include filter units, inlet, outlet' and back- wash manifolds, continuous acting air/vaCuum relief valve, pressure gauges, automated backwash valves with associated hardware, and backwash control. The system shall be wired and ready for hook up to power and supply lines. '-- VERFILI Everfilt 3167 Progress Circle Mira Loma, CA 91752 (909) 360-8380 FAX (909) 360-8384 Consult your Everfllt sales representative for price and availability. Distributed; B:Y: EVERFILT "THE FILTRATION PEOPLE" 1Ail CASE HISTORY Industry: Requirement: Flow Rate: Special Factors: Solution: Municipal Wastewater Treatment Remove suspended solids to 75 microns so effluent from plant can be sold as reclaimed water for irrigation purposes to a variety of com- mercial, residential and agricultural customers 2,000 GPM (2.88 MGD) per filter system for a total capacity of 8.64 million gallons per day Water to be filtered is drawn from a large lagoon where algae is a consideration, especially during the summer months. Three (3) STAKfilters Model STK84-54-10A automatic pressure screen filters with 200 mesh stainless steel wedgewire screen. Unit backwashes automatically and requires a minimum 25 psi. Special configuration of wedgewire was used to allow effective algae removal during backwash. Unit was supplied in all 304 stainless steel construction. 3167 Progress Circle Mira Loma, CA 91752 (909) 360-8380 FAX (909) 360-8384 Pump and Control System Liquid Chlorine Disinfection System ProMinent® gamma A Programmable Smart Metering Pump. Technical improvements have resulted in ProMinent's develop- ment of the new "b" series gamma pump. The gamma/4b and the larger capacity gamma/5b are microprocessor-controlled, solenoid-driven metering pumps. Innovations include a new check valve design on pumps with 1/4" tubing, which reduces the number of liquid end parts from 29 to 18; improved valve seals on pumps with 1/2" tubing; and redesigned electronics to conform to the CE standards. Capacities range from 0.05 to 9.1 GPH (34 I/h) with backpressures up to 232 psig (16 bar). CE Available . Available (Standard in Canada) The gammeYb metering pumps are registered according to DIN-VDE 0700 and protected against radio interference class B according to DIN-VDE 0871. gamma- 1 ProMinent' gamma/b series metering pumps 1611 ProMinent gamma/4b and gamma/5b metering pumps feature identical operation and accessories. The electronic control circuit, equipped with 2 microprocessors, enables a tailor-made solution for every application. The basic version allows manual or external pulse control. Pump options, accept nearly any cus- tomer-specific control signal. The operational reliability of the pump can be increased by a variety of monitoring equipment. The LCD display is illuminated for visibility in Iow light areas and provides simple and concise user guidance. The LCD also displays the actual operating status and warns the operator of possible faults. Attractive, functional construction of fiberglass-reinforced PPE plastic, the NEMA 4x housing offers maximum protection against corrosion, dust and water. II I i[:!.."[.] 1=.] ~ I.] ~ i'~ ~'d The solenoid drive has only one moving part, the armature. The power end consists of a short- stroke solenoid with a maximum stroke length of 0.05" (1.25 mm), and is equipped with a noise suppressing mechanism for quiet operation. The stroke-length adjusting mechanism is directly connected to the solenoid. Operation results in an accurate self-locking stroke length setting. ili i[~i ~]111 i1 $IH ~-]ili~,Dlil I The DEVELOPAN® composite diaphragm consists of high-quality, nylon-fabric reinforced EPDM vulcanized onto a steel core, and is PTFE-faced on the liquid contact surface for extremely long service life. The DEVELOPAN diaphragm is chemically resistant against virtually all process fluids, and can be used over a wide temperature range. An air gap behind the diaphragm, created by a back plate with weep hole, followed by a secondary safety diaphragm prevents chemi- cal intrusion into the solenoid housing in the event of main diaphragm failure. Liquid ends for the gamma/b metering pump are available in 4 standard material versions: · Polypropylene (PP/PS) · Acrylic/PVC (NP/NS) · PTFE ('T-F) · 316 Stainless steel (SS) The suction and discharge ports are equipped with double ball check valves for maximum repeat- ability (except high viscosity models PP4 and PP5, and versions 0423 and 0230 with single ball valves). Versions 1000~0417 PPI, PP2, PP3, and NP1, NP2, NP3, liquid ends provide a coarse bleed valve for easy priming and a fine bleed valve for continuous bleeding of fluids that tend to off-gas to prevent airlock. Automatic gas bleed-off is available with the NS/ PS self-degassing liquid ends for eight gamma/4b models. Special polypropylene liquid ends (PP4 and PP5) are available on versions 1002, 1006, 1310 and 0813 for high viscosity fluids. These are equipped with an increased flow profile and larger spring-loaded single ball valves. The gamma/b metedng pumps accept either 115 or 230 volt power, single phase, 50/60 Hz, with a 1.15 service factor. Performance is identical whether operated on 50 Hz or 60 Hz power. input Alarm input Input relay output input two-stage metering (pulse or float switch monitor analog) gamma- 2 gamma/b microprocessor control - basic to any process. THE BASIC VERSION I Note: The capabilities listed on this page are common to all gamma/b pumps. The cable for external pacing or remote pause is an optional accessory, as are the float switch, flow monitor and relay outputs. Continuous operation - "Manual" The pump capacity can be varied via the stroke length knob (from 0 to 100% stroke length), and by varying the stroking rate via the up/ down arrows on the keypad. See the Technical Data for a particular model's maximum stroking rate, (e.g. 100, 120, or 180 strokes per minute). The selected stroking rate is shown on the LCD display and is performed with quartz-like accu- racy. The gamma/b manual control range permits 1000:1,1200:1, or 1800:1 turndown, depending on maximum stroke rate. The simu- lated LCD display below shows manual control with frequency of 120 strokes per minute. I I , 120 I I I".._--~_ ....... External pacing - "Contact" The gamma/b series can be paced externally (e.g. by means of a pulse-type water meter for propor- tional chemical feed). The pulse signals are fed into the contact input of the pump by an optional control cable. Every pulse from a water meter or pulse-type controller produces one pump stroke, up to the pump's maximum stroke rate. Over-stroking the pump is not possible. LCD display shows "E" for external contact pacing. I I Con[act Chemical tank float switch - "Minimum" An optional two-stage ProMinent float switch can be plugged into the pump to monitor chemical levels in the source tank. An early warning will be issued when the allowable minimum level is reached. The pump continues to operate while the display flashes "Minimum," a red LED lights and an optional collective fault relay changes state to issue an alarm. If the liquid level in the supply tank drops another 3/4" (20 mm), the pump automatically shuts down and the LCD displays "Error" and "Minimum" as shown below. The optional fault relay remains activated. I I , 120 I.i,,i,.u~ I t.''''u,,:~ j Flow monitor - "Flow" The gamma/b series metering pumps will monitor their own output, with the optional adjustable flow monitor connected to the discharge valve and plugged into the front of the pump. (Note: on sizes 0423 and 0230, the flow monitor must be mounted on a discharge bypass line). Every fluid discharge is sensed and fed back to the electronic control circuit of the pump. If insufficient fluid is discharged for 8 consecutive strokes, the pump automatically 1611 stops, the display flashes "Error" and "Flow" as shown below, and the red LED lights, The optional fault relay changes state to issue an alarm or activate a standby pump. [ ~-rror I I , 120 I [l~anual [IOW' Remote on/off control - "Pause" The gammaJb series can be switched on or off via a form-C dry contact through the optional control cable. The pump operates on a closed contact; if the contact is open, the pump stops and the display shows "Pause" and "Stop". Pause Stop I I , 120 I I Auto-fault diagnosis The electronic control circuit of the gamma/b series monitors itself continuously. Any fault of the microprocessor stops the pump and issues an alarm (with fault annunciating relay option). The LCD readout flashes and the red LED lights. The backlit LCD screen makes the display easy to read, even in poorly lit locations. namma - 3 Customize the gamma/b. 1 J You select the control versions and options required. CONTROL VERSIONS AND OPTIONS Control versions and options can be selected to suit your system's specific needs. With this option, the stroking rate of the gamma/b is directly propor- tional to the analog signal. The maximum number of strokes per minute corresponding to the analog signal range can be selected by the operator. Input signals can be specified when ordering with the "Identity code" (e.g. 0-20 mA, 4-20 mA, 0-60 reV, 0-1 V, 0-10 V). Inverse analog (20-4 mA/20-0 mA) is also available. i I I , 120 ,, I I This feature is used to "tune" the gamma/b to contact generators of any kind (e.g. pulse-type water meter or process controller), and eliminate the need for a costly external control unit. The following functions can be selected by means of the keypad. Pulse step-up (multiply) and step-down (divide) By simply entering a factor in the 0.01 ...9999 range, the step-up or step-down ratio is set. For example: Step-up Factor: 9999 1 pulse = 9999 pump strokes 10 1 pulse = 10 pump strokes Step-down Factor: 0.25 4 pulses = 1 pump stroke 0.01 100 pulses = 1 pump stroke r 1 0.25 Predetermining counter- The pulse multiplier/divider feature is used as a predetermining counter for batch applications. Up to 9999 strokes can be predetermined. The LCD screen displays the number of strokes yet to be completed. The countdown starts by a voltage-free contact on the optional external control cable or by pressing the "P" key. Larger batches up to 65,535 strokes are also possible; for example, 59,994 strokes may be performed by providing six contacts (6 x 9999) in memory mode. Memory- "Mem." Should the pump receive contact signals faster than the selected stroking rate, these pulses can be stored in the gamma's memory (to a maximum limit of 65,535) and worked off at the preset stroking rate. r i 20.00 , Stroke counter - "N" This feature totalizes pump strokes that have been performed. The counter resets itself to 1 and a cursor appears on the LCD screen when 9999 strokes have been accumulated. This totalizer can be used in manual, contact, and analog modes. The optional integrated timer function allows up to 31 variable on-off times to be programmed daily, or over the course of a 7-day period. The "on-time" can be selected between 1 minute and 24 hours. Typical applications include time feeding of biocides for cooling towers, brewery pasteurizers, etc. The timer can be used in conjunc- tion with manual, contact or analog controls such that those functions only operate when the timer is activated. The screen below shows the time as 12:00 p.m. on a 24-hour clock. F 1 Gamma/4b with serial interface RS 232 or RS 485 for external com- puter control is available. Contact ProMinent for compatibility with computer hardware/software. l :l'zl~k,~.],. ~.],l~ .... are employed to transmit alarm messages, to start a back-up pump, indicate pump status, or to pace a second ProMinent metering pump synchronously. Selectable as: Fault annunciating relay For Iow tank level (flow switch), loss of flow (flow monitor), system faults and fuse/power supply failure. Function: relay drops out with an alarm. Pacing relay A contact closure is issued with every pump stroke (contact duration 150 ms). This allows a second ProMinent metering pump to be paced synchronously, or to totalize flow with an external stroke counter. Alarm relay For Iow tank level (flow switch), loss of flow (flow monitor) and system faults. Function: relay pulls in when an alarm condition exists. Timer relay Function: relay pulls in to indicate when the pump is running. Only available with 7-day timer. qamma - 4 1611 In-Line Turbidity Analyzer and Monitoring System 1 ' ~G~~~D~- 16 Measure Any Parameter:rr.~,....~,,. Up to 20 Locations with pH/ORP Turbidity Conductivity Dissolved Oxygen Suspended Solids Providing Leadership in Quality Water Testing Instrumentation for Over 50 Years. IQ sensor NetTM System Features 1611 · One system for all parameters · Any sensor combination possible · Up to 20 sedsors may be connected · Expansion of system at any time by addition of modules · Simple installation using two-wire technology · Digital signal transmission · Integrated lightning protection WTW introduces a new dimension in continuous on-line measurement with the modular IQ Sensor Net System. IQ Sensor Net offers an outstanding level of performance and flexibility that is unique in the water and wastewater industry. The flexibility of the IQ Sensor Net System allows it to be adapted to virtually any measurement task. The new communication system design permits the easy integration of multiple measurement locations, and results in a significant cost reduction while maintaining full functionality. Conventional On-Line Systems Conventional systems ~Jse parameter specific sensors and parameter specific monitors or transmitters. When measurement of several parameters or several sites is required, the basic monitoring/transmitting functions are repeated at every measurement point. This requires the considerable expense of a box, display, mounting hardware, etc., at every point. The IQ Sensor Net Advantage IQ Sensor Net radically changes this approach. All the parameter specific processing takes place at the sensor. This leaves the central system free to supply communications, power, and other operating functions universally-SAVING MON~! Now one controller (display, power supply, and outputs) in one box can control any combination of 4 sensors (:System 184) or up to 20 (System 2020). The IQ Sensor Net advantage includes easier installation, monitoring, and outstanding WTVV Lightning Protection-all built in to your system. SENSOR NET World'. Molt Complete Line of pH, ORR ISE, DO, BOD, Conductivity, end Multi-parameter In.tmment~ IQ Sensor NetTM System DescrJ ' 1611- Control up to 20 Sensors WTW offers IQ Sensors for 7 different parameters, including newly designed sensors for turbidity and suspended solids measurement that feature a.unique, continuous ultrasonic deanin§ system. When a sensor is connected to the IQ Sensor Net, it is recognized automatically and the measured value is displayed immediately. The software is designed so that future parameters can readily be integrated into the existing system. With this intelli§ent structure, the system can easily be extended, or modified, to incorporate up to 20 sensors. IQ Sensor Net System Technology The IQ Sensor Net System consists of a variable number of system components with different functions that are quickly and easily configured to fit the requirements of virtually any water or wastewater facility. The individual components and their primary functions are: Sensors Measurement of parameters Modules Power supply for system components Transmission of measured data or message/alarm functions (mA/relays) System branching and sensor connection Controller and Terminal Display of measurements, operation, and system configuration- a man/machine interface The IQ Sensor Net Systems System 184 IQ Sensor Net System for connection of up to 4 sensors System 184 consists of the Terminal/Controller module MIQ/C184, an Output module, MIQ/CR3, and a Power Supply module, MIQ/PS. The output module transmits measured data and system status information via relays and analog outputs. The system can be extended by mobile T2020 terminals-which serve as additional display units or on-site calibration elements-as well as by additional output modules. System 2020 IQ Sensor Net System for connection of up to 20 sensors The mobile Terminal 2020 and the stationary Controller MIQ/MC form the basic system components. The system requires a power supply module, and mobile T2020 terminals and additional output modules can be added as required by individual system configurations. A modem-capable RS 232 interface and a Profibus-DP interface are available as options. www. wtw-inc.com IQ Sensor NetTM 184 MIQ/$,84 is composed of the ,allowing1 6 I 1 IQ components: MIQ/C!84 (terminal/controller), MIQ/CR3 (output module), and MIQ/PS (power supply unit: 90-264 VAC) or, alternatively, MIQ/24V (power supply unit: 24V AC/DC). Branching modules can be added at any time if the measuring locations are separated by large distances. Mobile T2020 terminals can be used for easy on-site calibration. With the wide variety of configurations available-ranging from the simple, single- parameter MIQ/S 184 monitor and its multi-parameter variation to the open system with distributed measuring locations-the system 184 demonstrates a high degree of versatility and flexibility, making it the most economical on-line measurement system. Operational Features · Multi-parameter monitor · Connection of up to 4 sensors · Selection of any parameters · Expandable by 2 output modules · Additional terminals possible Exar~ple 1 Monitor with 3 '"~*~,~liiill~' analog outputs and ~ II1 3 relays, universally ~ employable for all parameters MIQ/S184 + i IQ Sensor :3 x Analog Outputs :3 x Relays Example 2 ~ Multi-parameter "x~illl~ monitor for any 3 ~ IIII parameters, with ' 3 analog outputs and 3 relays M10~/S184 + 3 IQ Sensors :3 x Analog Outputs :3 x Relays Example 4 BranChed System 184 for any 4 parameters, wth 6 analog outputs and 6 relays;measuring locations 3 and 4 are at a large distance from MIQ/$184. Extendable by the mobile M!~2020 terminal that serves as an additional display unit for easy omsite calibration. MIO~SZ84 + t MIOJCR3 + 2 MIQ,/JB + 4 IQ Sensors + ! MI(I/T2020 (optional) Sample Configuration Options for System 184 The system is based on the MIQ/S184 terminal controller and allows a wide variety of configurations. While it is not possible, or necessary, to show all possibilities, the following examples are typical basic configurations and illustrate the system flexibility. Display module easily ~ attached at any junction box location MIQ/T2020 Note: System sensors located on back cover Example 3 Multi-parameter monito~ with an additional output x'-~. module for any 4 parameters, with 6 analog outputs and 6 relays MIO./Si84 + 1 MIQ/CR3 + 4 IQ Sensors 6 x Analog Outputs 6 x Relays ~11 World's Mcat Complete Line of pH, ORR ISE, DO, BaD, Conductivity, end Multi-parameter InstmmenfJ IQ sensor NetTM System 2020 Operational Features · Connection of up to 20 sensors · Extremely large distances between sensors possible · Selection of any parameters · Easy system expansion · 8 output modules · Integration of up to 3 terminals · Portable data logger unit Additional Options: option ! Calibration indoors Additional branching module for the laboratory for convenient calibration of IQ sensors Options 16 ! 1 · Modem connection via RS 232 · Profibus DP option System 2020 is the most powerful of the IQ Sensor Net Systems. It is completely modular in structure and can therefore be optimally adapted to any conceivable task. It represents one of the most economical solutions in modern on-line measurement. Even for just a small number of measuring locations, cost savings are considerable when compared to conventional systems. Additional advantages are that the system can be easily planned, installed with a minimum of effort, and readily extended or modified at any later date. System 2020 is supplied in modular form and in its most basic form consists of a T2020 terminal that can be removed at any time, a permanently installed MIQ/MC controller module, a power supply unit (e.g. MIQ/PS) and-if required-an MIQ/CR3 output module. Sample Configuration Options for System 2020 The system is based on the MIQ/MC controller module and allows a wide variety of configurations. While it is not possible or necessary to show all possibilities, the following examples are typical basic configurations and illustrate the system flexibility. $~ Example Braached System 2020 for any 20 parameters; for functional reasons the power supply and output modules are incorporated directly in the panel. MIQ/P 2 x MIQ/CR3 MIQ/T2020 2 x MIQ/JB lotal cable length with MIQ/IB max. 1000 m* Option 2 Software terminal Software terminal for communication with a PC via the RS 232 interface MiQ~IF')32 MIQ/'r2020 *Longer cable lengths are possible if MIQ/JBR is used. Note: System sensors located on back cover www. wtw-inc.com VisoTurbTM and ViSolJdTM The New IQ Sensors with Exclusive Patent Pending Ultrasonic Cleaning System... 1611 The Key to Reliable Measurements Contamination falsifies readings of turbidity or suspended solids contents. Once contamination of the optical system has begun, further build-up of particles progresses at an accelerated rate. Especially under the extreme conditions that prevail in wastewater treatment plants, the accumulation of microorganisms represents a genuine problem. Therefore, sensor cleaning is essential for reliable measurements. Features · Totally new ultrasonic cleaning system · Special optics with precise measurement beam generation · Scratch-proof sapphire measurement window · High operational safety due to Sensor Check function · Long-term stability · Highly accurate calibration at the factory · Compact design · Robust construction · No wear-and-tear parts · Extremely Iow maintenance A Technological Breakthrough in On-Line Turbidity and Suspended Solids Measurement The Problem Continuous turbidi~ and suspended solids measurement are of great importance in analytic measurement in modern wastewater treatment plants. Optical scattered light sensors are commonly used for on-line measurement of these parameters, particularly in the areas of biological wastewater treatment and sludge recycling and in the final effluent of treatment plants. Sensor contamination is a wide-spread problem and frequently results in less than accurate readings. World's Most Complete Line of pH, ORP, ISE, DO, BOD, Conductivity, end Multi-parameter Instmment.q Turbidi_ Measurement VisoTurb and ViSolid-Hew im~. roved sensors for Turbidity and Suspended Solids Measurement 16 i I ~'? Sensor to the [eft vv~hout ultrasonic deanin& sensor to the ~ht ~ ul~asonic deanin& The Solution Integrated, Reliable Automatic Cleaning System The ultrasonic source integrated in the sensor generates high frequency sonic vibrations of the optical windows. The maximum vibration amplitudes are at the center of the measurement windows, so that the largest displacement can be found at this location. This prevents accumulation of any kind of contamination from the very start, and provides reliable measurements and continuous operation. Stubborn calcium deposits and the accompanying maintenance they require are also avoided. The accumulation of air bubbles in the area of the measurement windows is eliminated by the ultrasonic vibrations and prevents false measurement due to light scattering by air bubbles. Virtually Maintenance Free, and Improved Functionality With the VisoTurb 700 IQ and ViSolid 700 IQ Sensors, VVTW introduces a family of optical sensors for turbidity and suspended solids measurement that incorporates a completely new and innovative ultrasonic cleaning system that guarantees Iow maintenance and long-term reliability of the sensors. Turbidity measurements in aqueous media with VisoTurb are carried out nephelometrically. Suspended solid measurement with ViSolid is performed according to the principle of scattered light measurement. Because of the enormously wide measuring ranges of VisoTurb (0-4000 NTU) and ViSolid (0-300 g/I SIO2), the best resolution for each measured value can be selected using an AutoRange function, and only ~wo sensors are required to cover almost all applications ranging from drinking water to highly concentrated sludge. Extremely Iow maintenance Due to their robust design and the efficient ultrasonic cleaning system, VisoTurb 700 IQ and V~Solid 700 IQ are particularly suitable for applications with extreme conditions, e.g. wastewater treatment plants. They provide the user with a very high degree of accuracy with an exceptionally Iow maintenance ~equirement. · in contrast to traditional sensors equipped with c,umbersome, and intricate high maintenance wipers, the exceptionally smooth VisoTurb and ViSolid sensor surfaces provide a minimum surface on which deposits may accumulate. · The continuously active ultrasonic system inhibits the initial and subsequent deposit of all kinds of contamination. It also prevents optical interference by air bubbles in the sensor measurement area. · Mechanical wipers wear out or simply fail to wipe. WTW's ultrasonic cleaning is 100% reliable. www. whN-inc.e )m IQ System Sensors Sensors for DO, pH, ORR Temp, Conductivity, Turbidity, and Suspended Solids · IQ System Sensor Connection · The SACIQ sensor connection cable can be used for all parameters. It is connected directly to the sensor and secured mechanically using a watertight IP68 rated connection. The cable is available in three different lengths and can be connected wherever a Sensor Net connection is provided. For additional information, ~ Full Line and Accessories Catalogs are Available On Request. Turbidity pH Conductivity Dissolved Oxygen -- Suspended Solids-- Represented by: WTW Measurement Systems, Inc. 3170 Metro Parkway, Ft. Myers, FL 33916 800,645-5999 · 941~337-7112 FAX: 941-337-2045 E-Mail: info@wtw-inc.com Website: www.wtw-inccom ©Copyright, wrw Measurement Systems, Inc,, 2001 Printed in USA V~soTurbTM, VisotidTM and IQ Sensor Net are trademarks of WTW Measurement Systems, Inc, Florida Representative Laze~by & Associates 1219 Cleburne Drive/Fort Myers. FI_ 33919 Ph: (239) 275-0347/Fax: (239) e-mail: lazenbyassoc@mindspring.com htt~://lazenbyassoc.home.mindspring.com 161 1 :~'~,~ Chlorine Residual Analyzer and Monitoring System SERIES 1870E CHLORINE RESIDUAL ANALYZER Bulletin A1.11870E.5 1611 CAPITAL CONTROLS COMPANY, INC. Capital Controls' Series 1870E chlorine residual analyzer technology has been independently tested and proven to be a reliable analyzer for continuous, accurate residual analysis. The amperometric-based instrument is designed to continuously analyze residual levels of free or total chlorine, chlorine dioxide, potassium permanganate, iodine, bromine or other oxidants in water, wastewater, cooling water and other process water applications. Series 1870E features a field selectable monitoring range from 0-0.1 to 0-20 mg/l. A continuous output is accomplished by eliminating the downtime for electrode cleaning. The Series 1870E analyzers incorporate a constant direct-drive electrode cleaning system which eliminates signal drift and the need for frequent recalibration. Internal high and Iow set points are standard. Each set point is adjustable from 0-100% of the range and has a corresponding light on the face of the unit. A 4-20, 0-20 mAdc, or 0-50 mVdc isolated output is provided for connection to an external alarm, controller, recorder, etc. Indication of the residual value, in mg/~, is provided by a 3-1/2 digit LCD display mounted on the face of the unit. The analyzer's reagent and sample are gravity fed, direct-drive cleaning system maintains a constant level of electrode cleanliness. Extra large gold and copper electrodes are used for maximum signal strength. Sample temperature variations are compensated within the measuring cell, thereby providing consistent residual values. Series 1870E analyzers are constructed of corrosion-resistant materials. Each unit is pre-piped and pre-wired requiring only field connection to service points. All components and controls are accessible from the front of the unit to permit ease of observation of solution level, sample flow, electrode cleaning system and adjustment of set points. Principle of Operation (see Figure 1) A sample liquid is delivered to the constant head weir at an approximate rate of 500 mi/minute. The excess overflows to drain. The sample then passes through the annular space between the two fixed electrodes in the sensing cell. As it passes, a small DC current is generated in direct linear proportion to the amount of residual present in the sample. ROTATING STRIKER MOTOR SAMPLE INLET SCREEN CYLINDRICAL COPPER ELECTRODE DRAIN ROTARY VA~ CHEMICAL FEED-~ OVERFLOW TO DRAIN ELECTRICAL SIGNAL TO '~ MONITOR GOLD ELECTRODE CLEANING BALLS Figure I - Analyzer Flow Diagram The surfaces of both electrodes are kept clean by the continuous action of PVC spheres agitated by a motor-driven rotating striker. This constant cleaning eliminates signal drift and recalibration, and provides an accurate residual measurement. A thermistor compensates for sample temperature variation. Set Points High and I°w set points are independently adjusted from 0 to 100% of the selected range. When a set point is exceeded, a corresponding light on the face of the unit will illuminate. Each set point also has a corresponding relay contact which can be connected to an external alarm, controller, etc. Reset is automatic when the condition is corrected. A latching contact option is available to provide band control for hi-lo feed control systems. Reagent Feed Systems The liquid reagent(s)is stored in a single bottle and fed from a constant head reservoir through a rotary valve, This configuration adds the precise amount of solution during each valve rotation. The reagent bottle supplies 7 days of use before refilling is required. An optional reagent feed system may be adapted for pH buffering using carbon dioxide gas for water treatment applications. General Specifications Instrument Range: (mgn) Sensitivity: Power Requirements: Power Consumption: Displays: Output Signal: Set Point Control: Relay Contacts: (Two) Sample Flow: Field selectable: 0-0.1, 0-0.2, 0-0.3, 0-0.5, 0-1,0-2, 0-3, 0-5, 0-10, 0-20 (Others available, consult factory) 0.001 mg/I (1 ppb) 120 Vac, 60 Hz, or 240 Vac, (_+10%) 50 Hz, single phase 16VA LCD, 31/2-digits Isolated 4-20 or 0-20 mAdc into a maximum of 800 ohms or 0-50 mVdc Internal high and Iow set points, adjustable 0-100% of range 10 amps at 120 Vac, resistive load 10 amps at 24 Vdc, resistive load 5 amps at 240 Vac, resistive load 500 mi/minute Sample Temperature Range: 32° to 120°F (0° to 50°C) Sample Supply: Continuous. Where sample interruption, may be required, provision must be made to keep electrodes wet. Speed of Response: Analyzer Location: Ambient Temperature: Sample Limitations: Electronics Enclosure: 4 seconds from sample entry to display indication. 90% of full scale response within 11/2 to 2 minutes As close as possible to sample point to reduce sampling lag time 32°F to 120°F (0°C to 50°C) Samples containing high concentrations of metal ions or certain corrosion inhibitors may effect analyzer operation. At Iow residual levels (less than 0.1 mg/I) variations in sample dissolved oxygen level may affect the residual reading. Consult factory for specific applications. Meets NEMA 4X requirements Optional Accessories 16 week supply of pH buffer 1 lb. potassium iodide I kg. glycine Self-flushing Y-strainer Pressure reducing valve Patented purging cimuit Ordering When ordering, please specify: chemical residual, power requirements, output signal, mounting, instrument range, options and accessories Dimensions Electrode Measuring: Gold Reference: Copper Accuracy: 0.003 mg/I or +_2% of ran~.e whichever is larger. (see sample limitations) Reagent Requirements: Residual Reagent Chlorine (Free) DH buffer (or CO2 gas) Chlorine (Total) pH buffer (or CO2 gas) & potassium iodide Chlorine Dioxide pH buffer and gl¥cine Potassium Permanganate pH buffer Iodine pH buffer Bromine pH buffer and potassium iodide Other Oxidants Consult Factory ~ 1/2 [2go] ~[ I ~- CUSTOMER CONNECTIONS 1/2" CONDUIT TYP-.3 Standard Equipment , Wall Panel .. ~o 518" OIA J Residual analyzer with 7-day reagent boffle and digital MOUNTINC HOLES ~-~ J~ I~ II~ ~/~ 0.~. indicator. 2 Relay contacts . ~ (S*MPLE ~N) 10 feet (3 meters) 5/16 sample tubing 3/4" drain connection hose clamp Floor or Wall Cabinet (Refer to Bulletins A1.14000 and A1.14100) p 6 ~/~6 [~]~- - ~5/~ [~] Residual analyzer with 7-day reagent bottle and digital indicator pre-piped and pre-wired. 2 Relay contacts Equipment Options 2 additional adjustable high and/or Iow or latching relay contacts. Sample pump Carbon dioxide gas pH buffer system for water treatment applications 6 foot (2 meter) power cord with ground plug (120 Vac, 60 Hz only) Wall Panel Mounted (4) 5/8 116] D~^ ~/J MTC, HOI~S 28 3/4 ..... 24 7/8 J632J -~9 ~l/~ [soob --27 3/~s [~9~]------ Represented by: Wall Cabinet Mounted 7 ~/'2 [~9~}-~ 1611 2 3/s [so} 1/16 g/~6 [4ol 1/2 [64l 3/4 [24B] 1 3/8 [sol Floor Cabinet Mounted Dimensions = Inches [Millimeters] Design improvements may be made without notice, EUROPEAN HEADQUARTERS Crown Quay Lane, Sittingbourne, Kent ME 10 3JG U.K. Tel: 0795-476241 Telex: 96536 CAPCO G FAX: 0795-479052 IN BELGIUM Rue de Mont 31 B-6330 Sombreffe, Belgium Tel: 071-889122 FAX: 071-888-924 CAPITAL CONTROLS COMPANY, INC. P.O. Box 211, Colmar, PA 18915 U.S.A. Tel: 800-523-2553, Outside U.S.A. 215-822-2901 Fax: 215-822-8640 Pub. No. 187-1 11/93 6M Copyright 1992 Capital Controls Company, Inc, Port of the Islands Community Improvement District Summary of Check Registers November 15, 2002 1611 General Fund Date Check No. Amount 10 / 11 / 02 - 11 / 6 / 02 775-789 $5,262.88 Water & Sewer Fund [ Date Check No. Amount 10 / 11 / 02 - 11 / 6 / 02 1738-1756 $26,286.40 [ Total $31,549.28 1611 0 g o o § 0 I 0 0 0 o o H d Z 0 U I n Z o~ o o o o Z g g § d o I I I H 1611 H I I © 0 Illll § g 0 1611 0 I I 0 ~ ~n o0 § I I I I ct> ,-qr.') § 161 1~:' INVOICE SPECIAL COVERAGES 1611 Ms. Rhonda Archer Finance Director Port of the Islands Community Development Dist. 10300 N.W. llth Manor Coral Springs, FL 33071 10/10/02 FMIT# 0495 MAKE CHECKS PAYABLE TO: FLORIDA MUNICIPAL INSURANCE TRUST POST OFFICE BOX 1757 TALLAHASSEE FL 32302-1757 PLEASE RETURN THE TAN COPY OF THIS INVOICE WITH YOUR CHECK PAYMENT DUE IN FULL BY 10/25/02 DESCRIPTION POLICY NUMBER EFFECTIVE EXPHIATION DATE DATE PREMIUM A-3 BONDS POSITION SCHEDULE FINANCE DIRECTOR TOTAL LIMIT: $100,000 23S100923756 11/15/02 11/15/03 $591.00 Lee County Electric Cooperative]'6]1 Electric Bills Sep-02 Account No. Service Address Amount 261698-128015 Eveningstar Cay Unit $381.68 261698-113193 25000 E Tamiami Trail $570.56 261698-1 27483 Newport Drive $355.96 261698-139271 245 Stella Maris Drive $6.75 261698-140545 Port of the Isles $8.76 261698-147687 262 S Stella Maris $42.33 subtotal G/F 01 01-32-0541-430 $1,366.04 ] v# ~1 261698-113112 Port of the Isles $23.73 261698-113166 P Islands U $39.14 261698-113186 P Islands U $60.52 261698-113187 P Islands U $374.16 261698-128874 41 & Cay Drive $29.89 261698-130077 Port of the Isles Water Plant $1,408.10 261698-130792 119 Newport Drive Uni $5.49 261698-130793 199 Eveningstar Cay $0.00 261698-130337 160 Cays Drive $7.51 261698-113113 25000 E Tamiami Trl. # LS $45.02 subtotal W & S 41-32-0536-430 $1,993.56 Total 3,359.60 NapLes Daily News NapLes/ FL 34102 Affidavit of PubLication Naples DaiLy News PORT OF THE ISLANDS 10300 MW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 010948 58519193 Notice to Bidders Po State of Florida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves aa Assistant Secretary of the Naples Daily News/ a daily newspaper published at Naples, in Collier County/ FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Co[Liar County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second c[ass mail matter at the post office tn Naples/ in said Collier County/ FLorida/ for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporation any discount/ rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHEO OM: 09/12 AD SPACE: 27.000 INCH FILED ON: 09/12/02 PersonaLly known by me ~~ ~ ~-_- _! 1611 Notice fo Bidders Port of the Island Communlty Improvement DlstHct Seeled bids for fire pur- chase of certain If em de- clared os surplus will be 'received no lafer thon 11:00 AM October 7th, 2002 at 12600 Union Road, Naples, Florida 34114. The item declared as surplus I~ 1994 Ford Rangor 148,0000 miles. Interested parties may obtoln a detailed Invento- ry fist and view the sur- plus Item during normal working hours af 1he above referenced ad- dress. Tim Stephens Field Manager 941-642-9219 Sept. 12 No. 2102492 ~,,~ []personallyYmown [lOtherl.O. I 9/23/02 1611 TO: PORT OF THE ISLANDS COMMUNITY l TIM STEPHENS WOULD LIKE TO SUMIT A BID FOR THE FORD RANGER FOR TIlE AMOUNT OF $260.00 ~ 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: February 10, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT Pursuant to Florida Statutes Chapters 189 and 190, Tuscany Reserve Community Development District, has submitted the following: (a) (b) Minutes of Meeting held on November 14, 2002 Proposed Budget FY 2002-2003 Thank you :\special\special Tuscany Reserve Community Development District Date: 10300 N.W. 11th Manor · Coral Springs, Florida 33071 Telephone: (954) 753-0380 · Fax: (954) 755-6701 January 21,2003 1611 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North-#300 Naples, FL 34103 Mr. James Carter Clerk of the Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 From: Stella Loftus for Rhonda K. Archer Re: Minutes of Regular Meeting held on November 14, 2002 Enclosed for your records are copies of the minutes of the above referenced meetings and their attachments, which have been approved by the Board of Supervisors of the Tuscany Reserve Community Development District on October January 9, 2003 and are to be kept on file for public record. Please feel free to contact me at (954) 796-6631 if you have any questions. Thank you. Encl. MINUTES OF MEETING TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT 1611 The regular meeting of the Board of Supervisors of the Tuscany Reserve Community Development District was held on Thursday, November 14, 2002 at 10:00 a.m. at the Double Tree Guest Suites, 12200 Tamiami Trail North, Naples, Florida. Present and constituting a quorum were: Ed Stackhouse Gary Gasperini Barry Sifen David Salko Wendy Beville Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: Rhonda K. Archer Ken Kyler Richard H. McCormick David Caldwell Manager Attorney Engineer WCI Communities FIRST ORDER OF BUSINESS Roll Call Ms. Archer called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the October 30, 2002 Meeting Ms. Archer stated that each Board member had received a copy of the minutes of the October 30, 2002 meeting and requested any additions, corrections or deletions. There not being any, liOn MOTION by Mr. Salko by Gasperinill seconded Mr. ]with all in favor the minutes of the October 30, 200211 Imeeting were approved. I] TI-HRD ORDER OF BUSINESS Public Hearings A. Adoption of the Budget for the Balance of Fiscal Year 2002 and for Fiscal Year 2003 Ms. Archer stated Fiscal Year 2002 ended September 30, 2002, and Fiscal Year 2003 starts October 1, 2002 and ends September 30, 2003. Enclosed in the agenda package is the Administrative Budget. Once the Board installs facilities November 14, 2002 Tuscany Reserve C.D.D. and begins a maintenance program, we will add a maintenance element to the budget. The fixed operating expenses are required to meet the filing and reporting requirements. 16 ~ Mr. Stackhouse joined the meeting. Ms. Archer opened the public hearing and stated this public hearing has been advertised. Are there any comments? Hearing none, liOn MOTION by Mr. Salko seconded by Mr. Sifen with all[[ ]in favor the budget for the balance of Fiscal Year 2002fl [and for Fiscal Year 2003 was adopted. B. Expressing the District's Intent to Utilize the Uniform Method ~f Levying, Collecting and Enforcing Non Ad Valorem Assessments Ms. Archer stated this public hearing has been advertised to allow the District to utilize the uniform method of levying, collecting and enforcing non ad valorem assessments. This means we can put our assessments on the tax roll each year. All landowners have been noticed. Ms. Archer opened the public hearing and asked are there any questions? Mr. Caldwell responded I represent the landowner, and we do not have any comments. Ms. Archer stated Resolution 2003-3 by title is "A resolution of the Board of Supervisors of the Tuscany Reserve Community Development District expressing its intent to utilize the uniform method of levying, collecting and enforcing non ad valorem assessments which hereinafter may be levied by the District in accordance with the provisions of Chapter 197.3632 F.S.; and providing an effective date". liOn MOTION by Mr. Stackhouse seconded by Mr. Salko[[ [with all in favor Resolution 2003-3 was adopted. C. Rules of Procedure Ms. Archer stated this public hearing has been advertised for the purpose of adopting the District's rules of procedure under which the District will conduct its business. Most of these rules have been taken directly from the Florida Statutes and reiterated in this document so that it is consolidated for easy reference. Ms. Archer opened the public hearing and asked are there any questions? 2 November 14, 2002 Tuscany Reserve C.D.D. Mr. Caldwell stated I represent the landowner, and we comments. do not have any liOn MOTION by Mr. Sifen seconded by Ms. Beville with all in favor the Rules of Procedure were adopted. 1611 FOURTH ORDER OF BUSINESS Ranking of Engineering Firms and Authorize Staff to Enter Into Contract Negotiations Ms. Archer stated staff ranked the two firms that responded to our Request for Proposals (RFPs) for engineering services. Hartman & Associates received 44 points, and Heidt & Associates received 90 points. This is based upon their familiarity with the project, C.D.D. experience, staffing and availability of personnel, current workload, the ability to meet time and budget requirements, experience with the community and permitting agencies and, if applicable, certified minority business affiliations. If the Board is in agreement with the way staff ranked the firms, the next step is for the Board to authorize staff to negotiate a contract with Heidt & Associates to serve as District engineer. On MOTION by Mr. Stackhouse seconded by Mr. Gasperini with all in favor the engineering firm of Heidt & Associates was ranked number one and staff was authorized to enter into negotiations with Heidt & Associates to obtain an agreement for engineering services to be placed on a future agenda for Board consideration. Ms. Archer stated our bond counsel has a resolution for the Board's consideration. Were you aware of this? Mr. Caldwell responded I have a copy of it, but I do not know if it is necessary to act on it today. Did you have further discussions with anyone? Ms. Archer responded no. I tried to contact Fred Harris, the underwriter's counsel, but was unable to get through. His email to me said that if the resolution was acceptable, he wanted the Board to adopt it today. It is a resolution approving the form of a Preliminary Limited Offering Memorandum (PLOM) and the form of a Continuing Disclosure Agreement. Mr. Stackhouse asked has Mr. Tyler seen this? 3 November 14, 2002 Tuscany Reserve C.D.D. Ms. Archer responded he was copied on the email that I received, but I have not heard from him. Mr. Stackhouse stated I received a copy of the resolution, but there were no attachments. Ms. Archer stated he indicated in his email that he was going to email us the PLOM, which I did not receive. Therefore, I hesitate asking the Board to adopt this. Mr. Stackhouse stated I suggest we wait for the attachments and Mr. Tyler's opinion. Ms. Archer asked is this going to delay the issuance of the bonds? Mr. Kyler responded we were not planning to close this issue this year. Mr. Stackhouse stated we have a meeting scheduled for December 12. Ms. Archer stated we have time to add this to the next agenda. During this period, I can contact both attorneys and make sure we get the attachments. ~ ORDER OF BUSINESS Staff Reports A o Attorney There not being any, the next item followed. B. Engineer Mr. McCormick stated thank you for your continued confidence in us, and we look forward to working with the District. Ms. Archer stated please send us your standard form agreement for our review. We will place it on December's agenda. C. Manager There not being any, the next item SIXTH ORDER OF BUSINESS There not being any, the next item followed. Supervisor's Comments followed. Requests and Audience SEVENTH ORDER OF BUSINESS Approval of Invoices and Funding Request No. 3 Ms. Archer stated Funding Request No. 3 is in the amount of $2,785.32. lion MOTION by Mr. Stackhouse seconded by Mr. Salkoll Iwith all in favor Funding Request No. 3 was approved inll Ithe amount of $2,785.32. 4 November 14, 2002 Tuscany Reserve C.D.D. Mr. Stackhouse stated the next meeting will be held on December 12 at this location at 10:00 a.m. liOn MOTION by Mr. Stackhouse seconded by Mr. Sifen Iwith all in favor the meeting was adjourned at 10:15 ]a.m. David~alko Assistant Secretary Ed Stackhous Chairman 5 Thursday November 14, 2002 10:00 a.m. 1. 2. 3. o AGENDA TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT 161 Double Tree Guest Suites 12200 Tamiami Trail North Naples, Florida Roll Call Approval of the Minutes of the October 30, 2002 Meeting Public Hearings A. Adoption of the Budget for the Balance of Fiscal Year 2002 and for Fiscal Year 2003 B. Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments C. Rules of Procedure Ranking of Engineering Firms and Authorize Staff to Enter Into Contract Negotiations Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices and Funding Request No. 3 Adjournment NapLes DaiLy Ne~s NapLest FL 34102 TUSCANY RESERVE CONHUNITY DEV. DISTR - R. ARCHER 10300 NW 11TH HANOR CORAL SPRINGS FL ~071 REFERENCE: 060076 58544155 NOTICE OFPUBLIC HEAR State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, uho on oath says that she serves as Assistant Corporate Secretary of the Na~les Daily Ne~s, a daily ne~speper published at'Naples, in Collier County, Florida: that the attached copy of advertising uas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as sec~d class ~ail carter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertiseeent; and affiant further says that she has neither paid nor proeised any person, fire or corporation any discount, rebate, com=ission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 10/22 10/29 AD SPACE: 83.000 INCH FILED ON: 10/29/02 Signature of Affiant S~orn to and Subscribedr~-~re Personally known by me De~ma Che~ney My Commission DD056336 Expires Septembe~ 11. 2005 NapLes DaiLy NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy Ne~a ~JSCANY RESERVE COHNUNITY DEV. DISTR - R. ARCHER 10300N~ 11TI1 flANOR CORAL SPRINGS FL 33071 REFERENCE: 060076 58549965 NOTIOENOTICE BY THE State of FLorida County of Collier Before the ur~ersigned authority, personalty appeared B. Lamb, who on oath saya that she serves as Assistant Corp3rate Secretary of the Naples . Daily Ne~a, a daily newspaper published at Naples, i in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, Florida, each day and las been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding th3 first publication of the attached copy of advertisement; and affiant further says that she haa neither paid nor promised any person, firm or corporation any discount, rebate, coemisaten or reful~ for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/15 10/22 10/29 11/05 AD SPACE: 1~.000 INCH FILED Off: 11/05/02 Signature of Affiant I~ NOTICE Notice.by the TUSCam ~.e-/ ser~e C0rnm~nlty D tO Use the gnflo~ ,.~u ~1~/ ,orbit ~M~' of;ColIc m J se~. lev~ed u . ~,~ the Tuscany D~ ~m ~ Naples Daily News Naples, FL 34102 1611 TUSCANY RESERVE CORHUNITY DEV. DISTR - R. ARCHER 10300 NW 11TH RANOR CORAL SPRINGS FL 33071 REFERENCE: 060076 58532846 NOTICE OFRULE DEVELO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida/ for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/07 AD SPACE: 57.000 INCH FILED ON: 10/07/02 Signatureof Affiant ~-~F~' /~ Sworn to and Subscribed beff~a~ t~L~ PersonaLly known by me o. ~ m~p,r~ ~: ,~ep~D~, ~ ~, ~005 ' .' N0flce-of Rule DeVelopment TUScon¥ Reserve ~ ~mmunlt~ , Devel~me~ *-, Dls~ld In ack.rice w~h ~aP~ ~r 1~, F~i~ and Ch~ 120; FI~I~ S~S'~ ~e N~ice of . Ru~ ~yelopme~'Tus~. nv' Re~e DeVelo dural ser~!c~s;and trlct P.e~ 2002 Naples Daily News Naples/ FL 34102 Affidavit of Publication +-Naples-DaiL~ Ne~s _ ~ -: -: _ _- ~ ~ ~:- ---- ::-~:-- ::~ %:! TUSCANY RESERVE COflNUNZTY DEV. DISTR - R. ARCHER 10300 NN 11TH MANOR CORAL SPRZNGS FL 33071 REFERENCE: 060076 58533261 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority/ pers~aLLy appeared B. Lamb, ~ho o~ oath says that she serves es Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County/ FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or corporation any discount, rebate, coemission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 10/08 AD SPACE: 96.000 INCH FILED ON: 10/08/02 Signature of Affiant /~" ~ .... t Sworn to and Subscribed ~e ma ~ Personally known by ma , Donna Ch~n-~ ~ ~ ~.:¢e Expires September 1 I, 2005 1611 Naples DaiLy News Naples, FL 34102 Affidavit of Publication Naples Daily News TUSCANY RESERVE COMMUNITY DEV. DISTR - R. ARCHER 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 060076 58522801 Request for Proposal State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has bee~ entered as second class eaiL ·atter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 09/20 AD SPACE: 74.000 INCH FILED ON: 09/20/02 Signature of Affiant Sworn to and Subscribed Personally known by me Donna Chesney- (~ Expire~ Se~ember 1], 2005 1611 RESOLUTION 2003-2 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT FOR THE BAIJANCE OF FISCAL YEAR 2002 AND FOR FISCAL YAR 2003 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed General Fund Budget for the balance of fiscal year 2002 and for fiscal year 2003; and WHEREAS, a public hearing has been held on this 144 day of November, 2002, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, TI4EREFORE, RE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT; 1. The General Fund Budget heretofore submitted to and approved by the Board is hereby adopted as the final General Fund Budget of the District for the balance of fiscal year 2002 and for fiscal year 2003. 2. A verified copy of said final General Fund Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 14th day of November, 2002. Ed Stackhouse Chairman Rhonda K. Archer Secretary Tuscany Reserve Community Development District Proposed Budget FY 2002 and 2003 Tuscany Reserve Community Development District Proposed Budget General Fund Fiscal Year 2002 and 2003 FY2002 FY2003 Annual Annual Description · . . Budget ~'~ · . Budget Revenues Developer Contributions $13,067 $89,625 [Total Revenues $13,067 $89,625 Expenditures Administrative Engineering $1,000 $12,000 Attorney $2,500 $20,000 Annual Audit $0 $3,500 Management Fees $3,333 $40,000 Computer Time $42 $500 Telephone $25 $300 Postage $83 $1,000 Rentals & Leases $200 $2,400 Insurance $5,000 $5,000 Printing & Binding $83 $1,000 Legal Advertising $500 $2,000 Other Current Charges $83 $1,000 Office Supplies $42 $500 Dues, Licenses & Subscriptions $175 $175 Capital Outlay $0 $250 Administrative Expenses $13,067 $89,625 Budget is Prorated from Inception (9/02) through 9/30/02 Page 1 Tuscany Reserve Community Development District. GENERAL FUND BUDGET 161i Developer Contributions It is presently anticipated that the District will enter into a Funding Agreement with Developer to Fund all General Operating Expenditures for the Fiscal Year. the EXPENDITURES: Administrative: Engineering Fees The District's engineer will be providing general engineering services to the District, i.e. attendance and preparation for monthly board meetings, review invoices, etc. Attorney The District's legal counsel will be providing general legal services to the District, i.e. attendance and preparation for monthly meetings, review operating & maintenance contracts, etc. Annual Audit The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Finn. Management Fees The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. These services are further outlined in Exhibit "A" of the Management Agreement. Computer Time The District processes all of its financial activities, i.e. accounts payable, financial statements, etc. on a main frame computer owned by Severn Trent Environmental Services, Inc. Telephone Telephone and fax machine Postage Mailing of agenda packages, overnight deliveries, correspondence, etc. Page 2 Tuscany Reserve Community Development District Rental & Leases The District will be charged $200 per month for office rent from Severn Trent Environmental Services, Inc. for the District's administrative office located in Coral Springs. Insurance The District's General Liability & Public Officials Liability Insurance policy is with The Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage to governmental agencies. The amount is based upon similar Community Development Districts. Printing & Binding Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc. Legal Advertising The District is required to advertise various notices for monthly Board meetings, public hearings etc in a newspaper of general circulation. Other Current Charges Bank charges and any other miscellaneous expenses that incurred during the year. Office Supplies Miscellaneous office supplies. Dues, Licenses & Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only expense under this category for the District. Capital Outlay Represents any minor capital expenditures the District may need to make during the Fiscal Year such as a file cabinet for District files. Page 3 1611 RESOLUTION 2003-3 Resolution of the Board of Supervisors of the Tuscany Reserve Community Development District Expressing its Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments which hereinafter may be Levied by the District in Accordance with the Provisions of Chapter 197.3632 F.S.; and Providing an Effective Date: WHEREAS, the Tuscany Reserve Community Development District was established pursuant to the provisions of Chapter 190 F. S. which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the Board to levy special assessments pursuant to Chapter 170 F.S. for the acquisition, construction or reconstruction of assessable improvements authorized by Chapter 190 F. S .; and WHEREAS, the above referenced assessments are not considered to be ad valorem in nature and therefore, are subject to the provisions of Chapter 197.3632 F.S. in which State of Florida through its legislature has provided a uniform method for the levying, collecting and enforcing such non ad valorem assessments; and WHEREAS, pursuant to Chapter 197.3632 F.S. the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Collier County for four consecutive weeks preceding said hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT 1. The Tuscany Reserve Community Development District upon conducting its public hearing as required by Chapter 197.3632 F.S. hereby expresses its intent to use the uniform method of collecting its benefit and maintenance assessments or such other assessments imposed by the District as provided in Chapter 170 and 190 F.S. each of which are non ad valorem assessments which may be levied annually by the District pursuant to the provisions of Chapter 190 F.S. for the purpose of paying principal and interest on its bonded indebtedness and the cost of operating and maintaining its assessable improvements within the boundaries of the District as described in the attached legal description which is made a part of this Resolution as Exhibit "A". Said assessments and the District's use of the uniform method of collecting its non ad valorem assessment(s) may continue for more than one year. 2. This Resolution shall become effective upon its passage and the District's Secretary is authorized to provide the Property Appraiser and Tax Collector of Collier County and the Department of Revenue of the State of Florida with a copy of this Resolution on or before January 10, 2003. PASSED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2002. Chairman Rhonda K. Archer Secretary LEGAL DESCRIPTION EXHIBIT "A" TUSCANY RESERVE CDD METES AND BOUNDS 1611 Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South, Range 25 East, Coliier County, Florida, LESS: The portion conveyed [o Collier County, A Political Subdivision, by Warranty Deed recorded June 22, 2000, in Official Records' Book 26B9, Page 3368. together with: Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, lying West of Interstate Highway 75, Ri..g~..t-of-woy. PARCEL A and PARCEL B: TOGE-rHER BEING MORE P.A. RTICULARLY DESCRIBED AS: A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section 12, Township 48 South, Range 25 East, in Collier County Florida, and being more particularly described os follows: BEGINNING at Northwest Corner of Section 7, Township 48 South, Range 26 East run thence along the North boundary of the Northwest one-quarter ~) of said Section 7, S.89'52'09"E. 2420.80 feet to o point on the Westerly right-of-way line of Interstate Highway 75 (324' Right-of-way); thence along said Westerly right-of-way line for the foliowing three (,3) courses 1) S.19'30'45"E. 2329.79' feet to o point of curvature; 2) Southerly, 1892.87 feet along the arc of o curve to the right having o radius of 5567.58 feet and o central angle of 19'28'46" (chord bearing S.09'46"20"E., 1883.77 feet); 3) S.00"01'57"E. 1243.42' feet to o point on the South boundary of the Southeast one-quarter (~) of said Section 7; thence along said South boundary N.89'10'15"W., 844.32 feet; thence along the South boundary of the Southwest one-quarter (~) of said Section 7, N.B9'lO'25"W., 2627.4.3 feet to the Southwest corner of said Section 7; thence along the West boundary of the Southwest one-~quorter (~) of said Section 7, N.OO'32'28"W., 2623.13 feet; [hence along the West boundary of the Northwest o~.e-quorter (~) of said Section 7, N.OO'30'25"W., 1314.18 feet; thence along the Souther,y bounda of the North one-ha, of the Northeast one-.uarter of said Section 12, Township 48 South, Range 25 East, s.sg"21'50"W., 2599.55 feet to o point on the Easterly right-of-way line of Livingston Rood; thence along said Easterly right-of-way I}ne N.OO"24'47"W., 1316.68 feet to a point on the North boundary of the North one-half (~)--of the Northeast one-quarter (~) of said Section 12; thence along said North boundary, N.89"25'OS"E., 2597.57 feet to the POINT OF BEGINNING. Containing 461.29 acres, more or less. Exhibit "A" Page 1 of 2 PREPARED BY: HEIDT & ASSOCIATES, Inc.' Tampa <. Fort Myers IVIL ENgINEerING i;o~t Mye~ Ofllc~ ' NG ;3800 Colo~e,I P.a~1~eay. ~ k, ey~,, F:~¢~3. 3,3'912 Phm3e: \ / EN'V1RO~MEN't'AL PtERIv~r'I3NG F~: ~2-2103 V ~ Tuscany Reserve Community Development District Proposed Budget FY 2002 and 2003 ADOPTED 11/14/02 Tuscany Reserve Community Development District Proposed Budget General Fund Fiscal Year 2002 and 2003 161! FY2002 FY2003 Annual Annual Description ................... ~_u~g._~t"~ Budget Revenues Developer Contributions $13,067 $89,625 I Total Revenues $13,067 $89,625 I Expenditures Administrative Engineering $1,000 $12,000 Attorney $2,500 $20,000 Annual Audit $0 $3,500 Management Fees $3,333 $40,000 Computer Time $42 $500 Telephone $25 $300 Postage $83 $1,000 Rentals & Leases $200 $2,400 Insurance $5,000 $5,000 Printing & Binding $83 $1,000 Legal Advertising $500 $2,000 Other Current Charges $83 $1,000 Office Supplies $42 $500 Dues, Licenses & Subscriptions $175 $175 Capital Outlay $0 $250 IAdministrative Expenses $13,067 $89,625 Budget is Prorated from Inception (9/02) through 9/30/02 Page 1 Tuscany Reserve Community Development District GENERAL FUND BUDGET Developer Contributions It is presently anticipated that the District will enter into a Funding Agreement Developer to Fund all General Operating Expenditures for the Fiscal Year. with the EXPENDITURES: Administrative: Engineering Fees The District's engineer will be providing general engineering services to the District, i.e. attendance and preparation for monthly board meetings, review invoices, etc. Attorney The District's legal counsel will be providing general legal services to the District, i.e. attendance and preparation for monthly meetings, review operating & maintenance contracts, etc. Annual Audit The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Management Fees The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. These services are further outlined in Exhibit "A" of the Management Agreement. Computer Time The District processes all of its financial activities, i.e. accounts payable, financial statements, etc. on a main frame computer owned by Severn Trent Environmental Services, Inc. Telephone Telephone and fax machine Postage Mailing of agenda packages, overnight deliveries, correspondence, etc. Page 2 Tuscany Reserve Community Development District Rental & Leases. The District will be charged $200 per month for office rent from Severn Trent Environmental Services, Inc. for the District's administrative office located in Coral Springs. Insurance The District's General Liability & Public Officials Liability Insurance policy is with The Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage to governmental agencies. The amount is based upon similar Community Development Districts. Printing & Bindim, Printing and Binding agenda packages stationary, envelopes etc. for board meetings, printing of computerized checks, Legal Advertising, The District is required to advertise various notices for monthly Board meetings, public hearings etc in a newspaper of general circulation. Other Current Charges Bank charges and any other miscellaneous expenses that incurred during the year. Office Supplies Miscellaneous office supplies. Dues, Licenses & Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only expense under this category for the District. Capital Outlay Represents any minor capital expenditures the District may need to make during the Fiscal Year such as a file cabinet for District files. Page 3 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 TABLE OF CONTENTS General Board of Supervisors; Officers and Voting Public Information and Inspection of Records Meetings and Workshops Rulemaking Proceedings Decisions Determining Substantial Interests Procedure Under Consultants' Competitive Negotiations Act Purchase of Goods, Supplies or Materials Contracts for Construction of Authorized Project Contracts for Maintenance Services Design-Build Contract Competitive Proposal Selection Process Purchase of Insurance Bid Protests under Consultants' Competitive Negotiations Act Bid Protests Relating to Any Other Award Effective Date TUSCANY RESERVE COMMUNITY DEVELOPMENT 1611 DISTRICT GENERAL AND PROCEDURAL RULES 1.1 General. (1) The Tuscany Reserve Community Development District (the "District") was created pursuant to the provisions of Chapter 190, Florida Statutes, to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the "Rules") is to describe the general operations of the District. (2) Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary. Specific Authority: 190.011,120.53(4) Law Implemented: 190.011,120.53(4) 1.2 Board of Supervisors; Officers and Voting. (1) Board of Supervisors. The Board of Supervisors of the District (the "Board") shall exercise the powers granted to the District. The Board shall consist of five members. Members of the Board must be residents of Florida and citizens of the United States. (2) Term of Officers. Board members shall hold office pursuant to Section 190.006, Florida Statutes. If, during the term of office of any Board member(s), one or more vacancies occur, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the unexpired term(s). (3) Vacancies; Quorum. Three members of the Board physically present in the same location shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. However, if three or more vacancies occur at the same time, a quorum is not necessary to fill the vacancies. Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in these Rules or required by law. Members of the Board, as well as staff or employees of the District may be present by telephone, provided that quorum is present at the meeting location and that such telephone attendance is accomplished by speaker-so that all present may hear and respond to the comments of the party attending by telephone. Nothing herein shall require the District to permit members of the public to attend a Board meeting by telephone. (4) Officers. At any Board meeting held after each election where the newly elected members take office, the Board may select a chair, vice chair/treasurer/assistant secretary, and secretary. Such selection may be deferred to subsequent meetings. (a) The chair must be a member of the Board. If the chair resigns from that office or ceases to be a member of the Board, the Board shall select a chair to serve the remaining portion of the term, after filling the board vacancy. The chair may be authorized to sign checks and warrants for the District, countersigned by the treasurer or other persons authorized by the Board. The chair may convene and conduct all meetings of the Board. In the event the chair is unable to attend a meeting, the vice chair or other member of the Board may convene and conduct the meeting. (b) The vice chair shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. If the vice chair resigns from that office or ceases to be a member of the Board, the Board shall select a vice chair to serve the remainder of the term, after filling the Board vacancy. (c) The secretary of the Board serves at the pleasure of the Board and need not be a member of the Board. The secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. The District Manager may serve as secretary. (d) The treasurer need not be a member of the Board but must be a resident of Florida. The treasurer shall perform duties described in Section 190.007(2) and (3), Florida Statutes, as well as those assigned by the Board from time to time. the pleasure of the Board. 1611 The treasurer shall serve at (5) Committees. The Board may establish committees of the Board by formal motion referencing this rule, either on a permanent or temporary basis, to perform specifically-designated functions. Committees may include individuals who are not members of the~Board. Such functions may include, but are not limited to, contract negotiations, personnel matters, and bUdget preparation. (6) Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings of the Tuscany Reserve Community Development District," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds and corporate acts. (7) Meetings. The Board shall establish a schedule of regular meetings and may also meet upon call of the chair or three Board members. Nothing herein shall prevent the Board from holding other meetings as it deems necessary or from canceling any regularly scheduled meetings. A previously noticed regular meeting may be canceled, provided that notice of cancellation shall be given in substantially the same manner as notice for the meeting or in such other manner as may provide substantially equivalent notice of cancellation. All meetings of the Board shall be open to the public and governed by the provisions of Chapter 286, Florida Statutes. (8) Voting Conflict of Interest. The Board shall comply with Section 112.3143, Florida Statutes, so as to ensure the proper disclosure of conflicts of interests on matters coming before the Board for a vote. Nothing in this Rule shall prohibit the Board member with a voting conflict of interest from voting on a matter. For the purposes of this section, "voting conflict of interest" shall be governed by Chapters 112 and 190, Florida Statutes, as amended from time to time. (a) When a Board member knows that he/she has a conflict of interest on a matter coming before the Board, the member should notify the Board's secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes of the meeting. The member may then vote. The Board's secretary shall prepare a memorandum of voting conflict which shall then be signed by the Board member that had the conflict. (b) If a Board member inadvertently votes on a matter and later learns he or she has a conflict thereon, the member shall immediately notify the Board's secretary. Within fifteen days (15) days of the notification, the member shall file the appropriate memorandum of voting conflict which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The memorandum shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the written memorandum. The Board member's vote shall be unaffected by this filing. Specific Authority: Law Implemented: 190.011(5), 120.525 190.006(1), 190.006(4), 190.006(5), 190.006(6), 190.006(7), 190.006(9), 190.007, 112.3143, 120.525, 112.3143(4)(b) 4 1.3 Public Information and Inspection of Records. (1) Public Records. All District public records within the meaning of Chapter 119, Florida Statutes, and not otherwise restricted by law, including the "Record of Proceedings of the Tuscany Reserve Community Development District," may be copied or inspected at the offices of the District Manager or at the Offices of Goodlette, Coleman & Johnson, 4001 Tamiami Trail North, Suite 300, Naples, Florida, during regular business hours. (2) Copies. Copies of public records shall be made available to the requesting person at a charge of $ .25 per page if not more than 8-1/2 by 14 inches, and for copies in excess of that size at a charge not to exceed the actual cost of reproduction. Certified copies of public records shall be made available at a charge of $1.00 per page. If the nature or volume of public records requested to be inspected, examined or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance, a special service charge, which shall be reasonable and based on the actual cost incurred, may be charged in addition to the actual cost of duplication. Specific Authority: Law Implemented: 190.011(5) 190.006(7), 119.07(1)(a), 119.07(1)(b) 1.4 Meetings and Workshops. 1611 (1) Notice. Except in emergencies, or as otherwise pro'4id~l in these Rules, at least seven (7) days' public notice shall be given of any meeting or works~p of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and shall state: (a) The date, time, and place of the meeting or workshop; workshop; (b) A brief description of the nature, subjects and purposes of the meeting or (c) The address where persons may obtain a copy of the agenda. (d) The notice shall state that if a person decides to seek review of any official decision made at the Board meeting, a record of the proceedings will be required and the person intending to appeal will need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence necessary for the appeal. (e) When a previously noticed meeting is canceled, notice of cancellation shall be given in substantially the same manner as notice for the meeting or in any manner that will give adequate notice of cancellation. (2) Agenda. The District Manager shall prepare a notice of the meeting or'workshop and an agenda. The notice and agenda shall be available to the public in the offices of the District Manager at least seven days before each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. (3) Receipt of Notice. Persons wishing to receive, by mail, notices or agendas of meetings, may advise the District Manager or secretary at the Board's office. Such persons shall furnish a mailing address in writing and may be required to pay the cost of copying and mailing. (4) Emergency Meeting, The chair, or the vice-chair if the chair is unavailable, may convene an emergency meeting of the Board without first having complied with Subsections (1), (2), and (3), to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the chair shall make reasonable efforts to notify all Board members of an emergency meeting 24 hours in advance. Reasonable efforts may include telephone notification. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date, and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held. (5) Public Comment. The Board shall set aside a reasonable amount of time at each regular meeting for public comment, which time for audience comment shall be identified in the 6 1611 agenda. Persons wishing to address the Board may be required to notify the secretary of the Board prior to the "audience comment" section on the agenda. In its discretion, the Board may limit the length of time available to any one speaker in the interest of time or fairness to other speakers. (6) Budget Hearing; Budget Amendment. Notice of hearing on the annual budget(s) shall be in accordance with Section 190.008, Florida Statutes. Once adopted in accordance with Section 190.008, Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item. All expenditures in excess of 10% of any line item in the budget must be approved by the Board in advance of incurring such expense; however, in the case of an emergency expenditure affecting the health, safety or welfare of the District, its residents, or landowners, such expenditures must be approved in advance by the chair, or in the absence of the chair, the vice chair. (7) Continuances. Any meeting of the Board or any item or matter included on the agenda or coming before the Board at a noticed meeting may be continued without re-notice or re- advertising provided that the continuance is to a specified date, time and location publicly announced at the Board meeting where the item or matter came before the Board. Specific Authority: Law Implemented: 190.011(5), 120.525, 120.54(5) 190.007(1), 190.008, 120.525, 120.54 7 1.5 Rulemaking Proceedings. (1) Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to the applicable provisions of Chapter 120, Florida Statutes, and these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. (2) Notice of Rule Development. (a) Except when the intended action is the repeal of a rule, the District shall provide notice of the development of proposed rules by publication of a notice of rule development in a newspaper of general circulation in the District before providing notice of a proposed role as required by paragraph (3). The notice of rule development shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and a statement of how a person may promptly obtain a copy of any preliminary draft, if available. (b) All rules should be drafted in accordance with Chapter 120, F.S. (3) Notice of Proceedings and Proposed Rules. (a) Prior to the adoption, amendment, or repeal of any nde other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action; a reference to the specific ndemaking authority pursuant to which the nde is adopted; and a reference to the section or subsection of the Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2), and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within 21 days after publication of the notice. The notice must state the procedure for requesting a public heating on the proposed rule unless one is otherwise scheduled. Except when the intended action is the repeal of a rule, the notice shall include a reference both to the date on which and to the place where the notice of rule development that is required by subsection (2) appeared. (b) The notice shall be published in a newspaper of general circulation in the District not less than 28 days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice. (c) The notice shall be mailed to all persons named in the proposed nde. Any person may file a written request with the District Manager or secretary at the Board's office to receive notice by mail of District proceedings to adopt, amend or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing. Notice will then be mailed to all persons whom, at least 14 days prior to such mailing, have made requests of the district for advance notice of its proceedings. 8 1611 (4) Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the District Chair must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so. (5) Petitions to Initiate Rulemaking. All petitions for the initiation of rulemaking proceedings pursuant to Section 120.54(7), Florida Statutes, must contain the name, address, and telephone number of the Petitioner, specific action requested, specific reason for adoption, amendment, or repeal, the date submitted, and shall specify the text of the proposed rule and the facts showing that the Petitioner is regulated by the District or has a substantial interest in the rule or action requested. Petitions to initiate rulemaking shall be filed with the District. The Board shall then act on the petition in accordance with Section 120.54(7), Florida Statutes (1999), except that copies of the petition shall not be sent to the Administrative Procedures Committee, and notice may be given in a newspaper of general circulation in the county in which the District is located. (6) Rulemaking Materials. After the publication of the notice to initiate rulemaking, the Board shall make available for public inspection and shall provide, upon request and payment of cost of copies, the following materials: (a) The text of the proposed rule, or any amendment or repeal of any existing niles; (b) A detailed written statement of the facts and circumstances justifying the proposed rule; (c) A copy of the statement of estimated regulatory costs if required by Section 120.541; and (d) The published notice. (7) Rulemaking Proceedings - No Hearing. When no hearing is requested and the Board chooses not to initiate a heating on its own, or if the rule relates exclusively to organization, practice or procedure, the Board may direct the proposed rule be filed with the District Office no less than twenty-eight (28) days following notice. Such direction may be given by the Board either before initiating the rule-adoption process or after the expiration of the twenty-one (21) days during which affected persons may request a hearing. (8) Rulemaking Proceedings - Heating. If the proposed rule does not relate exclusively to organization, practice or procedure, the District shall provide (upon request) a public hearing for the presentation of evidence, argument and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay or disruption of the proceedings. Any affected person may request a hearing within twenty-one (21) days after the date of publication of the notice of intent to adopt, amend or repeal a rule. 9 1611 (9) Request for a Public Hearing. (a) A request for a public hearing shall be in writing and shall specify how the person requesting the public heating would be affected by the proposed rule. The request sl~all be submitted to the District within 21 days after notice of intent to adopt, amend, or repeal [he rule is published as required by law, in accordance with the procedure for submitting requests for public hearing stated in the notice of intent to adopt, amend, or repeal the rule. (b) If the notice of intent to adopt, amend, or repeal a rule did not notice a public hearing and the District determines to hold a public heating, the District shall publish notice of a public hearing in a newspaper of general circulation within the District at least 7 days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. (c) Written statements may be submitted by any person within a specified period of time prior to or following the public heating. All timely submitted written statements shall be considered by the District and made a part of the rulemaking record. (10) Emergency Rule Adoption. The Board may adopt an emergency rule if it f'mds that immediate danger to the public health, safety, or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as practical in a newspaper of general circulation in the District. The District may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it proteCts the public interest as determined by the District and otherwise complies with these provisions (11) Negotiated Rulemaking. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54, Florida Statutes. (12) Variances and Waivers. Variances and waivers from District rules may be granted subject to the provisions and limitations contained in Section 120.542, Florida Statutes. Specific Authority: 190.011(5), 190.011(15), 120.54, 190.035 Law Implemented: 120.54, 190.035(2) 10 1.6 Decisions Determining Substantial Interests. (1) Conduct of Proceedings. Proceedings may be held by the District in response to a written request submitted by a substantially affected person within fourteen (14) days after written notice or published notice of District action or notice of District intent to render a decision. Notice of both action taken by the District and the District's intent to render a decision shall state the time limit for requesting a hearing and shall reference the District's procedural rules. If a hearing is held, the chair shall designate any member of the Board (including the Chair), District Manager, District General Counsel, or other person to conduct the hearing. The person conducting the hearing may: 1. Administer oaths and affirmations; 2. Rule upon offers of proof and receive relevant evidence; 3. Regulate the course of the hearing, including any prehearing matters; 4. Enter orders; 5. Make or receive offers of settlement, stipulation, and adjustment. (a) The person conducting the hearing shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of heating, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. (b) The District shall issue a final order within forty-five (45) days: 1. After the hearing is concluded, if conducted by the Board; 2. After a recommended order is submitted to the Board and mailed to all parties, if the hearing is conducted by persons other than the Board; or 3. After the Board has received the written and oral material it has authorized to be submitted, if there has been no heating. (2) Eminent Domain. After determining the need to exercise the power of eminent domain pursuant to Subsection 190.11(11), Florida Statutes, the District shall follow those procedures prescribed in Chapters 73 and 74, Florida Statutes. Prior to exercising the power of eminent domain, the District shall: (a) Adopt a resolution identifying the property to be taken; 11 (b) If the property is beyond the boundaries of the District, obtain approval by resolution of the governing body of the county if taking will occur in an unincorporated area, or of the municipality if the taking will occur within the municipality. Specific Authority: Law Implemented: 190.011(5), 190.011(15) 190.011(11) 12 1611 1.7 Procedure Under Consultants' Competitive Negotiations Act. In order to comply with the requirements of Section 287.055, Florida Statutes (regarding certain types of professional services), the following procedures are outlined for selection of finns or individuals to provide professional services exceeding the thresholds herein described and in the negotiation of such contracts. (1) Definitions. (a) "Professional services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of Florida, or those performed by any architect, professional engineer, landscape architect or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice. (b) "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for professional services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended from time to time by the State of Florida Department of Management Services to reflect inflation or other measures. (c) A "continuing contract" is a contract for professional services (of a type described above), entered into in accordance with this rule, between the District and a firm whereby the firm provides professional services for the District for work of a specified nature with no time limitation, except that the contract shall provide a termination clause. (d) "Emergency purchase" is a purchase necessitated by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, hurricanes, accidents or any circumstances or cause beyond the control of the Board in the normal conduct of its business) where the Board decides the delay incident to competitive bidding would be detrimental to the interests of the District. (2) Qualifying Procedures. In order to be eligible to submit a bid proposal, a f'mn must, at the time of receipt of the bid: (a) Hold all required applicable state professional licenses in good standing. (b) Hold all required applicable federal licenses in good standing, if any. (c) If the bidder is a corporation, hold a current and active Florida corporate charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes. 13 1611 (d) Meet any prequalification requirements set forth in the project or bid specifications. Qualification standards may include but are not limited to, capability and adequacy of personnel, past record, and experience of the bidding entity. Evidence of compliance with this Rule may be submitted with the bid, if requested by the District. (3) Public Announcement. Prior to a public announcement that professional services are required for a project, the Board shall identify the project as meeting the threshold requirement. Except in cases of valid public emergencies as certified by the Board, the District shall announce each occasion when professional services are required for a project by publishing a notice providing a general description of the project and the method for interested consultants to apply for consideration. The notice shall appear in at least one newspaper of general circulation in the District and in such other places as the District deems appropriate. The District may maintain lists of persons interested in receiving such notices. These persons are encouraged to submit annually statements of qualifications and performance data. Persons who provide their name and address to the District office for inclusion on the list shall receive notices by mail. The Board has the right to reject any and all bids, and such reservation shall be included in the public announcement. Bidders not receiving a contract award shall not be entitled to recover any costs of bid preparation or submittal from the District. (4) Competitive Selection. (a) The Board shall review and evaluate the data submitted in response to the notice described above regarding qualifications and performance ability, as well as any statements of qualifications on file. The Board shall conduct discussions with, and may require public presentation by firms regarding their qualifications, and/or public presentation, select and list the firms, in order of preference, deemed to be the most highly capable and qualified to perform the required professional services, after considering these and other appropriate criteria: each firm. The ability and adequacy of the professional personnel employed by employment settings. to the project. o Each firm's past performance for the District in other professional The willingness of each firm to meet time and budget requirements. The geographic location of each firm's headquarters or office in relation The recent, current and projected workloads of each firm. The volume of work previously awarded to each firm. Whether a firm is a certified minority business enterprise. 14 (b) Nothing in these rules shall prevent the District from evaluating and eventually selecting a firm if less than three responses, including responses indicating a desire not to submit a formal bid on a given project, are received. (c) If the selection process is administered by any person other than the full Board, the selection made will be presented to the full Board with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed. (5) Competitive Negotiation. (a) After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the fu-rn listed as most qualified to perform the required professional services. (b) In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting." In addition, any professional service contract under which such a certificate is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs." (c) Should the District within twenty-one (21) days be unable to negotiate a satisfactory agreement with the fn'm determined to be the most qualified at a price deemed by the District to be fair, competitive and reasonable then unless modified by the Board, negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second fn'm cannot be reached within twenty-one (21) days (unless modified by the Board to the contrary) those negotiations shall be terminated and negotiations with the third most qualified firm shall be undertaken. (d) Should the District be unable to negotiate a satisfactory agreement with any of the selected firms within twenty-one (21) days (unless modified by the Board to the contrary) additional fa'ms shall be selected by the District, in order of their competence and qualifications. Negotiations shall continue, beginning with the first-named finn on the list, until an agreement is reached or the list of fa-ms is exhausted. (e) Once an agreement with a fn-m or individual is reached, notice of the award or intent to award, including the rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District office for seven (7) days. (6) Continuing Contract. Nothing in this Rule shall prohibit a continuing contract between a firm or an individual and the District. 15 1611 (7) Emergency Purchase. The District may make an emergency purchase without complying with these Rules. The fact that an emergency purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting. Specific Authority: 190.011(5) Law Implemented: 190.011(3), 287.055, 190.033 16 1.8 Purchase of Goods, Supplies or Materials. (1) Scope. All purchases of goods, supplies or materials exceeding the amount provided in Section 287.017, Florida Statutes, for category four, as such category may be amended from time to time, shall be purchased under the terms of these Rules. Contracts for purchases of "goods, supplies and materials" do not include printing, insurance, advertising or legal notices. (2) Definitions. (a) "Invitation to Bid" is a written solicitation for sealed bids with the title, date and hour of the public bid opening designated specifically and defining the commodity involved. It includes printed instructions prescribing conditions for bidding, evaluation criteria, and provides for a manual signature of an authorized representative. (b) "Request for Proposal" is a written solicitation for sealed proposals with the title, date and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, proposal instructions, work detail analysis and evaluation criteria as necessary. (c) material respects to proposal and these bid/proposal is not requirement relating "Responsive bid/proposal" means a bid or proposal which conforms in all the specifications and conditions in the invitation to bid or request for rules, and the cost components of which are appropriately balanced. A responsive if the person or finn submitting the bid fails to meet any to the qualifications, fmancial stability, or licensing of the bidder. (d) "Lowest responsible bid/proposal" means, in the sole discretion of the Board, the bid or proposal (i) submitted by a person or finn capable and qualified in all respects to perform fully the contract requirements and with the integrity and reliability to assure good faith performance, (ii) is responsive to the invitation to bid or request for proposal as determined by the Board, and (iii) is the lowest cost to the District. Minor variations in the bid may be waived by the Board. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids may not be modified after opening. (e) "Goods, supplies and materials" do not include printing, insurance, advertising, or legal notices. (f) "Purchase" means acquisition by sale, rent, lease, lease/purchase or installment sale. It does not include transfer, sale or exchange of goods, supplies or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the state. (g) "Emergency purchase" means a purchase necessitated by a sudden unexpected turn of events (e.g. acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), 17 where the Board finds that the delay incident to competitive bidding would be detrimental to the interests of the District. (3) Procedure. When a purchase of goods, supplies or materials is within the scope of this Rule, the following is appropriate: (a) The Board shall cause to be prepared an Invitation to Bid or Request for Proposal, as appropriate. (b) The Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (c) The District may maintain lists of persons interested in receiving notices of invitations to bid or requests for proposals. Persons who provide their name and address to the District office for inclusion on the list shall receive notices by mail. (d) Bids or proposals shall be opened at the time and place noted on the Invitation to Bid or Request for Proposal. Bids and proposals shall be evaluated in accordance with the invitation or request and these Rules. (e) The Lowest Responsive and Responsible Bid or Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. In the event the bids exceed the amount of funds available to or allocated by the District for this purchase, the bids may be rejected. The Board may require bidders to furnish performance and/or other bonds with a responsible surety to be approved by the Board. (f) Notice of award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District office for seven (7) days. (g) If only one response to an Invitation to Bid or Request for Proposal is received, the District may proceed with the procurement for goods, supplies or materials. If no response to an Invitation to Bid or Request for Proposal is received, the District may take whatever steps are reasonably necessary in order to proceed with the procurement of goods, supplies or materials. (h) The District may make an emergency purchase without complying with these Rules. The fact that an emergency purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting. Specific Authority: Law Implemented: 190.011(5) 190.033 18 1.9 Contracts for Construction of Authorized Project. (1) Scope. All contracts for the construction or improvement of any building, structure or other public construction works authorized by Chapter 190, Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20, Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and comply with the bidding procedures of Section 255.20, Florida Statutes, as the same may be amended from time to time. In the event of conflict between these Rules and Section 255.20, Florida Statutes, the later shall control. A project shall not be divided solely to avoid the threshold bidding requirements. (2) Procedure. (a) Notice of Invitation to Bid or Request for Proposals shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than $500,000 must be noticed at least 30 days prior to the date for submittal of bids. (b) The District may maintain lists of persons interested in receiving notices of Invitations to Bid or Requests for Proposals. Persons who provide their name and address to the District office for inclusion on the list shall receive notices by mail. (c) To be eligible to submit a bid or proposal, a fn-m or individual must, at the time of receipt of its bid or proposal: 1. Hold all required applicable state professional licenses in good standing. 2. Hold all required applicable federal licenses in good standing, if any. 3. If the bidder is a corporation, hold a current and active Florida corporate charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes. 4. Meet any special prequalification requirements set forth in the bid/proposal specifications. Evidence of compliance with these Rules may be submitted with the bid or proposal, if required by the District. (d) Bids or proposals shall be opened at the time, date and place noted on the Invitation to Bid or Request for Proposals. Bids and proposals shall be evaluated in accordance with the Invitation or Request and these Rules. 19 (e) To assist in the determination of the lowest responsive and responsible bidder, the District Representative may invite public presentation by firms regarding their qualifications, approach to the project, and ability to perform the contract in all respects. (f) In determining the lowest responsive and responsible bidder, the District Representative may consider, in addition to factors described in the Invitation to Bid or Request for Proposal, the following: 1. The ability and adequacy of the professional personnel employed by each bidder or proposer. 2. The past performance of each bidder or proposer for the District and in other professional employment settings. o The willingness of each bidder or proposer to meet time and budget requirements. 4. The geographic location of each bidder or proposer's headquarters or office in relation to the project. 5. The recent, current and projected workloads of the bidder or proposer. 6. The volume of work previously awarded to each bidder or proposer. 7. Whether the cost components of each bid or proposal are appropriately balanced. 8. Whether a bidder or proposer is a certified minority business enterprise. (g) The Lowest Responsive and Responsible Bid/Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. The Board may require bidders to furnish performance and/or other bonds with a responsible surety to be approved by the Board. If the Board receives fewer than three responses to an Invitation to Bid or Request for Proposal, the Board, may, in its discretion, re-advertise for additional bids without rejecting any submitted bid. In the event the bids exceed the amount of funds available to or allocated by the District for this purchase, the bids may be rejected. Bidders not receiving a contract award shall not be entitled to recover any costs of bid preparation or submittal fi.om the District. (h) Notice of the award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting the same in the District office for seven (7) days. Specific Authority: 190.011(5) Law Implemented: 190.033; 255.0525 20 !611 1.10 Contracts for Maintenance Services. (1) Scope. All contracts for maintenance of any District facility or project shall be let under the terms of these Rules if the cost exceeds the amount provided in Sections 287.017, Florida Statutes, for CATEGORY FOUR, as such category may be indexed or amended from time to time by the State of Florida Department of Management Services. The maintenance of these facilities or projects may involve the purchase of contractual services and/or goods, supplies or materials as defined in herein. Where a contract for maintenance of such a facility or project includes goods, supplies or materials and/or contractual services, the District may, in its sole discretion, award the contract according to the Rules in this subsection in lieu of separately bidding for maintenance, goods, supplies or materials, and contractual services. However, a project shall not be divided solely in order to avoid the threshold bidding requirements. (2) Procedure. (a) Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (b) The District may maintain lists of persons interested in receiving notices of invitations to bid or requests for proposals. Persons who provide their name and address to the District office for inclusion on the list shall receive notices by mail. (c) In order to be eligible to submit a bid or proposal, a fh'm or individual must, at the time of receipt of the bids or proposals: 1. Hold the required applicable state professional license in good standing. 2. Hold all required applicable federal licenses in good standing, if any. 3. Hold a current and active Florida corporate charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes if the bidder is a corporation. 4. Meet any special prequalification requirements set forth in the bid proposal specifications. Evidence of compliance with this Rules may be submitted with the bid, if required by the District. (d) Bids or proposals shall be opened at the time, date and place noted on the Invitation to Bid or Request for Proposal. Bids and proposals shall be evaluated in accordance with the invitation or request and these Rules. 21 (e) To assist in the determination of the lowest responsive and responsible bidder, the District Representative may invite public presentation by firms regarding their qualifications, approach to the project, and ability to perform the contract in all respects. (f) In determining the lowest responsive and responsible bidder, the District Representative may consider, in addition to factors described in the Invitation to Bid or Request for Proposal, the following: 1. The ability and adequacy of the professional personnel employed by each bidder or proposer. 2. The past performance of each bidder or proposer for the District and in other professional employment settings. o The willingness of each bidder or proposer to meet time and budget requirements. 4. The geographic location of each bidder or proposer's headquarters or office in relation to the project. 5. The recent, current and projected workloads of the bidder or proposer. 6. The volume of work previously awarded to each bidder or proposer. 7. Whether the cost components of each bid or proposal are appropriately balanced 8. Whether a bidder or proposer is a certified minority business enterprise. (g) The lowest responsive and responsible bid/proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. The Board may require bidders or proposers to furnish performance and/or other bonds with a responsible surety. If the Board receives fewer than three responses, the Board may, in its discretion, re-advertise for additional bids or proposals without rejecting any submitted bid or proposal. In the event the bids or proposals exceed the amount of funds available to or allocated by the District for this purchase, all bids/proposals may be rejected. Bidders or proposers not receiving a contract award shall not be entitled to recover any costs of bid/proposal preparation or submittal from the District. (h) Notice of the award or intent to award, including rejection of some or all bids or proposals, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting the same in the District office for seven (7) days. Specific Authority: 190.011(5) Law Implemented: 190.033 22 1.11 Design-Build Contract Competitive Proposal Selection Process (1) Scope. The District may utilize design/build contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a design/build contract, the District shall use the following procedure: (2) Procedure. (a) The District shall utilize a design criteria professional meeting the requirements of section 287.055 (2)(K)when developing a design criteria package, evaluating the responses or bids submitted by design-build firms, and determining compliance of the project construction with the design criteria package. The design criteria professional may be an employee of the District or may be retained using Rule 1.7, Procedure under Consultants' Competitive Negotiations Act. (b) A design criteria package for the construction project shall be developed and sealed by the design criteria professional. The package shall include concise, performance- oriented drawings or specifications of the project, and shall include sufficient information to put interested firms on notice of substantially all of the requirements of the project. If the project utilizes existing plans, the design criteria professional shall create a design criteria package by supplementing the plans with project specific requirements, if any. All design criteria packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof. (c) The Board, in consultation with the design criteria professional, shall establish the standards and procedures for the evaluation of design-build proposals based on price, technical, and design aspects of the project, weighted for the project. (d) After a design criteria package and the standards and procedures for evaluation of proposals have been developed, competitive proposals from qualified firms shall be solicited, pursuant to the design criteria by the following procedure: 1. A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the County in which the District is located. The notice shall allow at least seven (7) days for submittal of proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. 2. The District may maintain qualification information, including: capabilities, adequacy of personnel, past record, experience, whether the fn'rn is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985, and other factors, on design-build firms. Such firms shall receive a copy of the request for proposals by mail. 23 3. In order to be eligible to submit a proposal: a firm must, at the time of receipt of the proposals: a. Hold the required applicable state professional license in good ' standing, as defined by 287.055 (2) (h); bo Hold all required applicable federal licenses in good standing, if c. Hold a current and active Florida corporate charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes, if the bidder is a corporation; Meet any special prequalification requirements set forth in the design criteria package. Evidence of compliance with these Rules may be submitted with the bid, if required by the District. (e) The board shall select no fewer than three design-build firms as the most qualified, based on the information submitted in the response to the request for proposals, and in consultation with the design criteria professional, shall evaluate their proposals based on the evaluation standards and procedures established prior to the solicitation of requests for proposal. (f) The board shall negotiate a contract with the finn ranking the highest based on the evaluation standards, and shall establish a price which the board determines is fair, competitive, and reasonable. Should the board be unable to negotiate a satisfactory contract with the finn considered to be the most qualified at a price considered by the board to be fair, competitive, and reasonable, negotiations with that fn-rn must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Failing accord with the second most qualified firm, the board must terminate negotiations. The board shall then undertake negotiations with the third firm. Should the board be unable to negotiate a satisfactory contract with any of the selected firms, the board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached. (g) After the board contracts with a firm, the finn shall bring to the Board for approval, detailed working drawings of the project. (h) The design criteria professional shall evaluate the compliance of the project construction with the design criteria package, and shall provide the Board with a report of the same. (3) Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified design-build firm 24 available at the time. The fact that an emergency purchase has occurred shall be noted in the minutes of the next board meeting. Specific Authority: 190.011(5) Law Implemented: 190.033; 255.20 25 1.12 Purchase of Insurance. 1611 (1) Scope. The purchase of life, health, accident, hospitalization, legal expense or annuity insurance, or all or any kind of such insurance for the officers and employees of the District, and for health, accident, hospitalization and legal expense insurance for the dependents of such officers and employees upon a group insurance plan by the District, shall be governed by these Rules. Nothing in this Rules shall require the District to purchase insurance. (2) Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed: (a) The Board shall cause to be prepared a Notice of Invitation to Bid. (b) Notice of Invitation to Bid shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (c) The District may maintain a list of persons interested in receiving notices of invitations to bid. Persons who provide their name and address to the District office for inclusion on the list shall receive notices by mail. (d) Bids shall be opened at the time and place noted on the Invitation to Bid. (e) If only one response to an Invitation to Bid is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase. (f) The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements. (g) Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies which have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to District officers, employees, or their dependents, the geographic location of the company's headquarters and offices in relation to the District, past performance for the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall need of the District, its officers, employees and/or dependents. (h) Notice of the award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting the same in the District office for seven (7) days. Specific Authority: 190.011(5) Law Implemented: 112.08 26 1.13 Bid Protests Under Consultants' Competitive Negotiations Act. Notwithstanding any other provision in these Rules, the resolution of any protests regarding the decision to solicit or award a contract for a bid or proposal under Sections 1.7 or 1.11 shall be in accordance with this section. (1) Notice. The District shall give all bidders written notice of its decision to award or intent to award a contract (including rejection of some or all bids) by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District office for seven (7) days. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 1.14 of the Rules of the Tuscany Reserve Community Development District shall constitute a waiver of proceedings under those Rules." (2) Filing. Any person who is affected adversely by the District's decision or intended decision shall file with the District a notice of protest within seventy-two (72) hours after the posting of the final bid tabulation or after receipt of the notice of the District decision or intended decision, and shall file a formal written protest within seven (7) days after the date of filing of the notice of protest. The notice of protest shall identify the procurement by title and number or any other language that will enable the District to identify it, shall state that the person intends to protest the decision, and shall state with particularity the law and facts upon which the protest is based. With respect to a protest of the specifications contained in an Invitation to Bid or in a Request for Proposals, the notice of protest shall be filed in writing within seventy-two (72) hours after the receipt of notice of the project plans and specifications (or intended project plans and specifications) in an Invitation to Bid or Request for Proposals, and the formal written protest shall be filed within seven (7) days after the date when notice of protest is filed. Failure to file a notice of protest(or failure to file a formal written protest) shall constitute a waiver of all further proceedings. (3) Award Process. Upon receipt of a notice of protest which has been timely filed, the District shall stop the bid solicitation process (or the contract and award process) until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances which require the continuance of the process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare, the award process may continue. (4) Mutual Agreement. The District, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest by mutual agreement between the parties within (7) days (excluding Saturdays, Sundays and legal holidays) upon receipt of a formal written request. (5) Proceedings. If the subject of a protest is not resolved by mutual agreement, a proceeding shall be conducted in accordance with the procedural guidelines set forth in Section 1.6. Specific Authority: Law Implemented: 120.57(3), 190.011(5) 120.57(3), 190.033 27 1611 1.14 Bid Protests Relating to Any Other Award. Notwithstanding any other provision in ~ese Rules, the resolution o£ any protests reg~ding the decision to solicit or award a contract £or a bid or proposal under Sections 1 .g, ] .9, 1.10, or 1.11 shall be in accordance with this Section 1. ! 4. (1) Notice. The District shall give all bidders written notice of its decision to award or intent to award a contract -- including rejection of some or all bids-- by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District office for seven (7) days. (2) Filing. Any person who is affected adversely by the District's decision or intended decision shall file with the District a notice of protest in writing within seventy-two (72) hours after the posting of the final bid tabulation or after receipt of the notice of the District decision or intended decision, and shall file a formal written protest within seven (7) days after the date of filing of the notice of protest. The formal written protest shall state with particularity facts and law upon which the protest is based. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of all further proceedings. (3) Award Process. Upon receipt of a notice of protest which has been timely filed, the District shall stop the bid solicitation process or the contract and award process until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances which require the continuance of the process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare, the award process may continue. (4) Mutual Agreement. The District, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest by mutual agreement between the parties within five (5) days (excluding Saturdays, Sundays and legal holidays) of receipt of a formal written protest. (5) Heating. If the subject of a protest is not resolved by mutual agreement, the District shall hold a proceeding in accordance with the procedural guidelines set forth in Section 1.6. Specific Authority: 190.011(5) Law Implemented: 190.033 28 1.15 Effective Date. These Rules shall be effective November 14, 2002 except that no election of officers required by these Rules shall be required until after the next regular election for the Board of Supervisors. 29 Tuscany Reserve COMMUNITY DEVELOPMENT DISTRICT Fundin8 Request//3 November 14, 2002 ITEM NO. PAYEE GENERAL FUNDCAPITAL PROJECTS® J (1) ~'~'~~ ~ ........ ~ ~ ........ ~ .... " ..................... ~ ........~¥~;!~i Department of Community Affairs Special District Fee - FY03 5175.00 2 FedEx Inv# 4-434-97689 - Deliveries thru 10/29 $17.00 Goodlette, Coleman ~t Johnson, P.A. File No: 2334-001M, Statement No: 1 51,619.00 4 Heidt ~t Assodates Inv# 096292 5600.00 Naples Daily News Inv# 58533261 - Notice of Public Hearin8 Inv# 99642560 - Notice of Public Hearin8 Inv# 99642560 - Notice of Public Hearin8 Inv# 58536452 - Resolution 2002-13A Inv# 58540843 - Notice of Meetin8 $180.16 5133.72 51,061.28 $906.84 $817.20 Severn Trent Environmental Services Manasement Fees RentaLs E Leases Computer Time (September 2002) Manasement Fees Rentals & Leases Computer Time (October 2002) 53,333.34 5200.00 541.67 53,333.34 $2oo.oo 541.67 (1) Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. 01724~00~ 17:~ 7748~01 P~B ~FO PAG~ 01/03 Halas -- ,~(/~ - Henning- Y~ -- Coyle ~ ~ -- Coletta- [/ -- RECEIVED Board of County Commissioners NOTICE OF SPECIA!J MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD THURSDAY, JANUARY 30, 2003 7:00 P.M. County Commission Meeting Room Turner Building (Building F), Third Floor Collier County Government Center, 3301 Tamiami Trail East Naples, Florida 34112 NOTICES ** Public comments vdll be limited, to 5 minutes unless permission for additional time is ~ar~ted by the Chairman, Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in aay lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of Cotmty Comm.issioncrs and its advisory boards, register with the Clerk to thc Board at the Board Minutes and Records Department. AGENDA I. 7:00 P.M. Meeting tailed to order. II. Determination of excusal of absences. HI. N~v Business: Discussion and approval of Mission and Goals Statement for the year 2003. IV. Public Comments. V. Meeting Adj omms. H/Ran~ro/l-IAAB/Speclal Meeting Jan. 30, 2003 1611 )RKFORCE HOUSING ADVISORY COMMITTEE JANUARY 6, 2003 MINUTES Board Members present: David Ellis, Larry Keesey, Mark Lindner, Joe Paterno, Mark Strain and Susan Golden RECEWEf.~ 0f C0un'~'~ <j0mmissionec'~ Members absent: Karen Homiak, Essie Serrata, and Mario Valle Staff present: Commissioner Fiala, Cormac Giblin Guests: Bruce Anderson, Deborah Forester, Tim Hancock, Marcie Krtm~bine, Phil Peters, Mike Timmerman, Russ Weyer, Debbie Wight, and A1 Zichella Minutes from November 18, 2002 were presented. Motion to approve by Ellis/Kessey supported unanimously. December 2, 2002 minutes reviewed. Motion Ellis/Keesy to approve passed unanimously. There was discussion on the need to possibly amend the minutes from December 16th in order to reflect the large crowd and diverse opinions. December 16 Minutes will be held to a future meeting. Mark Strain suggested that the committee review the toolbox list that had been previously prepared by Barb Cacchione and Deborah Forester. Mark also suggested that a check list be created to determine want needs to be done. Mike Timmerman suggested that the committee provide a breakdown on the tree need and identify the target market, demographics, single-parent households, etc. Donna Fiala said that the employees of the large developers, contractors and others should have first opportunity at buying/renting the newly constructed workforce housing. Marcie Krumbine indicated that she had been reviewing demographic information on families assisted by the Collier County Loan Consortium. In addition, the Loan Consortium and Empowerment Alliance were surveying Immokalee school employees to gather information on their needs. A discussion ensued on the need to formulate a survey and David Ellis suggested that Mike Timmerman look at a draft survey for County and NCH employees and other large employers. o A discussion ensued involving Tim Hancock and Al Zichella about building affordable housing units. Mr. Zichella said that the formula was not right and the developer would end up building affordable housing units at a loss. Tim Hancock indicated that the "enemies" of affordable housing are land cost and impact fees. There was discussion about the profit margins being too narrow for developers to make affordable housing work. Something must effect the bottom line and that requires changes to either land costs, impact fees or both. Other discussions included an opportunity to create an affordable housing mitigation bank and identify formula such as for every 10 market rate units 1~; ~01l~:l/demand for 1 unit of affordable housing would be generated. There is also a ne,~to~i,d~ntify a relationship between commercial square footage and demand A rational nexus must be identified along with a linkage fee and incentives to build large affordable housing communities or allow developers to "buy credit" in an approved housing mitigation land bank. Another alternative is to look at reducing county transportation impact fee for those units located near major roadways or transit lines. Mark Strain suggested that the committee look at smaller size projects (i.e 15 -25 units), reduce the per unit "opt-out" cost and help spread the inclusionary zoning requirement throughout the community. A1 Zichella suggested that the committee consider putting the need for ad valorum tax dollars on the table and also develop a market based solution with incentives. Mark Strain suggest that the committee review the dollars and numbers in the proposed ordinance and possibly reduce the per unit cost because other funding sources may become available through the toolbox approach (i.e. linkage fees, impact fees, ad valorem funds, etc) Tim Hancock suggested that a way to reduce the financial burden of impact fees is to reduce transportation impact fees for workforce housing located along transit lines because they have the potential of reducing traffic loads. He emphasized the need to affect the land cost and impact fees in order to develop more workforce housing. Deborah Forester indicated that the reason for the high inclusionary zoning buy-out fee was to discourage buy-out and therefore provide more units on site. She reminded the group that there may be other options for funding that the broader community would participate in (i.e. linkage fees, food and beverage tax, transfer tax) Mark Strain suggested that the committee prepare a package of ideas to take forward which might win more support than one proposal with a high price tag. He suggested that the group look at more elements and financing options. David Ellis noted that the only resources currently allocated to housing are SHIP funds from the State. A discussion ensued on possible subcommittees that would look at picking the right tools. If each subcommittee focused on specific topics they could better define alternatives within 60-90 days. Each subcommittee could review topics, get consensus and then report back to the larger group. It was suggested that the committee provide the BCC with a status report on the fact that the group needs more information, is developing a comprehensive package and will report at a later date. Patrick White suggested that the checkbook currency concept worked by meeting with end users and impacted groups. The Workforce Housing committee also needs more input from the development and construction industries. Cohesive problem solving occurs when the regulators and the regulated can resolve concerns and develop good policy. It is important to strive for legally defensible recommendations that are good policy. Meeting adjourned 5:17 p.m. ~ECEiVE[,, ' 1611 ' ..... ~e~xr~us RKFORCE HOUSING ADVISORY COMMITTEE Janua~ 13, 2003 ~aac~ Members present: David Ellis, K~en HomJ~, Joe Patemo, M~L Strain ~d Golden Members absent: Larry Keesey, Mark Lindner, Essie Serrata, Marlo Valle Staff present: Commissioner Donna Fiala, Assistant County Attorney Patrick White and Cormac Giblin Guests: Deborah Forester, Phil Peters, Mike Timmerman, Russ Weyer and A} Zichella 1. The meeting was convened at 3:39 p.m.. There was no quorum present so minutes were not approved. Discussion was initiated on agenda item #3 Tool Box Alternatives. Members reviewed a summary of the ideas that Barbara Cacchione and Deborah Forester compiled from the spring brainstorming session which was summarized in the May 7, 2002 handout. Commissioner Fiala indicated that she thought we also agreed to partner certain concepts together such as Inclusionary Zoning and an HDC to assist with the construction of homes. She also indicated that Linkage Fees was parmered with another concept. Al Zichaella indicated that the group is requiring economic integration and will encounter a firestorm of opposition. Mark Strain indicated that he is concerned about the values that have been attached to the inclusionary zoning proposal. Should the numbers and dollar costs be reduced before being brought forward? Al Zichallea said that the current proposal is likely to fail. Mike Timmerman suggested that the group better define workforce housing and create a "brand" so that the community understands who the target market is. He also suggested that the committee look at infill and ACLF sites that will not be built for their current intended uses.. In addition, the group should identify more incentives to encourage the development of workforce housing. Patrick White raised the question that if the goal is more dwelling units what is the mechanism to bridge the gap between money and developing units? How does the group propose to get there? There is a need to develop a road map, identify a price range, etc. Russ Weyer suggested that the group look at what mechanisms are needed "to do" the units, how many do we need to generate and how can it be funded. He suggested two (2) tool boxes one to address the "How to create units" and one to address "How to fund". ~.;izc. C0rres: After a lengthy discussion subcommittees were formed as follows: O~e. __ . . Funding Sources (items a, c, d & g/Linkage fees, Earned interest/general funds, Impact fees, Real Estate Transfer tax): David Ellis, Joe Paterno & others Zoning/Land Use/Comp Plan (item b and #4/Inclusionary Zoning, Developer incentives): Mark Strain, Karen Homiak & others Implementation/Unit production (items e, i, j/Nonprofit/HDC, etc, Community Land Trust, ): Mark Lindner, Phil Peters, David Ellis and Susan Golden Demographics and Need: (survey results, existing need, in-fill opportunities) Essie Serrata, Mike Timmerman, Vince Cautero and Russ Weyer Each committee's assignment between now and January 27th is to outline what the committee wants to accomplish and their expectations. The Workforce Committee will meet weekly beginning February 3rd. Meeting adjourned at 5:55 p.m. Fiala ~ ~ Halas Henning. V'., . Coyle . ~, Coletta // Call to order COLLIER COUNTY LIBRARY AOVISORY BOARb Wednesday, January 22, 2003 Headquarters Library AGENbA Approval of Minutes Literacy Program Report Reports of Officers Communications a: Written b: Personal Unfinished Business: 1. Employee of the Month 2. Immokalee Library Construction 3. Library Policies Revision New Business General Considerations Director's Report Report of the Friends Adjournment Naples, Florida, December 18, 2002 1611 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Jaculyn K. Dering VICE-CHAIR: Doris J: Lewis Syd Mellinger Sabina Musci Diane Williams ALSO PRESENT: John W. Jones, Library Director Marilyn Matthes, Assistant Director Helen Eckhardt, Pres., Friends of the Library Roberta Reiss, Literacy Coordinator Luz Pietri, Admin. Assistant APPROVAL OF MINUTES Mrs. Dering asked for comments or corrections to the minutes of October 23, 2002. There being none, Mrs. Mellinger moved, seconded by Mrs. Williams and carded unanimously, that the minutes be approved as submitted. Mrs. Reiss stated that the Verizon Grant had been signed, sealed and delivered. She also stated that a Long Range Plan is in the plans. Lastly, she reported that the tutors' list has expanded considerably. REPORTS OF OFFICERS The Chairman reported that all Board members had received a copy of a letter sent by Senator Burt Saunders to Mr. Graham Ginsberg in reference to the movie rating system. COMMUNICATIONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Ms. Musci moved, seconded by Mrs. Lewis and carried unanimously, to select Carolann Adams from Headquarters as Employee of the Month for December 2002. In reference to the Immokalee Branch Construction, Mr. Jones stated that the County Permit should be ready in a few days, if not, the State funds will be lost. 16ll Mrs. Matthes presented to the Board the revised Library Policies for approval. Mrs. Mellinger moved, seconded by Mrs. Lewis and carded unanimously, for approval of the revised Library Policies dated December 18, 2002. Mrs. Linda Fasulo explained to the Board the upcoming 'Love My Library" Campaign. This campaign will encourage residents of Collier County to donate funds to the Library for the purchase of additional books. The kick-off day will be January 31, 2003 at the Headquarters Library. Marilyn Matthes presented to the Board an updated 'Library Structure and Community Support Report'. Mrs. Lewis moved, seconded by Ms. Musci and carried unanimously, to accept the report as presented by Mrs. Matthes. NEW BUSINESS - None GENERAL CONSIDERATIONS Mrs. Dering read and presented Mrs. Mellinger with a Proclamation expressing the Board and the Library's appreciation for all the years of excellent service while on the Board. Mrs. Mellinger thanked everyone and offered to continue her unofficial service, when and if needed. DIRECTOR'S REPORT Mr. Jones stated that the next building renovation is going to take place in the Golden Gate Library. It will add 10 to 12 thousand square feet to the building. He also stated that the County has property in an area between Manatee Elementary School and Corkscrew Road, which is being considered for a library. REPORT OF THE FRIENDS Mrs. Eckhardt reported that the new Friends Brochure is out. She wanted to congratulate Linda Fasulo on a job well done! She also stated that a new program has been started to have a different member of the Library Staff attend the Board meetings to talk about the individual programs they might be involved with. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Mellinger moved, seconded by Mrs. Lewis and carded unanimously, that the meeting be adjourned. Time: 4:10p.m. DATE: TO: FROM: SUBJECT: MEMORANDUM January 24, 2003 Board of County Commissioners Pat Lehnhard, Administrative Assistant, OMB Productivity Committee Meeting Minutes /iala '// Halas .~,'/ Henning Coyle v"' Coletta ~ RECEIVEE,, 2003 Enclosed for your information and files are the Productivity Committee's Minutes listed below: December 18, 2002 Regular Meeting Minutes Please do not hesitate to contact me, or Winona Stone, should you have any questions regarding the above information or enclosures. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 1611 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes December 18, 2002 2:00 p.m. Members Present: Donald Campbell, Edward Ferguson, Dexter Groose, Jean Ross-Franklin, James Homer, Joseph Swaja, Joseph Mumaw Members Absent: Janet Vasey and James Gibson, with two vacant positions BCC Liaison Present: Commissioner Henning Staff: Mike Smykowski, Director of OMB; Jim Mitchell, Clerk's Finance Director; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant I. Introduction: Don Campbell called the meeting to order at 2:00 p.m. He advised Jim Gibson and Janet Vasey were absent due to a death in each of their families. The November 20, 2002 minutes were unanimously approved as presented. II. Old Business: A. Presentation on Fund Reserves by Mike Smykowski, Budget Director, and Jim Mitchell. Clerk's Finance Director Mike distributed a copy of Chapter 126 of the Florida Code explaining the statutory requirements/limitations for establishing reserves. Reserves cannot be over 10% of the total budget. He explained further that the General Fund is supported by Ad Valorem taxes. Ad Valorem monies do not begin to come into the County until right before Thanksgiving. The major distribution is received by the County around the end of November. The Constitutional Officers are to receive 1/12th of their budgets the beginning of October. Therefore, it is necessary to have cash on hand for the payout. The operating policy is to budget 5% for contingencies. There is no statutory requirement for reserve for capital outlay. A question was asked about attrition. Mike explained that the Board recognizes that the County does not spend 100% of every salary or fringe benefit budgeted. Therefore, the Board adopted a policy to budget at the fund level 4% of the total budgeted annual personal services within each fund with 10 or more budgeted positions as a negative appropriation. A majority of the Sheriff's budget supported by the General Fund is for salary and benefits. Page 1 of 2 Don Campbell asked Mike to get back to the Productivity Committee a total of all contingencies, attrition realized and how much of contingency does not get spent. Mike was asked to focus on the General Fund at this time. Mike advised he would prepare this information and send it to the members of the Productivity Committee prior to their next meeting. Commissioner Henning would like to determine if the County is under- or over-staffed. He asked if the Productivity Committee could take on a small portion of the County and look into productivity. Don advised they would need to do some pilot tests on a couple of departments, but did not want to commit since the Chairman was not present at the meeting. This will be discussed further. III. New Business: A. Review Applications for Committee Membership - Currently there are two vacancies on the committee. In February there will be five vacancies. The deadline for applications is January 10. To date, three applications have been received. It was unanimously agreed that a recommendation for new committee members would not be determined at this meeting but be deferred to the January meeting when all five positions could be considered. B. Discussion of Process for Committee Review by the Board of County Commissioners - Winona advised the committee is required to provide a letter to Jim Mudd by January 15 on this item. This information will be sent to the BCC by February 15. Jim Gibson is aware of this and will respond by the deadline. IV. Comments/Suggestions: Discussion was held on the need for the overpass on Golden Gate Parkway. Commissioner Henning explained what the BCC is looking at. The committee asked Winona to contact Norman Feder to invite him to attend their February 19 meeting to provide an update on the status of the GG/Airport fly over, including current cost estimates for this Project and potential alternatives if the fly over is not built. During the Productivity Committee's FY 03 budget review, it was suggested that the SherifFs office raise the inmate's fee at the County Jail. The inmates are still being charged the same amount even though it was agreed that the inmate's fees would be increased. The Productivity Committee would like to know why this has not been done. Meeting adjourned at 4:00 p.m. Next Meeting: The next meeting.of the Productivity Committee is scheduled for Wednesday, January 15, 2003, 2:00 p.m. in the County Manager's front conference room, 2nd floor of the W. Harmon Tumer Building (Building F, Administration Building). Page 2 of 2 2685 Horseshoe Drive South Naples, I~ 34104 ~EOEIYE[~ SUMI~¥ OF MINUTBS & MOTIONS Jan.ary 9, 9008 III. Approval of Minutes: Bud Martin moved to approve the minutes of December $, 2009.. Seconded Charles Arthur. Carried 4-0 VI. Old Business: A. Lighting Company - Randy Boone, Architectural Area Lighting, gave the Committee a presentation on the different decorative street lighting possibilities. The Committee will hold a meeting for the Homeowners Associations on February 27, at 7:00 for them to express their views for street lighting and other areas of interest they may have for the MSTU to pursue. ~!isc. Cortes: Copies To: vam m B aM 16 1 1 Aaivi~w,/Go~itt~ 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 Febmar~ 6, 2003 AGENDA II. III. IV. CAI.I. 19PF. ICI'ING TO ORDER ATrENDANCE APPROVAL OF MINUTe: January 9, 2003 TRANSPORTATION SERVICES REI~RT: A. Budget Report OI~D BUSINESS: A. Lighting Company B. February Meeting C. Sidewalks D. Wooden Posts E. Water at Sunset Bay - South end of Gulf Shore Dr. F. North end of Gulf Shore Dr. Landscaping G. Traffic Calming H. Water at comer of Vanderbik Beach & Vanderbiit Drive - Regatta I. Bench Replacements Ko NEW BUSINESS: A. Landscape Architect PUBLIC COMMEN~ ADJOURNMFAVF *The next meting is scheduled fo~ 7:00 PM, February 27, 2003 Next regular scheduled meeting is fo~ 2:30 PM, March 6, 2003 AT ST. 3'OHNS CATHOLIC CHURCH 625 111TM Ave. Naples, FL Ad~i;M¥ ~o~lttaa 2685 Horseshoe Drive South Naples, FL 34104 Minutes January 9, 2003 1611 III. Vo Dick Lydon called the meeting to order at 2:30 PM. ATTENDANCE: Committee Members: Dick Lydon, BJ. Savard-Boyer, Bud Martin, Charles Arthur, Carol Wright (2:31) Collier County: Bob Petersen-Road Maintenance, Val Prince-Road Maintenance, Gerald Moms-Traffic Operations, Diane Flagg Others: Randy Boone-WFLI, Robert Kindelan-CLM, Sue Chapin-Manpower Services, Commissioner Frank Halas Approval of Minutes: Bud Martin moved to approve the minutes of December 5, 2002. Seconded Charles Arthur. Carried 4-0. Transportation Services Report: A. Budget Report - Val handed out the Budget with no changes from last month. Bob Petersen mentioned their new SAP system is not working properly at this time. No Invoices have been paid due to the problems. An update on the Budget will be given at the February meeting. Landscape Maintenance Report: Robert (CLM) reported irrigations problems have been minimal. The two bench locations destroyed have been rebuilt. CLM will order the benches as soon as they are in stock. There is discoloration on the Ixoras. They are being fertilized. The junipers were removed at particular comers and will be replaced with E/rope. The decorative grasses will also be replaced. Old Business: A. Lighting Company - Bob introduced Randy Boone, Architectural Area Lighting, who has the annual conU-act for Collier County for decorative street lighting. Randy gave a presentation of the general guideline process. l_ztmp - Light Source - Light Bulb - Measured by how much wattage and illumine - this ratio is how the efficiency in a lamp is measured. Maintenance is a big concern and the life of the Lamp. Color - The shade oflight - white etc. (warming or cooler) A116 [ 1 "~ color rendering, what light is suppose to look like when it falls on a person. Metal Hale light - a white light - used in most parking lots and commercial centers. Another is High Pressure Sodium- roadway lighting -orange in color. These are more efficient with fewer heads. Costs the same with both as same wattage. Many municipalities and businesses tend to go towards the white light. Fixture - light control -one way is to do nothing - bare light bulb. It is a waste of energy. Secondly is to put "refractor" around it. (Glass jar with prisms cut into it). A glare hits the eye with this one. Third is "reflector" which is a metal (polished or brushed) Considered to be most efficient and controls the light. Want as little light as possible. With turtle concerns on Gulf Shore, the Dept of Environment Guidelines issued by the State will refer to "cutoffs" specifically. Randy discussed different shields for the concerns about turtles and also house side shields. It is easy to block light with this type fixture. Light Levels - EIS guidelines for sidewalks and roadways was discussed. The ratio of light, DOT roadway lights and proper levels for residential sidewalks was part of the presentation. He covered 2 categories of heights - roadway lighting 25-40 feet and pedestrian lighting 12-16 feet. A lower mounting height is typical. Quality Lighting - want the light to fall into the environment that is visually acceptable to the pedestrian. Comfort glare is hitting the eye; disabling glare causes a person to squint. Light trespass is when considering a sidewalk and light falls onto a property and is not wanted - possibly shining into windows etc. With certain types of fixtures it is controlled. Decisions will then be made on putting all these ingredients together with budgeting. Randy looked at two areas to get an idea of what is needed. He talked about secuhty lighting and safety. Bud felt lighting the walkways is what they are looking for so people feel safe and confident after dark and lights not shining in their windows. He favors a warmer light over a bright light. Dick stated it is different on Gulf Shore Drive than it is on the Vanderbilt Drive sidewalk. BJ commented she feels they need lights on both sides of the street and a 12 foot pole shining down so people can see where they are walking. The Committee members had a lengthy discussion on the type of light, the brightness, and the areas that need lighting, the light levels and the type of style they favor. They talked about the drainage issues, bike paths, putting 2 1611 sidewalks and fights on both sides of the streets, finger streets, the cost and possibly phasing it into the budget. These are all things that need to be brought up for the Homeowners meeting in February. Commissioner Halas asked if lights were put on the finger streets, if dimming the level of light is possible. Randy responded it is cost prohibitive after purchasing and deciding later they are too bright and want them dimmed. Not done in the industry. If they want the wattage dimmed, it needs to be done in advance. The ballast in the lamp is compatible. Again cost prohibitive but probably not as much as dimming them. Commissioner Halas asked if they could have a demonstration or a light in the parking lot for the Homeowners meeting in February. The people are very visually oriented. Randy can provide a slide presentation for the Homeowners meeting in February along with samples. He handed out a catalog for the Committee to get an idea of architectural lighting. The Committee gave their opinion of the style of lights that were appealing to the eye. The cost of the arms and the poles was discussed. Bud summarized for Randy that the people will be concemed with - 1) Will it shine in their windows? 2) Will it upset the environment with turtles and light pollution? 3) How much will it cost? 12' rather than 18' poles, level of lighting on page 4 rather than page 8, and the gas lantern being the esthetic look is what the Committee favored. More period traditional looking fixtures was agreed upon. A series of options for the lights and costs should be presented at the public meeting. A vote will be taken on 4 different designs. The categories the Committee wants to address for lights are: Gulf Shore Drive, Vanderbilt Drive - one side only- sidewalk Bicycle Paths on Gulf Shore Drive All the finger Streets Bridge and Park February Meeting - discussed earlier. Utility Pole Easement - Bud reported FPL does not put lines in the right- of-way; and need a valid 15 foot easement from the property line into the lot and possibly 10% on finger streets. The costs to bury the lines are approx. $100/per foot excluding conduit and approx, an additional $360.00 per house with overhead connections. Older homes may need inspections before hook-up. Under grotmd lines will need 10xl 0 green boxes and Viii other utilities beside FPL are on the poles. There was no further discussion. Do Logo - Dick handed out a Logo used on all their poles. Bob has asked Bob Tifton to supply wooden poles and has not heard anything. He will report back at the February meeting. The logo supplied should be changed from Vanderbilt Pride to Vanderbflt Beach and there is no copyright involved. Sidewalks - Sidewalks on the East side of Gulf Shore Drive is being discussed. Input at the Homeowners meeting on sidewalks at various areas, curb and gutters, traffic calming and speed bumps with a possible handout were discussed. A possible list of things the Homeowners may want the Committee to pursue was also talked about. F. Water at Sunset Bay - south end of Gulf Shore Drive - water accumulates in the roadway. Mr. Etelamaki is looking into the situation. Go North end of Gulf Shore Dr. Landscaping - Gerald Moms showed the Committee a map of a conceptual design idea with a mm around for a bus, brick pavers etc. He would like to see this be an impressive area with striking landscaping ideas from Bob Petersen. The County will need an agreement with the State for some of the property. A possible trade for the County property is a possibility or an easement. Commissioner Halas asked about facilities which need to be addressed. Being in its early stages of design several issues were addressed by the Committee. Gerald would like input from the Committee with their ideas. H. Traffic Calming - Gerald is looking for input from the Committee. Comer of Vanderbilt Beach & Vanderbilt Drive (Water) - this is the Regatta and could be a health and safety issue. Bob Petersen will contact the proper person/persons and report back at the next meeting. I. Bench Replacements - discussed earlier. New Business: - Dick discussed the handout the members received for the evening meeting in February and is looking for ideas. - Bob Petersen handed out a sheet on the Sunshine Law Workshop to be held on January 17~ and February 3~ and urged all members that have not attended to do so. - Bob also handed out a sheet on the Liability Insurance for the Committee members and their coverage. - Bob asked that Commercial Land Maintenance cut the grasses down to the ground of which was discussed earlier in the meeting and bring back replacement ideas at the next meeting. 1611 4 VIII. X. - Carol Wright did not recall m the minutes of the last meeting where she stated there was land for sale on the East side of 41 by Veterans Park. It was BJ and not Carol that brought up the subject. Public Comments - None Adjournment - being no further business to come before the Committee the meeting was adjoumed at 4:00 PM. 5 ! ~ 161! VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT ORDINANCE 2001-43 Adopted July 31, 2001 "Purpose and Governing Body The MSTU was created for the purpose of: 1) Providing curbing, watering facilities, plantings and maintenance of the median strips and right-of-way edges of roadways within the MSTU; 2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; and 3) Beautification and maintenance of other public areas with the MSTU as determined by the Advisory Committee. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida" The Advisory Committee is presently made up of the following residents: Dick Lydon, Chairman Bud Martin, Vice Chairman B. J. Savard-Boyer (President, Vanderbilt Beach Property Owners) Carol Wright (President, Vanderbilt Beach and Bays) Charles Arthur Meetings are held on the first Thursday of each month and are open to the public and subject to the rules of the Florida Sunshine Law. The Advisory Committee feels that the following information should be submitted in order that all involved taxpayers can more fully informed. It is hoped that the Questions and Answers below will be helpful to all residents of the MSTU. Question 1: What is an MSTU? The MSTU (municipal services taxing unit) is a special assessment district that allows assessments to be levied for specific special purposes within a defined geographic area. Vanderbilt Beach Road bound our area on the south on the east by Vanderbilt Drive, on the north by the Cocohatchee River and on the west by the Gulf of Mexico. Question 2: Why do we need MSTU's? Why won't the County pay for the improvements out of ad valorem taxes? Collier County is currently facing deficits in infrastructure improvements such as roads, parks, water, sewer, solid waste, and drainage, required by the Comprehensive Plan and does not have the funds available to undertake improvements for specific neighborhoods. Further the County has adopted a policy of requiring other areas of the County to pay for specific improvement such as landscaping and lighting and are presently studying the use of a county- wide MSTU for this purpose. Should such a countywide plan become effective our MSTU would not be impacted insuring that the money collected in Vanderbilt Beach would remain in Vanderbilt Beach. Seven MSTU's now exist and more are planned in the near future. Question 4: May MSTU funds be for purposes not than stated above? No! Funds may be used only for those specific purposes. All MSTU funds stay in Vanderbilt Beach. Question 5: How much valuation revenue and budget does the MSTU generate? The 2000 assessed valuations for the MSTU areas total $1,834,600.00. Question 6: Please provide examples of assessment? The 2002 assessment was set at ½ mill resulting in tax of $50.00 per $100,000.00 of assessed valuation. Question 7: How do proposed assessments translate into budgets for each District? The income to the MSTU in 2003 will be $917,000.00. The budget submitted by the Advisory Committee for fiscal year 2003 (ending September 30) will produce a reserve of $602,000.00. Projects presently being considered are lighting, sidewalk additions and repairs, a cull-du-sac at Bluebill Avenue and Gulf Shore Drive among others. Question 8: How are priorities for capitol improvements determined? The Advisory Committee is charged with determining these priorities based on the desires of the residents. Residents are presently represented by the presidents of the Vanderbilt Beach Property Owners Association and the Vanderbilt Beach and Bays. Constructive suggestions should be made through these associations for consideration. Question 9: When does the tax "sunset"? There is no provision in the ordinance for a "sunset" however the Advisory Committee is charged with the responsibility of setting the budget and can reduce the mill rate or even decide to collect no tax for a given year dependent on requirements. The mill rate may not be higher than ½ without a referendum. Question 10: What about maintenance? 1611 Maintenance must be paid out of MSTU budgets. The Advisory Board determines the level of maintenance. Generally the level and cost of maintenance as a percentage of the budget for the landscaping and beautification will increase as plantings and installation occur because there is more to maintain. Maintenance costs (if installed) will show less change over the life of the district. Question 11: Will one area of the community be favored over the other? No, the dollar value of improvements of each area of the district, such as Gulfshore Drive to Vanderbilt Drive is roughly equal though types of treatments differ between roads. For instance, Vanderbilt Drive is an "edging treatment - west side of Vanderbilt Drive only, while Gulfshore Drive is a "both sides" treatment. Question 12: Will lighting be installed? The February joint meeting of Vanderbilt Beach Property Owners and Vanderbilt Beach and Bays is offered as an opportunity for residents to evaluate the need for and type of lighting to be considered. Respectfully submitted, Richard E. (Dick) Lydon, Chairman Vanderbilt Beach MSTU ue~ 02 02 ]2:53p p.1 1611 Memorandum SE.NT VIA FACSIMII.E Date: December 2, 2002 To: Tom Welstead, Bayshore Drive MSTU Committee From: Je. ffrey A. Walker, CPCU/'~ L~irector, Risk Managem~,Jit/~ Cc: Leo Ochs. Jr., Deputy County Manager Jo-Anne Varcoe Learner, Administrative Services Administrator Re: Liability insurance Coverage for Bayshore Drive MSTU Members Pursuant to our conversation this morning, I wish to provide the information you requested concerning liability insurance coverage for committee members. The coverage afforded the County for Named Assureds extends to employees, volunteers, boards, and committees who are working under the authority of the Board of Commissioners. In the instance of the Bayshore MSTU, such coverage would extend as well. Of note, coverage is ex'tended for acts committed while acting within the course and scope of official duties. Coverage is excluded for acts that are intended to harm or which are willful and wanton. Torts such as bodily injury and property damage are covered under the General Liability coverage part with limits up to $1,000,000 per occurrence. Official acts would fall within the Errors and Omissions coverage 0art for which//mits of $5,000.000 per occurrence are purchased. The County absorbs a self-insured retention of $'f00,000 per person and $200,000 per occurrence for each ctaim I trust this information is of assistance to the committee. Please do not hesitate to contact me at 774-8906 if you have any questions. Thank you. "' 88o~,~88o8888 888 ~ o~ c0 ~ o o o oo oo ~o.°~. ~ E888888888888J 888 a ~ ~118 8 8 ~ ~ 8 8 8 8 8 8 8 8181 888 O~ll ~ ~ ~ w ~ ~0~ ~ 0 w · w .~ Zw z ~ O00-D_ ~ ~ ~ ~ w Z~ ~ c cw~~<~z°° 1611 1611 I,LI UJ Z LU LU OLU ~0000 ~0000 ~0000 0 000000 000000 O0 0 ~0 ~ Z ~ ~ X X ~ 0 m mm NOTICE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY COMMITTEES AND BOARDS RE: SUNSHINE LAW/PUBLIC RECORDS & ETHICS LAWS & .,EX PARTE DECLARATION REQUIREMENTS Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Pane Declaration Requirements to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforce Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Committee Development Services Advisory Committee Community Redevelopment Agency Advisory Board Disaster Recovery Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Committee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board MPO Subcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council' Utility Authority Vanderbilt Beach Beautification Advisor)' Committee 1611 Board of County Commissioners Planning Commission Environmental Advisory Council Affordable Housing Commission Airport Authority Bayshore/Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character/Smart Growth Committee County Government Productivity Committee 1-75/Goiden Gate Parkway Interchange Ad Hoc Cmt Forest Lakes Roadway & Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate Estates Land Trust Committee Hispanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase II MSTBU MPO Subcommittee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification A'dvisorv Committee Transportation Disadvantaged Local Coordinating Board Collier County Government Employees Two workshops have been scheduled giving board members, staff and the public an option of either of two dates to attend. The first workshop will be held on FRIDAY. JANUARY 17, 2003, from 2:30 p.m. to 4:00 p.m. The second workshop will be held on MONDAY, FEBRUARY 3, 2003, from 10:00 a.m. to 11:30 a.m. BOTH WORKSHOPS WILL BE HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUILDING (ADMINISTRATION BLDG. F), 3m> FLOOR, NAPLES. FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you are a person with a disability ~ho needs any accommodation in order to participate in these proceedings, you arc entitlcd, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamtanu Trail. Naples. Florida, 34112. 1941) 774-8380: assisted listening devices for the hearim, impaired are avadable in the Commissioners' Office. DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA February 5, 2003 3:30 p.m. 1611' I. Approval of Agenda- Minutes-January 8th, Meeting II. Staff Announcements A. Development Services Update B. Transportation Division Update C. Public Utilities Division Update III. Old Business A. Tom Masters 12/31/02 Letter (Peter Van Arsdale) V. Subcommittee Reports A. Land Development Regulation (Justin Martin) B. Construction Code (Dino Longo) C. Utility Code (Tom Masters) D. Ad Hoc Committee on Fees VI. New Business A. Spring 2003 LDC Schedule - Susan Murray B. GIS Financial Review (Barry Axelrod) C. GIS Plans for CDES (Jennifer Moser) D. Discussion of LDC 2.4.5.2 landscaping required in interior of vehicular use areas as it pertains to parking garages (Peter Van Arsdale) VII. Committee Member Comments MINUTES TRANSCRIPT OF THE MEETING OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE NAPLES, FL January 8, 2003 1611 LET IT BE REMEMBERED, that the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in regular session in Conference Room "E", 2800 Horseshoe Drive, Naples FL, with the following members present: Members: Charles M. Abbott (arrived at 4:15 PM), Dalas D. Disney, Robert L. Duane (left at 4:43 PM), Marco A. Espinar, Blair A. Foley (arrived at 3:43 PM), Dino Longo, Robert Mulhere (arrived at 3:46 PM), Justin Martin, Thomas Masters, Brian Milk, Herbert Savage, Peter Van Arsdale, Collier County: Tom Wides, Jim Delony, Ed Perico, Ed Riley, Margaret Wuerstle, Patrick White (arrived at 3:40 PM), Denny Baker, Amy Patterson, Joe Schmitt Public: Chuck Mcmanon - Golden Gate Fire Department Len Berringer- Conservancy William Silvester - Golden Gate Fire Marshall Tom Cannon - East Naples Fire Department Rob Potteiger- East Naples Fire Department Nick Biondo- East Naples Fire Department THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Conference Room "E" 2800 Horseshoe Drive Naples, FL 34104 3:30 PM 1611 Minutes January 8, 2003 The meeting was called to order at 3:30 PM. A Quorum was established. I. Approval of Agenda and the minutes of 12/4/02 -Mr. Savage moved to approve. Mr. Milk seconded it. II. The motion passed unanimously. Staff Announcements A) Transportation Division Update -There was no new information given. B) Community Development & Staff Announcements -Mr. Schmitt stated that they briefed CBIA on the proposal for the increase in fees. The public meeting is scheduled for next Wednesday at 9AM in the Development Center. They were proposing to raise the evaluation tables, the engineering and planning fees, and decrease the Permit fees. The new proposal is to not raise planning and engineering fees, raise the evaluation tables, and reduce the permitting fees. They will propose to raise planning fees by 300% in the "aggregate" and raise engineering fees by 60% in the "aggregate". -Mr. Dino noted that the proposal was a "conglomeration" of the original three options. The raise in the evaluation tables will help to overcome the shortfall, but there is an estimated $2 million dollar loss in FY03 without the planning fees being raised. This option "buys time" to review the tracking system information. -Mr. Schmitt informed the Committee that they have hired a new planner and they currently have three available positions. 1611 -Mr. Van Arsdale asked if the building fee permits would go up due to the raise in the evaluation tables. Mr. Schmitt replied that ultimately they would go up due to this. He then encouraged the members of the industry to be present at the Budget Hearings. -Mr. Van Arsdale asked when the effective date would be and what the percentage would be. Mr. Schmitt informed him that it would be effective in March and the raise would be in the "aggregate" of 22%. -Mr. Van Arsdale stated that he was confused why "the short-term fix" was to raise building fees, while doing nothing with planning fees, even though they know that they have illegally been overcharging building fees and undercharging planning fees in the past. Mr. Schmitt stated, in reference to the legality, that SDP reviews go through the Building Department as well as the Planning Department, but building is not charged. He added that they are "making a wrong more wrong", but it gives him the opportunity to quickly raise fees, without going before the Board, by raising the evaluation tables. He explained that the only two options he has is to use up the carry-over reserves or cut staff. If staff is cut, Mr. Schmitt believes it would leave them in a worse situation. The proposal will go through the Public Hearing Process, the AD-HOC Committee, and then return before DSAC for approval as a fee recommendation. C) Public Utilities Division Update -Mr. Delony, Public Utilities Administrator, stated that he brought the Annual Wastewater and Water Management Masterplan update for preliminary review and discussion. These forms make up the 20-year plan for the County. Documents were included that reviewed the impact fees and how these costs would be retired and the growth related expenditures. In the next couple weeks they will return with documentation on the user fees and rate schedules. There have been some changes since last year's Masterplan in regards to focus and meeting demand with liability. Page 2 of the information provided, gave an update of scheduling. It will go before the Productivity Committee on January 15, 2003. On January 21, 2003 the DSAC sub-committee will review the plan, CBIA will also be involved in this meeting. After these meetings, they will respond to any input for the Masterplan and then go before the BCC for a Public Workshop on February 18, 2003. This scheduling is consistence with the timing~af~) I sequence of events to last years scheduling. -Roy Anderson, Engineering Director for Public Utilities, stated that there is one Masterplan for Water and another for Wastewater. They identify projects to fill capacity for the required system and build reliability. Mr. Anderson discussed the information contained in the Committee's packets that outlined the future projects. 1) Page 12 - This was a copy of a graph that was previously sent to the committee to show the growth curve of the flow of treatment requirements over the next 20 years. It showed that in 2004 they will have an expansion of the South County Water Treatment Plant, a second expansion is planned for 2006, in 2010 there is an expansion planned for the OrangeTree area, and another expansion is planned on the southeast part of the county in 2016. 2) Slide 28 provided recommendations to develop well field sites for the County Water Treatment Facility expansion, develop well field sites for the plant in OrangeTree, improve system reliability (by adding additional wells), and provide backup capabilities. 3) Slide 30 showed that there will be a water transmission main that will go between Rattlesnake Hammock and 951, one on East Immokalee Trail, and an expansion on the pumping station on Goodlette. 4) Slide 31 discussed the expansion of the ASR from 1million gallons/day to 5million gallons/day. 5) Slide 32 discussed the expansion of the North County Facility to 24.1 million gallons/day and then to 36.6 million gallons/day will become the ultimate build out of the site. The South County reclamation facility will be expanded to 16 million gallons/day. 6) Biowater/wasterwater sludge - They are currently pursuing a private contract for someone to process all the sludge in a recycling manner. 7) Infiltration Inflow Program - The state is pressuring to take the flow out of the system. They will be doing a study to find how bad the problem really is in the North and South system. It will more than likely result in Storm Water expansion. -Tom Wides, Public Utilities Operation Director, reviewed what this means in terms of impact fees. 1) Page17 showed that current impact fee totals are $5,530; water is $2,6901 6 I and wastewater is $2,840. These totals represent what an average residential home would be paying today. The update from the new masterplan shows that water impact fees would now come out at $2,570 and the wastewater impact fee would become $2,950. The net decrease is $10. 2) Page 19 showed that these impact fees for the water and wastewater system will only fund -34% of the capital needs. The impact fees are assessed over the next ten years. He explained that this means that impact fees are not funding the entire package. 3) Page 20 showed that the cost for ERC's in the county: currently $5,530; combined water and wastewater, but this will drop to $5,520. The main question then becomes the growth of the info structure; this will be the driving force in the County. 4) Page 21: Mr. Delony pointed out that the table on this page could be used to do a comparison of our County's system to other counties in Florida. -Mr. Wides reminded the Committee that this is scheduled to go before the Sub- committee for a more in depth discussion. He encouraged members to contact him with any questions they may have. -Mr. Longo asked what "external funding sources" are used to make up the funding difference. Mr. Wides informed him that the money would be state revolving fund loans. He added that the only shared revenue sources are impact and user fees. They cannot dip into the ad valorum taxes. Mr. Longo asked if they use shared revenue sources, then are they planning to bond it now. Mr. Wides replied that the shared revenues would all go into the general fund and they will not be able to use them, so it doesn't affect them. -Mr. Delony encouraged the Committee members to contact them with any ideas or questions quickly, so they could incorporate them into the masterplan before it goes to the BCC in February. III. Old Business A) FEMA -Mr. Longo informed the Committee that the Board decided to move forward with the process. 1611 -Mr. White stated that the direction from the City Council and the Board was to continue the appeal/resolution process, begin the re-study based on the steps they have taken so far as part of the appeal process, and provide a better idea of pros and cons for a solution involving the cost of seating in the union. Mr. White did not believe they would be paying a lot of attention to this until May. In May they will have received some feedback from FEMA subcontractors about how well they are "meshing" with their request for methodology to be accepted and approved. He stated the costs to carry through the restudy process would be an estimated $75,000. The goal is to go through the restudy process before the full resolution process. -Mr. Schmitt recommended that the Committee and members of the industry should let the BCC know that the recommendation they had provided was duly and fully supported by DSAC and the CBIA. He was concerned that the BCC felt the $240,000 was not well spent, when in fact it was a tremendous investment. The net result is that they are still on a "delayed action" and the maps will not be implemented. -Mr. Savage asked about the involvement of Everglades City and Marco Island. Mr. Schmitt informed him that Marco Island was involved, but because the maps were advantageous to them, they chose not to be an adversarial member of the group. -Mr. Longo stated that the bottom line is, they are able to delay the implementation of the maps, although they will be implemented later on in the year. In the meantime the County is giving the "go ahead" for a restudy and FEMA has committed to helping the County with this restudy. The goal is to be come back with new information from the restudy and hope that this time it will be accepted. Mr. Longo reiterated that it is worth the $250,000 to keep the same person in charge of it. -Mr. Mulhere made a motion that they send a letter to the BCC stating their support of the City Council and BCC efforts in this regard. Mr. Savage seconded it. The motion passed unanimously. IV. Sub-Committee Reports A) 1611 Land Development Regulation -Mr. Duane stated that they did not have a report for this meeting. -Mr. Duane asked staff if there was another committee that was formed to review the LDC and its revisions. Mr. White informed him that their consultant is primarily doing the LDC revisions. He encouraged anyone to participate in this process, if they had an interest. Mr. Mulhere stated that he had sat in on a preliminary meeting and would like to participate more. Mr. White stated that the discussions are not formal meetings, but electronic meetings. He added that if anyone wanted to become part of the discussion, they should provide their email. Mr. White updated the Committee and explained that the revisions were an attempt to make the LDC more concise, consistent, and shorter. They are attempting to place the LDC on an electronic website and have provide the ability to view the code and its updates on the website. -Mr. Van Arsdale encouraged anyone who might have comments or suggests, speak with Mr. White. B) Construction Code & Ad-Hoc Committee -Mr. Longo stated that Mr. Schmitt had presented the proposed planning and evaluation table increases before the AD-HOC Committee. -Mr. Longo stated that he and David Ellis would be going before the Florida Homebuilders Association & Governmental Affairs Committee on Friday to make presentations on Workman's Compensation and the Real Estate transfer fee. A representative from Goodlette informed Mr. Longo that there was a good chance the Real Estate transfer fee would happen this year if there were County support. He added that this was another tool, other than impact fees, that is bondable and could help to fund info structure. C)- Utility Code -Mr. Martin informed the Committee that they had a Utilities Sub-Committee meeting in December. The minutes of that meeting were provided to the Committee. For the next meeting he will have a draft of the proposed changes to the utilities ordinance and the techno-standards manual. The Sub-Committee 1611 also discussed scheduling. In the January meeting, they will be discussing the masterplan update; new impact fees, schedules, and the proposed language for requiring telemetry at sewage pump stations within Collier County. Review and Approval of the Interlocal Agreement with Collier County and the Fire Districts -Rob Potteiger, Assistant Chief of East Naples Fire Department, stated that they have taken the old interlocal that was with North Naples and voted, through the steering Committee and all the Departments, to have the East Naples Department Administer the Fire Code. Because the office has grown to five people they have made some changes. The changes were underlined or stricken out in the copy provided to the Committee. He believed that the changes that were made were positive and added that all the changes were made through the steering Committee with the help of the Fire Interpreter's Office. The changes have been approved with all departments involved in the interlocal except the county's two independent district and the North Naples Department, who will have their meeting tomorrow. -Mr. Longo asked if North Naples had to approve this. Mr. Potteiger stated that they did since they are part of the interlocal and their monies go to support it. If North Naples did not approve it, then it would have to be re-written to take out the North Naples Department. Ms. Rodial, North Naples Fire District, stated that she does not foresee any problems with their approval of this. -Mr. Longo asked if the County Attorney had seen the document. Ms. Rodial stated that Robert Zachary has been working on the document since the beginning. -Mr. Longo asked how the transfer of funds would be happening. Ms. Rodial informed him that it will happen through the Interlocal Agreement, but it has not happened yet. They are waiting until this goes before the BCC in January. -Mr. Foley asked why the language was changed on page 3, #5. Mr. Potteiger stated that sentence, "The fire district may within 10 working days after receipt of the plan will notify the fire code official of any objections or comments the fire districts may have in regards to review or modifications of the plan" was changed because the three days was not enough time. 1611 -Mr. Longo asked what the average turn around period was. Mr. Riley stated that currently it is around the lO-day mark due to backlog, but in November it was around the 5-day mark. -Mr. Mulhere stated that he did not have a problem with the 10 days, but he was concerned about the change of language from "shall" to "may", which may allow too much time to pass. Mr. Potteiger stated that they could add a sentence to prevent this from happening. -Mr. Longo asked that these documents be reviewed with the Sub-Committee first, and then return with their recommendation to the full Committee. Mr. Mulhere replied that they need to do it this way in order to accommodate the timeframe, since the fire document will go before the BCC on January 28, 2003. Mr. Mcmanon stated that they had emailed the document to all the members of the DSAC two weeks ago in order to allow time for review. Mr. Longo replied that if it had been sent, he agreed that it was an adequate amount of time for review. -Mr. Abbott made a motion to send this document to the Sub-Committee for review and vote on it after this has happened. Mr. Savage seconded the motion. The motion failed. -Mr. Masters asked why the reviewer was not an employee of the Development Services Department as opposed to being located through one of the Fire Departments. Mr. Potteiger replied that the Fire Districts decided that they wanted one of their own people dealing with this. Mr. Riley stated that this is allowed through the state statutes and these statutes separate building Code Administration and Fire Code Administration. He added that the Fire Districts maintain responsibility and because of this, they want to maintain oversight of the office. -Mr. Savage was concerned that there have been too many interpretations in the past and he was under the impression that the 202 code solved this problem. Mr. Potteiger replied that part of this office was to serve the purpose of having one interpretation. -Mr. Espinar was concerned about the same change Mr. Foley had been concerned about on Page 3 #5. He was uncomfortable with the word "may", because he believed it would allow redundant inspections. Mr. Riley stated that this was in the document because some times there is an agreement made with 1611 the Fire District and they do not have this information. Therefore this statement allows the Fire District to come back and inform the county of any historical agreements on the site. Mr. Espinar stated that the problem was that an applicant could obtain approval and then find out two weeks later that it is no longer acceptable. He felt that 3 days was sufficient and the wording should be changed to read, "shall" instead of "may". Mr. Riley replied that it is not always possible to have the review complete in 3 days and they used "may" because it leaves the Fire District the "option" for review. -Mr. Silvester, Golden Gate Fire Department, stated that the quality of reviews has increased dramatically over the past few years, so if something comes back to them in these 10 days it is normally a minor issue. He added that this allows them to address these issues through the plan review. -Mr. White suggested that they amend the language to read, "The fire will, to the extent possible, within ten working days after the receipt of the plan, notify the fire districts...". Mr. Potteiger stated that they had no problem with this. Mr. Foley stated that this was the current language being used and there were no problems with this. He added that 10 days is appropriate, but he wanted the "may" changed to "shall". Mr. Van Arsdale stated that he was fine with the language that Mr. White suggested. -Mr. Espinar stated that he had concerns about them having 10 days "upon receipt of the plan", because he believes that it would have the ability to sit on someone's desk for a while before it is received by the Fire District, which will make the process longer than 10 days. Mr. Riley didn't feel this would pose a problem. -Mr. Biondo stated that one of the important points is that they are trying to establish a system of checks and balances. He added that despite when an error is found, it still must be corrected. This system would allow the option of having two reviews, so that they have the ability to find any errors before the building is built. Mr. White added that if a problem arises, despite the timeframe, they are still required to fix the error. He believed that this system would allow the error to possibly be caught at an earlier time. -Mr. Van Arsdale recommended that they used the language earlier proposed by Mr. White. 1611 -Mr. Mulhere made a motion to recommend approval of the revised Interlocal Agreement, with the change to page 3 #5 so that it reads: "The fire district shall, to the extent possible, within 10 working days...". The motion was seconded. -Mr. Foley stated that on page 1 they need to include the language of the uniform building code. Mr. Mulhere amended his motion to include this change. The second was amended as well. -Mr. Longo stated that they are voting on this without the full review from the County Attorney's Office. Mr. Mulhere amended his motion to include that the motion is subject to further review if the County Attorney's Office determined any needs for change. The second was amended as well. -Mr. Van ^rsdale stated that on page 2, he preferred the original language, which referred to the fire marshals duties and responsibilities. He felt that it eliminate the concept of striving for consistency in reviews and interpretations. He asked why this language had been removed. Mr. White stated that the language is in the agreement on page 9 #5 at the top, where it discusses the conflict in code interpretation. This section elaborated the mechanism in place to resolve conflicts when they arise. -The Fire Districts discussed with the Committee their attempts to be consistent and the improvements they have made. Ms. Rodian added that Mr. White pointed out the method that they placed in the document to help resolve inconsistencies. She also encouraged Committee members to come to the steering Committee and feel free to bring up these issues for discussion. -Mr. Longo asked which Interlocal Agreement the motion was made for. Mr. Mulhere stated it was the one for the County and the Fire Districts. -The motion was recalled. The motion passed unanimously. VI. Committee Member Comments -Mr. Mulhere stated that he would like to know who is sitting on which committees. He asked that this be put on the next agenda. Mr. Van Arsdale stated they would put it on the agenda and asked the Committee members to submit any request to serve or leave a committee to Ana Diaz. VII. -Mr. Masters passed out a letter that addressed how he believed they could pull the fire review back into the County office and make the system more efficient. The Committee is going to review the document in the future. -Mr. Van Arsdale stated that he would like a formal process established to bring up more specific comments, suggestions, etc.., on new issues. Mr. Mulhere suggested that they place an item on the agenda called "Operational Issues". He added that when it is heard, the Committee could decide what type of action they want to use in order to address it; send it to the Sub-Committee, bring it back before the full Committee for more discussion, etc.. Mr. Longer stated that they could address these issues under the item "New Business". Mr. Mulhere agreed. Adjournment - adjournment was at 5:27 PM. 611 BUILDING S TA TIS TICS 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 1611 1611 COLLAR COUNTY GOVERNMENT 1611 Pelican Bay Services Division 801/urel Oak Drive · Suite 605 ° Naples, Florida 34108 o~ .7{~.~' Fax (239) 597-4502 Hennin~ ..... Coletta ~ "' NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, FEBRUARY 5, 2003 at 3:00 P.M. AGENDA 1. Roll Call 2. Approval of the Minutes of the January 9, 2003 Regular Meeting 3. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Seagate Culverts Beach Renourishment Project 6. Administrator's Report Capital Projects U.S. 41 Berm Irrigation & Landscape Improvements U.S. 41 Median Landscaping Bid Review Tram Pass Berm Landscape Improvements Community Issues Sidewalk Overlays and Repairs Beach Raking Program Pelican Bay Services Division Board Member Election Timetable Committee Requests Financial Statement Review Audience Participation Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO' THE MEETING. 8. 9. 10. C MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING January 9, 2003 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, January 9, 2003 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Lou Vlasho (Chairman) Mr. Joseph Bawduniak Mr. Thomas Brown Mr. James Burke Mr. James Carroll Mr. John Domenie Mr. Glen Harrell Mr. David Roellig Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Approximately one hundred sixty-five (165) Pelican Bay residents; Mr. Dwight Brock, Collier County Clerk of Courts; Mr. Jay Cross, Executive Assistant to the Clerk of Courts; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the December 4, 2002 Regular Meeting 3. Discussion of the Amendment to Pelican Bay Municipal Service Taxing and Benefit Unit Ordinance 2002-27 4. Discussion regarding the use of Ad Valorem Taxes versus a Special Assessment based on Equivalent Residential Unit (ERU) in paying for the services provided by the Pelican Bay Services Division 5. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Interior Channel Mapping Seagate Culverts Beach Renourishment Project 6. Administrator's Report Capital Projects U.S. 41 Berm Irrigation & Landscape Improvements U.S. 41 Median Landscaping Bid Review Community Issues Sidewalk Overlays and Repairs Crosswalks Pelican Bay Services Division Board Member Election Timetable Contract Manager Services Sunshine Law/Ethics/Public Records Workshop Presentation Discussion of Cap d'Antibes Plans 7. Committee Requests Foundation Survey - James Carroll Division of Responsibilities - James Carroll 8. Financial Statement Review 9. Audience Participation 5O89 Pelican Bay Services Division Board January 9, 2003 10. Adjourn ROLL CALL Mr. Vlasho called the meeting to order and asked that the record show all members present. Mr. Vlasho stated, "Today's Agenda contains a number of issues and we are going to follow the Agenda sequence as published, with one minor modification". We will take up all of the activities of the new member election procedure at one time, which had been separated on our Agenda. Mr. Donald Spanier stated, "1 am addressing you as Chairman of the Community Affairs Committee of the Pelican Bay Property Owners Association". Mr. Vlasho replied, "1 choose not to recognize you at this time, but I will recognize you at the appropriate time". I am not being obstinate, but we do have an agenda and I think you ought to listen to it. You are out of order, and you are not recognized. APPROVAL OF THE MINUTES OF THE DECEMBER 4~ 2002 REGULAR MEETINC Dr. Ted Raja - Page 5081 - Line 14, "aerial photo" should be changed to read "footprint". Dr. Ted Raja - Page 5082 - Line 5, "when you change setbacks" should be changed to read, "when you have parcel line setbacks" Dr. Ted Raia - Page 5083 - Delete next to last sentence on page. IMr. Carroll moved, seconded by Mr. Bawduniak and I~ approved unanimously the Minutes of the December 4, 2002 I~ regular Meeting, subject to the above changes. Mr. Vtasho stated, "Mr. Spanier I will recognize you now". Mr. Donald Spanier stated, "1 would like to make a brief statement on behalf of many of the people in this room". I believe that a preponderance of the people in attendance today are here because of the active work done during the past two weeks by the Community Affairs Committee. I have also spoken informally to at least one member of your Board regarding the concern and anger that has been expressed to the Community Affairs Committee regarding certain aspects of the way in which the landscaping of the berm has moved forward. The reply I received, speaking for himself and not for the Board, was that nobody in this community really 5090 Pelican Bay Services Division Board January 9, 2003 1611 cared and it would be impossible to get five people into this chamber. I replied to him that the problem is one of a lack of outreach. There is great interest in this community, even in as minor a project as the expenditure of $1,000,000.00, to do a series of beautification improvements that many think are not beautiful and to which they do not believe they have had the opportunity to contribute. I simply say to the members of this Board, my hope would be to join you at the next election and that it is possible, feasible and indeed imperative that this Board find a means to ferret out the grains of wheat from the shaft, to present them to leaders of the community and to enter into a dialog and not a confrontation. There is no reason to be frightened when one hundred (100) people show up before your Board. It is because we seek a desire to have discourse. Mr. Spanier continued, "Having said that, let me go to the specifics of my particular concern and the concern of many of these people, which is the landscaping and beautification of the berm". As far as we can tell by re-examination of the Adopted Budget, we find that $1,000,000.00 of our money has been committed to a project that is identified as beautification and improvement of the berm separating the high rises from the mangrove area. In addition to that, there has been a pilot planting of sort done at the north end of the berm, which in context would have been a good idea if anyone knew that it was a pilot planting inviting comment. We have over five hundred (500) signatures on petitions that we circulated in a hastily organized, unscientific polling, that showed that those five hundred (500) people would prefer a totally different approach to the landscaping and indeed would probably not put as their highest priority, the expenditure of $1,000,000.00 and the incurring of an additional $25,000-$30,000 maintenance fees into that particular project. There are four key points just to summarize this issue. One point is the cost and upkeep of this particular project, which appears to us to be a lot of money. It may not appear like a lot of money to some members of this Board, but $1,000,000.00 to those of us who pay other assessments, fees, taxes and levies, particularly at this time when many people have lost a great deal of money, is greediness. Second is the issue of appearance. There are very strongly held views, that can be polled and determined, that believe that the remnant of the original and natural wetlands environment has shrunk almost to 5091 Pelican Bay Services Division Board January 9, 2003 zero and they feel that for their money and their taste, they would prefer to see a natural treatment of that three and one-half miles that emphasizes the fact that it is not part of a formal landscaped garden or an avenue of palms, but rather a remnant of the natural environment. I am not advocating that, I am simply reporting to you that there are many caring, passionate people who feel strongly on this issue and there has not been effective consultation, between the Pelican Bay Services Division and the easily organized public on conceptual plans, what the preferences would be and how those of us who pay for these things feels about the appearance, the aesthetics and costs. That my friends is the essence of what I have to say and the focus is more communication before the fact and you will find that you have thousands of allies and no enemies to confront you. Mr. Vlasho replied, "First of all, that item is not on our Agenda for this meeting and I am not sure that it will be on our Agenda in February or March". The plans are being developed and this Board does not know what is being contemplated at this time. We have had some preliminary discussions and we have given staff some general guidelines, but we have not gone through the discussions ourselves at this point. We have not committed $1,000,000.00 of our funds. We have budgeted an amount that we thought might cover the most grandiose plan. There have been no commitments made; only a budget and a budget does not commit us to anything. We wanted to look at that project and then we would determine if and what would be done and what the costs would be. As far as the pilot project, it has been up for well over one year and we have not solicited comments. We have gotten comments to the point that your Board took action and all of the comments that we have received to that time, albeit there were not hundreds of them, were all favorable. A member of the audience stated that the comments have all been that you should not do that. Mr. Vlasho replied, "1 understand that and that is how you get things done". You discuss them and you have your pros and cons. I tell you that the comments that came in were favorable and I have no reason to lie to you. As far as the communications, it is obvious that we have not done the kind of job that we should do because it has been amusing to me how everyone, except 5O92 Pelican Bay Services Division Board January 9, 2003 1611 this Board, has known what we are going to do. I have been somewhat amused at that and I have received several phone calls and in all of those calls I have said the same thing, "1 have no idea what we are going to do". When the plans have been presented we will make every effort to include whoever in the Community wants to be involved, because we should be pleased when we get one hundred (100) people in a room. Quite often we get people in the room because there is a misunderstanding and a feeling that the people who are involved in the Board, who are volunteers and don't get paid for this, have some subversive action and they want to do things without telling people, which is the farthest thing from the truth. I will be on this Board for approximately another two months, but whoever is here when that decision is made will listen to the residents and then they will make the commitment based on what they hear and the fact that they have been appointed to serve you and the Board of Collier County Commissioners. With that said, I welcome you all back when it is on the Agenda and we will provide you plenty of notice. At the Pelican Bay Services Division Board Meeting to be held on February 5, 2003 at 3:00 P.M., will be the first time this Board has any indication of what is being proposed and I have not seen it myself. In addition to that, although I may not be the Chairman of the Committee at that time, I would strongly recommend, to the Board and the new members that come on board, that they make whatever community presentations that are required so that everyone first understands what is being proposed and second, has the opportunity to comment. Mr. Bawduniak stated, "Thank you for coming and I would hope that you stay because we have some very interesting topics coming up on the Agenda". What you heard concerning the test plot is that about eighteen months ago this Board had two successive meetings about the spending of excessive funds. One of the things we realized was that if there is a potential big project that can be done in a test mode, we took a look at a small sample with a limited investment because there are no guarantees with some of the plants, growths and flushing that we have in the mangroves. This test plot is one of the first examples of taking a small, inexpensive peek at what may happen. I hope you appreciate that this represents a conservative move and the business of $1,000,000.00 is not really $1,000,000.00 and the amount in the budget this year is a lot less than that and has not yet been seriously considered. 5O93 Pelican Bay Services Division Board January 9, 2003 1611" Mr. Burke asked, "Will the landscape plans be brought before us at the February 5th meeting"? Mr. Vlasho stated, "That is what Mr. Ward has said to us". Mr. Burke asked, ''Will we vote to decide to proceed with it at that time"? Mr. Vlasho replied, "1 would assume that we would decide what we are going to do at the February 5th meeting, whether it is to move forward, shelve it, hold public meetings, etc.". Mr. Carroll stated, "It appears to me that it might be assuming way too much that we will hear this presentation and be able to wrap it up at one meeting". It is a complicated issue and I don't think we ought to raise the expectation that we are going to have an answer in thirty (30) days Mr. Vlasho replied, "1 was implying that in thirty (30) days we will begin to know what the next step is". Mr. Spanier stated, "Part of our program in the Community Affairs Committee of the Pelican Bay Property Owners Association is to organize and conduct a series of town meetings that are informational meetings". The first one, which will present a forum for those who have come forward with applications for appointment to your Board, has been scheduled for January 22, 2003. I would like to offer to you that through the auspices of the Community Affairs Committee and the Association, we organize a town meeting in February and place this issue before the public. I will assure you that will gather hundreds of people for a projection of the concept of the landscaping of the berm and we will feed back to you, in a systematic fashion, the input that sample of the community wishes you to consider. Mr. Vlasho replied, "Thank you for the offer, but my only comment is that if I agreed to that, then I would be saying that this Board cannot engage the community in discussion". I would think that this Board can handle it on their own and they should, whether I am here or not. DISCUSSION OF THE AMENDMENT TO PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ORDINANCE 2002-27 Mr. Ward explained, "As directed of me at the last meeting, I prepared an Amendment to your Ordinance regarding the Registry Resort votes in this upcoming election". I drafted some 5094 Pelican Bay Services Division Board January 9, 2003 1611 language, which I know held concerns from Mr. Brock and Mr. Weigel. We have put this back on your Agenda at the request of Mr. Brock through his discussions with Mr. Carroll. Mr. Brock wanted to tell you specifically what his concerns are with respect to this issue and how we might be able to at least get past it for this first election and then deal with it in the future. Mr. Bawduniak stated, "Mr. Ward you have to tell the audience the background of this issue in ten words or less, they don't know". Mr. Ward replied, "The way the current Ordinance is written, the Registry Resort, because it is a condominium, a declaration of condominium under Florida Law would vote as a residential interest under the Ordinance as opposed to Waterside Shops or the Ritz Carlton, which are commercial projects under the Law and would vote for the commercial interests on this Board. Since the Registry Resort has declared 473 condominium units, it would get 473 votes in the upcoming election, which would be counted as residential. That has been the issue. I hear the moaning and groaning, but I believe Mr. Brock has a good solution for this first election. Mr. Carroll stated, "Mr. Brock, so that you know what we have circulated amongst the Board, I provided a Memorandum saying that you had provided a short and long term solution to this issue". The short-term solution is being tied into the time available. Mr. Brock stated, "A history of the Ordinance you are operating under now is that a year or so ago there was an issue that came up about changing the MSTBU and dealing with another way of trying to do the governance in Pelican Bay. The Board of County Commissioner's actually passed an Ordinance to change that and there was a meeting that took place at the Registry Resort. As a consequence of that meeting, there were meetings and interactions with the people of Pelican Bay and all of the parties seemed to come together. The solution we came up with, and all I was trying to do was to try to mediate to something that everyone could agree to, was that we would try to provide the community input into the people that sit on this Board. Through the form of government known as a Municipal Services Taxing and Benefit Unit, by definition in Florida Law, the governing body is in fact the Board of County Commissioners. You can't change that, so they have the ultimate authority. This Board is an Advisory Committee for the Board of County Commissioners for that particular MSTBU. The mechanism that we came up with giving 5095 Pelican Bay Services Division Board January 9, 2003 1611 the community input in that process is basically a query of the community through a form of, and I am using this term very loosely because it is not really an election, but an election that would be sent out to all property owners. In doing that, I was looking for a mechanism to identify the property owners that was very inexpensive. The solution was that I would go to the Property Appraiser's records, only to my chagrin and discovering that the Registry Resort is listed in the records of the Property Appraiser, whether by law or some other means, as residential. That is because when it was developed it was developed as a condominium and individually owned, even though eventually one person bought the majority of the units. The Registry Resort ends up with the ability to cast 473 votes in this popularity contest that we will be going through, for residential members of this Board. The good thing about that is that the Ordinance reserves unto the Board of County Commissioners absolute discretion as to whom they appoint to sit as members of this Board. We could go through this process and in fact the Board of County Commissioners, because of the statutory scheme set up by the Florida Legislature for an MSTBU, could appoint whomever they wanted to. They just agreed not to do that. If we go through the process, I can identify all 473 votes that belong to the Registry Resort and I can tell the Board of County Commissioners how all 473 votes were voted and they can do what they choose with that information. The Board of County Commissioners can decide to treat it as a non-vote because the three positions open are residential positions, or they can do whatever else they may choose with regard to the appointment of people to the three positions that are coming available. Mr. Brock continued, "Sometime back I received a proposed change to the Ordinance that created the process that exists today, a document that I was very instrumental in creating". When I read it, I thought, "wow", we don't have time to give the community the input into the process that we gave the last time and avoid the problems that crept up. We can deal with a solution on the short term through the process that I have just gone through with you that I will identify to the Board those 473 votes that belong to the Registry Resort. Since there are no business positions available, the Board can take that into consideration and that will deal with the issue regarding those 473 votes. We will go through public inquiry; we will go through meetings 5O96 Pelican Bay Services Division Board January 9, 2003 1611 to make sure that we don't end up with the problems that we ended up with the last time. In dealing with government I have learned that you have a tendency to be able to do almost anything, as long as you provide the opportunity for input. As long as you give them an opportunity to address and respond to the issues, you will be able to resolve the issues that you are confronted with in a manner that is amenable to nearly everyone. I wanted to avoid the scenario that we had the last time, at all costs. Immediately upon conclusion of this process, I will then engage in discourse with the community to try to make sure that we do not run into any problems. I have some legal problems that could potentially creep into it that we would have to address and I don't want to be doing anything without it being brought to the public in a very open way. A lot of time has been spent in trying to bring this community back together and to dissolve some of the problems of what first appeared to be tearing it apart. I don't think we are there anymore and I don't want to go back. Mr. Vlasho stated, "1 do not want to open this to questions because we are on an issue now". We will give them the facts on the issue and you are making a recommendation to us. Mr. Brock replied, "Okay, this is your Board not mine and I am not making a recommendation to you at all". I am simply telling you and the people that queried me as to what transpired and how this whole process took place. Mr. Vlasho asked, "Are you in agreement with the Memorandum that was distributed to us by Mr. Carroll"? Mr. Brock replied, "1 have never seen the Memorandum". Mr. Carroll stated, "It is just a report of our conversation". Mr. Vlasho stated, "The Memorandum states the short term solution that was just presented by Mr. Brock in identifying the 473 votes and after that we would get together and look at a more permanent solution". Mr. Roellig asked, "Do we know how many candidates have applied"? Mr. Brock replied, "Yes, I was going to move to that issue". Everyone has to understand that one of the things that you are confronted with in changing this Ordinance is some potential legal issue that might creep in and that I am absolutely not going to step into. I am going to avoid 5O97 Pelican Bay Services Division Board January 9, 2003 1611 the problems associated with that at all costs. Understand, I don't pass the Ordinances. The Clerk of the Circuit Court does not pass Ordinances in this community. I am a ministerial officer. The Board of County Commissioners is who passes ordinances. If you want to do anything to the Ordinance, as it exists today, go to your Board of County Commissioners and ask them to change it. My only role in this entire process was to try to get everybody in the community that I knew as Pelican Bay proper and try to create some harmony in an environment that was not in harmony at that point in time. I did this at the request of a County Commissioner to try to eliminate some of the problems that were going on in this community. That was my only role and is not my statutory function and is not the function the law requires of a Clerk of the Circuit Court. I have nothing to do with the passage or Amendment of an Ordinance. The Board of County Commissioners handles the passage and amendment of ordinances in this County. Mr. Vlasho stated, "Mr. B~'ock, thank you for the work and effort that you went through, we appreciate it very much". Mr. Brock asked, "Do you want to talk about the applicants that have applied for the Board positions"? Mr. Vlasho replied, "No, I was going to allow Mr. Ward to do that". Mr. Carroll stated, "1 would like to reassure all of you that this Board feels very strongly that the 473 votes from the Registry Resort should be commercial and not residential votes". Mr. Brock has given us a solution for the short term and the solution is to identify the 473 votes when he passes the recommendations of the final results to the Board of County Commissioners. The shod term solution should not be a problem and the longer term solution, as I see it, is that we want this corrected so that the Registry votes do not appear as residential and we have one person voting 473 times. I think you should be reassured that this Board will pursue this with the help of Mr. Brock and rest assured we will get this resolved somehow in the future. Mr. Brock's concern around making significant alterations to the Ordinance is well founded. This Ordinance took a lot of work, it was approved last June and is a good basis from which we operate, but we have this one blip we did not pick up before hand and so we are stuck with having to find a solution after the fact, but we will do that. 5098 Pelican Bay Services Division Board January 9, 2003 161] Mr. Harrell explained, "There is no one in this room that wants the Registry to vote for residential people, even the Registry". No one knew until they went to cast their votes and they called me to tell me they had 473 pieces of paper and asked me what to do with them? I told them to sign every one of them, so one person signed each slip and it was not until they were tallied that we realized it was residential. The Registry does not want to vote for residential people and unfortunately the lawyers are involved now and once legality starts getting into the situation it is harder to fix it in legal terms than it is to fix it in reality. Mr. Bawduniak stated, "The reason 473 is so significant is because you don't vote". When there was a return from the Board of County Commissioners less than a year ago, 1,640 votes were returned, which is not a big number for Pelican Bay, considering the numbers who are eligible to vote. When Mr. Cross made the presentation we saw 1,640 votes and with 473 of those votes coming from one person, that is not the democratic process. At that time we became very concerned and what Mr. Brock has just told you is that the County Commissioners have to make this call, so it may not be a bad idea for you to share your opinions with the County Commissioners that we do not want one individual throwing such a weight in the voting block, or else get everyone out to vote or it doesn't mean much. A member of the audience asked, "Would the Registry agree not to vote"? Would they waive this right? Mr. Harrell stated, "The Registry's concern is the same as everybody's and that is their taxes". It has nothing to do with voting, they do not know what it would do to affect the taxes and they are very afraid to do anything like that. Mr. Sutphin stated, "There is enough concern about the 473 votes from the Registry and I believe it is being over dramatized because the ballot is not secret". The Clerk has the ability to analyze and segment those votes any way he sees fit to present it to the County Commissioners in a way that makes the most sense to them. It is their decision and they can abide by the results of the balloting or they can choose to ignore it. I would like to think that since we elected them, they have the sense to understand what that block of votes represents. I think this is the 5099 Pelican Bay Services Division Board January 9, 2003 "tempest from the teapot". It would be nice if someday we would change the Ordinance, but I don't see it as a problem. Mr. Vlasho asked, "Mr. Ward would you provide us the election timetable and who the candidates are or do you want Mr. Brock to do that"? Mr. Ward replied, "1 believe Mr. Brock should do that". Mr. Brock stated, "Everyone has to understand the Clerk does not make these decisions". The Board of County Commissioners has an Agenda Item on their January 28th Agenda to determine the ballot date. That is the date the ballots will be counted. That is the date that starts the process of this election. What will take place at that point in time is that we will send out a questionnaire with the four candidates that have thrown their names into the hat for the three positions on the Board. The four candidates are Mr. Donald Spanier, Mr. John laizzo, Mr. David Nordhuff and Dr. Theodore Raia, Jr. The questionnaire will go out and if the Board passes the agenda item as it is presently drafted, the reporting has to take place by March 7th. That doesn't mean you have to have it postmarked by March 7th, it means that it has to be in my hands by the close of business on Friday, March 7th. The following Monday the ballots will be opened and counted. The ballots will be mailed as soon as the Board of County Commissioners provides me the dates. We are in the process of developing the ballots and getting ready to mail them and they should be out thirty (30) days prior to the date they have to be returned. Mr. Spanier stated, "1 would like to point out that there is a certain amount of incredibility to this process, in spite of your good intentions". I say that because last Tuesday, when you appeared before two hundred of our men, was the closing date for applications to be filed or hand delivered to the County office. Among those two hundred men, I would warrant you that there were not five who knew there was any sort of a process that was terminating that day, until you and I emphasized it. The reason that there is going to be an election is that I choose to have an election and delivered an application so that three men would not be automatically appointed to the three vacancies. The election process is in question. It requires outreach and promotion from whomever, between yourself and this Board, is responsible for the fact that no one really 5100 Pelican Bay Services Division Board January 9, 2003 161 knew that application process. I am very concerned that we will get more than 1,600 votes without promotion. Mr. Vlasho stated, "Thank you". We have a long agenda, the procedure is in place, you have explained it to everyone rather nicely and if it has deficiencies we can work toward rectifying them in the future. DISCUSSION REGARDING THE USE OF AD VALOREM TAXES VERSUS A SPECI~,I ASSESSMENT BASED ON EQUIVALENT RESIDENTIAL UNIT (ERU) IN PAYING FOR THF SERVICES PROVIDED BY THE PELICAN BAY SERVICES DIVISION Mr. Ward explained, "The Pelican Bay Services Division currently collects revenue for the services that it provides to the residents based on two separate methods. First is what we call an ad valorem tax and means that we levy a millage rate on all property within Pelican Bay for specific services. In addition to that, we levy what we call a non-ad valorem assessment and that means that there is an assessment on all property within Pelican Bay for all of the services and it is generally uniform on all property, irrespective of the value of your property. For most of the services in Pelican Bay we levy what we call a non-ad valorem assessment. Mr. Ward continued, "1 will go through and tell you the services we provide". We provide Water Management, Community Beautification, the Clam Bay Restoration Fund, what we call our uninsured assets, our other capital fund, Streetlights and Security. The Security Program is the Collier County Sheriff's Office providing a full-time deputy in Pelican Bay, 365 days a year. The Security and Streetlights Programs. are paid for, by the residents, based on an ad valorem tax with a millage rate. All of the other services that are provided to the community are based upon a fixed assessment that you pay, which is approximately $293.00 per unit per year. The question has come up before the Board as to whether or not we ought to look at revising our method of charging residents for the services that we provide to you, either through the use of ad valorem taxes or a non-ad valorem assessment, My staff has prepared a Memorandum, which essentially outlines the changes that would occur in the event that you chose to go from a non-ad valorem assessment to an ad valorem tax and specifically the specific reasons that we use each. An ad valorem tax is used in local government, as it is throughout the Country, and is generally considered a tax that is levied based upon a service that is provided to people, not property. 5101 Pelican Bay Services Division Board January 9, 2003 1611 Generally what you see is Florida is that when local governments, whether they are counties or municipal agencies, a majority of the services that they provide to you are people based such as police, fire and EMS. In addition to that, most local governments in Florida levy a series of Franchise Fees and Utilities Taxes and Communication Services Taxes on different services that are provided to you through other providers, whether they be Florida Power & Light or the local cable company, and those are taxes that are levied on those specific services that you, as either residents or commercial interests, pay to those providers. That additional revenue goes back to the local governments in this State. They are collected through the State whether they are Sales Tax, Gas Tax and we used to have Cigarette and Alcohol Taxes. Subsets of local government like an MSTBU can provide services differently than through the use of an ad valorem tax and generally they are set up as discreet specific areas within a county or within a city that is intended to provide a specific service to a specific area that is not generic to the whole municipal government. In Pelican Bay we have established, by Ordinance, what is called an MSTBU and under the laws of this State you have the ability to levy non-ad valorem assessments and those are property based assessments, which means that for the services that are provided to you there is a benefit that essentially accrues to your property from the imposition of that assessment. At the end of the day, if it was ever litigated, what it essentially says is that we are either maintaining or increasing your property values as a result of the services that are provided to you. It is a much higher test under Florida Law with respect to the levying of a non-ad valorem assessment. For the services that are provided to you in Pelican Bay you can use ad valorem taxes. If you choose to use the non-ad valorem assessment method, which is what we have in Pelican Bay, you meet a higher burden under the law to ensure that the services that are provided benefit your residents by either keeping your property values the same or over time, being able to increase the property values of this community through the levy of those non-ad valorem assessments. For Pelican Bay, all of the other services that we currently provide whether they are street sign maintenance, landscaping, water management services, Clam Bay Restoration Program, etc. are all provided to you based upon a non-ad valorem assessment mechanism and methodology that you look at each and every year. One of the major issues that 5102 Pelican Bay Services Division Board January 9, 2003 1611 most communities look at when we establish these discreet MSTBU's is done because the services are not provided countywide which is what you have here in Pelican Bay. Within the community itself you generally see significant difference in property values or demographics within the community for diversity of the population of the residential, commercial, industrial and office uses, such that that diversity indicates to the Board that you might want to look at a more equal method of assessment, i.e. the non-ad valorem methodology versus the use of an ad valorem tax. You know that you pay property tax based upon the value of your property. If you have a $100,000 property and a 1 mill levy, you get a number equal to $10.00, but if it was a $1,000,000 piece of property it might be a $1,000 assessment. There is a dramatic change in what you pay based upon the value of your property. The lesser the value, the lower the number and the higher your value the more you would pay, based upon an ad valorem tax methodology. In Pelican Bay you have a relatively diverse number of units. There are property values well in excess of $15,000,000 down to $100,000 and you will also have commercial properties well in excess $50,000,000- $60,000,000. Mr. Ward stated, "In looking at Tables 1 and 2, based upon the use of a non-ad valorem assessment, you pay $293.13 per year for the services that are provided by the Pelican Bay Services Division. If you chose, based upon your current budget to change that and utilize a method where you would levy ad valorem taxes only, that would equate to 0.8125 mills, so you would see a change in your method of taxation from $293.13 to 0.8125 mills for the services that are currently provided to you. Tables 5 and 6 are intended to provide you what that one change alone would mean based upon property values. For example, if you have a property value of $100,000 you would see a dramatic decrease from $311.00 down to $81.00. If you have one of the six properties in Pelican Bay valued at $15,000,000, your assessment would change and go up to approximately $12,000 or a $9,000 increase over what you currently pay. At the end of the day, the break-even point in Pelican Bay is a property value of $463,000. That means that if you have property, which is in excess of $463,000, you would see an increase in the amount paid to the Tax Collector, based on our current budget and if you held property that is under that amount, you would see a decrease in the amount of the taxes that you would pay. That is a broad outline 5103 Pelican Bay Services Division Board January 9, 2003 1611 of the difference between ad valorem versus non-ad valorem assessments and the affect of that in the services that you provide. Mr. Vlasho asked Mr. Ward to review Table 7 of the Memorandum. Mr. Ward explained, "Table 7 is intended to show you how the change would affect you, based upon the type of unit that you own. In Pelican Bay if you live in a single family home you would see a dramatic increase in the level of assessments that you pay. If you live in a multi- family project you would see a slight decrease. For non-residential property there would be a slight change. The anomaly is that when you levy an ad valorem tax, one of the important things to remember is that there are certain properties in Florida that are, by law, exempt from ad valorem taxation such as governmental properties, religious institutions and certain non-profit organizations, etc. In Pelican Bay you have all of those. You have St. Williams Church, the Naples Philharmonic and the park site that is owned by Collier County and are examples of properties that are exempt from paying ad valorem taxes. Similarly, under Florida Law, they are not exempt from a non-ad valorem assessment. Those facilities in Pelican Bay, although exempt from an ad valorem tax, do pay monies to you in the form of non-ad valorem assessments for the services that are currently provided to you. Mr. Vlasho stated, "The assessed value of Pelican Bay is now $3,600,000,000 and this Board is operating on a $2,900,000 budget". Mr. Staros asked, "The Philharmonic and church would get these services for free if we changed from an non-ad valorem assessment to an ad valorem tax and the rest of us would pay a greater portion, is that correct"? Mr. Ward replied, "Correct". Those types of facilities are not exempt from non-ad valorem assessments and we do presently assess those properties based on the non-ad valorem methodology. Mr. Bawduniak stated, "Back in May of last year Mr. Brown brought up the issue of the balance of ad valorem versus the fiat tax, which everybody pays whether you own a $1,000,000 home or $100,000 condominium". This Board is responsible for spending, perpetuating and enhancing our property values and hence, is responsible for funding. We set the taxes and we 5104 Pelican Bay Services Division Board January 9, 2003 161: can legally set how we tax. What you just heard was an analysis by Mr. Szymonowicz and was very well done. Not relevant, but it is an end point and the end point was that all services change to ad valorem. In September, having not supported Mr. Brown's concept when he initially introduced it, because we were in the midst of the Budget Session and I didn't think it was appropriate to tinker with the system when we were working the numbers through for this year. In September I did certain analysis and brought it to this Board that we had to take a look at this issue because this Board has not looked at ad valorem versus the ERU or fiat tax for years. They are not in balance. The people that pay the flat tax, that's every one of us whether you have a $10,000,000, $1,000,000 or $100,000 property, pay 80% of the Pelican Bay Services Division's budget. That means that 20% is carried by ad valorem, the more you own, the more you pay. One of the common premises of the Foundation, the Pelican Bay Property Owners and this Board is to maintain and enhance property values and you hear it every place you go. That's what the array of services does. Let's look at the percent of real estate tax, because the real estate tax in this County is ad valorem, what do we add to it when we spend some of your dollars? A person owning a $150,000 condominium receives a 22% increase added to their property tax. A person owning a $500,000 property receives 4% and a person owning a $1,700,000 value receives 0.3%. Clearly this analysis shows that when we do something, we are certainly influencing areas like Pebble Creek and St. Simone far more than we are influencing Georgetown and Point Verde. I like this analysis because it is a good mathematical model. In September and October the issue was brought up and I wanted to look at the balance, with no suggestion of going to all ad valorem because it would be an outrageous increase for the commercial properties and those with properties valued over $700,000. Mr. Bawduniak continued. "The ERU's, the flat tax base, is not going to change". Within a few hundred units, it has basically been the same for years at approximately 7,700 units. There is going to be no magic break through there to lower this tax, it is going to stay a burden on each ERU. There are several services that Pelican Bay provides. Right now several of them are a fiat tax and two are ad valorem, which means a $10,000,000 condominium pays more heavily for streetlights and security. Two meetings ago it was determined that street lights were just an 5105 Pelican Bay Services Division Board January 9, 2003 _1611 arbitrary assignment. Having worked through some models, it turns out that there is no convenient shift that could be made for one of our services from ERU to ad valorem, without what I feel would be putting an undue incremental burden on the big properties. If I were to pick one service, water management, it would increase our millage rate by .13 on top of .20 and would run the ad valorem taxes up for the Ritz, Waterside Shops, the Registry Resort and First Union Bank significantly. We don't want to do that, but what we should consider is leveling the playing field that we don't pay 80% fiat tax and only 20% comes from ad valorem, which is the higher end. If you have a $10,000,000 property and you are protecting that value and I have a $1,000,000 house, you have ten times the protection and significantly more benefit over a period of time. Having said all of that, I have a consideration that this Board should look into with further analyses and that is we have to provide for variations of services in the future. I am hearing a strong concept in Pelican Bay to'get rid of the Sheriff's deputies. That is ad valorem, what if you get rid of it? Ad valorem goes down to less than a 20% contribution. Water Management is going to stay similar, Community Beautification we have looked at changing and we are not going to do that. Street lighting, who knows where that is going to go? We are facing a future where these things can vary and the ad valorem is only 20% and there is a chance it will not be 20% of our contribution. One consideration is, let's take our grand total tax burden each year for the Pelican Bay Services Division and do not assign Water Management to ERU or Security or Street Lights to ad valorem and say here is what we need to do the job right. Take a fixed fraction of that, right now it is 80/20, and look at a model of 70% of that grand total coming from ERU, which is easily done and 30% coming from ad valorem. This means that people over $700,000 are going to spend a few more dollars and people under that are going to spend a few less dollars, because the ERU is going to come down for everybody. For those people who are responsible for the Ritz Carlton, the Registry Resort and the $10,000,000 properties on the beach, it is going to mean some dollars for them. The Registry Resort right now pays approximately $6,900 a year and with the plan I just suggested, as a middle point, would add an increment of $2,300. The Ritz Carlton, which of course is our heavy hitter, would go from $14,500 with an increment of $4,800 to approximately $18,000-$19,000. We are not talking backbreaking onus debt being imposed. It 5106 Pelican Bay Services Division Board January 9, 2003 1611 fundamentally sets this Board up for a more balanced feel for where the tax money comes from. I worked through these numbers several times and there is a lot of modeling that can be done. What Mr. Ward illustrated was an excellent model, but it's all ad valorem and what we have now is somewhere down here and I believe there is better balance for all of us in between. Mr. Brown stated, "This came up a number of months ago and I would encourage each of you in the audience to listen and think about this". In the last nine years our real estate tax in Collier County has gone up 8% and our real estate tax in Pelican Bay has gone up 154% in the same time period. That is a lot of money. On percentages, I don't want to repeat what Mr. Bawduniak just provided you, but look at your tax bill. How many ERU's do you see on your tax bill, how do you pay for schools? Half of the median landscaping for the south half of U.S. 41 was paid for by you, with a regressive real estate tax of ERU's, the other half was paid for by Road District #2, which is also you. That was paid for with an ad valorem tax because Collier County uses an ad valorem tax for capital improvements. The maintenance of that is handled by Collier County and is not paid for through a regressive real estate tax, it is paid for through an ad valorem tax. Most people vote their own pocketbook and if somebody lives in Laurel Oaks they are going to say they want to go ad valorem and somebody who lives in the Strand is going to say no way. Sometimes you have to set that aside and vote for your fellow man, but unfortunately not everyone feels that way. Laurel Oaks pays 22% and it used to pay 10%, so in another ten years they are going to pay half of their real estate tax to the Pelican Bay Services Division. I am saying the same tax break for all property owners is what is fair. That is how this issue came up. Mr. Sutphin asked, "Is the 70/30 split legal in the concept of justifying assessments versus ad valorem". Mr. Ward replied, "Yes". If you can fund the whole service and indicate under Florida Law that there is a benefit that accrues to the property from the imposition of the entire assessment you can clearly get there for any portion thereof. You can levy a portion of it as non- ad valorem and the balance of it falls to an ad valorem tax, it doesn't matter. 5107 Pelican Bay Services Division Board January 9, 2003 1611 Mr. Sutphin stated, "Is it right to assume that if the 80/20 is justifiable, we can go more ad valorem and less ERU, but we might have trouble if we went the other way?" Mr. Ward replied, "Yes, except in Pelican Bay there is one anomaly". Normally police services are provided through an ad valorem tax and my memo to you indicated that needed to continue. Streetlights can go either way and can be either ad valorem or non-ad valorem. Mr. Bawduniak stated, "The County legal limit is 10 mills". When I talked to Mr. Skinner we were at 3.5 - 4.0. What we are speaking of is in terms of 10'hs of mills. Even if we took Mr. Szymonowicz's model and went to the extreme, we would hardly show with an increment towards the legal limit. Mr. Werner stated, "1 live in St. Andrews so I would imagine that my house falls somewhere in the middle so this will not affect me much". It boggles my mind to hear people talk about fair taxes. What is fair about taxes? To me if someone has a more expensive house than mine, why should they pay more for community beautification or water management? I don't understand that. It appears to me that we are starting some sort of class warfare. We sound like a bunch of democrats on this Board. The people who would be affected the most are the people in Bay Colony. Those people already pay for their own landscaping in addition to ours. They pay for their own security in addition to ours and they pay for their own beach facilities in addition to the Foundation. Right now we pay $900 a year to the Foundation and that does not depend on the size or value of your house. One thing you have to keep in mind is that a lot of these assessments are not fair. You might have a $1,000,000 home and be assessed at $500,000 due to homestead exemption, etc. You could have a $1,000,000 house and be assessed at $1,000,000 if you just moved in. Mr. John Domenie asked, "Mr. Bawduniak did you say that every year we would re- examine the situation"? Are you suggesting that one year it might be 70/30 and another year it might be 72/28 or 60/40? Mr. Bawduniak replied, "No, what I am suggesting is that it is a matter of property values, which do differ". If we maintain or acquire the flexibility to change it and it is 70/30 that may be good for a long time. What I mentioned that nobody seems to be picking up on is that there are 5108 Pelican Bay Services Division Board January 9, 2003 1611 going to be changes in the services and the scale of services. How are you going to handle them? If you have the ability to go from 70~30 or 68~32 or back to 80/20, you have it. If you don't do that, at some point these services are going to vary and I like the term "playing field" because it is getting value for what you got. Then you have the flexibility. Mr. Domenie asked, '~Nould you still re-examine and come up with a percent every year"? Mr. Bawduniak replied, "1 guess you could do it every year and if nothing changes in the scope of services and the cost of the relative service, who cares, why would you look at it"? Mr. Harrell stated, "It seems to me that this whole Division was created to provide services to the Community that were above and beyond what Collier County was willing to do". We are talking about non-people things here in Water Management, Community Beautification and the Clam Bay Restoration. If you go ad valorem it is kind of like, okay if you can see Clam Bay, you need to pay more for it. If that is the case, if you can see the U.S. 41 median you should pay more for that. To me, this is the fairest way to say this is not a real estate tax. It is a service fee and it is based on parcels. Somebody asked me a long time ago, what is the difference between the Foundation's dues and taxes when it comes to fairness? I am speaking for Waterside Shops where we pay $84,000 a year to be a member of the Foundation. My answer was that we don't get much from the Foundation for that money. We have one member and that is me. With taxes, we all get nailed together. At least it's all fair and that's what I would like this Board to consider. This is a unit tax and not services on people. This beautification is what we are supposed to do and to go to an ad valorem is shoving it. I would really hate to see those that do not pay the ad valorem now get away with not paying for services. Mr. Sutphin stated, "Given that taxes are unfair, there is a little element of unfairness in this situation in that there are two different levels of assessment in Pelican Bay". Those that have chosen to homestead their property and are protected by the Save Our Homes Limitation on increases in assessed value and the people who own these as a second home. Any shift from ERU methodology to an ad valorem methodology of assessment would doubly zap those owners. It is not how much it is worth, but the taxable assessed value that you are paying taxes on. It is 5109 Pelican Bay Services Division Board January 9, 2003 161 1 different for the Homestead Property where the owner has moved here for ten years and the seasonal resident whose assessment keeps going up as the tax base increases. Mr. Bawduniak stated, "Having heard comments from those who represent the high end properties, I am not surprised at their perception and position". I do want to comment that the value of my house is such that my taxes would go up. Mr. Staros stated, "1 agree with Mr. Harrell and Mr. Werner that for somebody that owns a house that is $250,000 or $1,250,000, I can't see how somebody should pay more". I don't get any more out of the beautification for the more expensive property and I wouldn't change it". Mr. Vlasho stated, "This has been a great discussion and the kind of thing that we ought to be talking about visiting the pros and cons and visiting both sides, but we are where we are and have been there over a period time". I for one would not be interested in making a change unless there was a real need to make the change. The only thing I can see it doing is that there would be a number of people coming into this room at one of our next meetings that don't visit here very often and it would be the high-enders. It reminds me of what happens in the condominium associations when you start looking at increases in budgets. Someone who has a $200,000 unit asks why am I paying the same thing as the person who has the $2,000,000 unit upstairs? It is the same kind of discussion of not being fair. Unless there is a real need, I believe we need to be very careful as to what we do. Mr. Carroll stated, '"We have not dealt with the fact that we are paying $619.00 to the Foundation". This is somewhat similar to the non-ad valorem tax and is another fee. I know we have talked about some of the services that we now provide might be better done by the Foundation or vise versa. This is already mind boggling to me and all this does is emphasize the fact that this is not simple. I am for leaving it alone. Mr. Harrell moved, second by Mr. Roellig and approved on a vote of 8/3 to table the issue regarding the use of ad valorem versus Non-ad valorem (ERU) in paying for the services provided by the Pelican Bay Services Division and bring it up on an annual basis, but not to switch our method of taxation as this time. Those casting the dissenting votes were Messrs. Joseph Bawduniak, Tom Brown and Jim Burke. 5110 Pelican Bay Services Division Board January 9, 2003 1611 SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMMITTEE Mr. Roellig reported that a Clam Bay Sub-committee Meeting has been scheduled for Tuesday, January 14, 2003 at 3:30 P.M. HYDRODYNAMIC & WATER LEVEL MONITORING Mr. Roellig reported that the monitoring is on-going and there is no change in status. DUNE RESTORATION Mr. Roellig stated, "The sand has been in place for several weeks and the dune vegetation has been planted". Sea Oats normally need to be irrigated for a year or so until they become established. INTERIOR CHANNEL MAPPING Mr. Roellig stated, "The interior channel mapping has been completed". SEAGATE CULVERTS Mr. Roellig reported, "At the last Board Meeting we discussed the removal of the flap gates on the Seagate culverts". The removal of those flap gates will be discussed at the Sub- committee meeting on January 14th. At our last meeting the Pelican Bay Services Division Board authorized expenditure, not to exceed $2,000, to analyze the data that has been collected both before and after the flap gates were removed. BEACH RENOURISHMENT Mr. Roellig reported, "The beach renourishment program in Collier County was completed during 1996". At that time there were portions of the beach in Vanderbilt and Park Shore that were renourished. It was anticipated at that time that the beaches would require renourishment in eight to ten years and there has been erosion in many locations. The County is presently looking at re-nourishing the beaches from Lee County south to Gordon Pass. Tourist Development Tax money was used the last time to pay for the renourishment and we anticipate that most of it would again be paid for by Tourist Tax dollars. I have asked and they have agreed to attempt to get a permit to cover all of the shoreline in Collier County. It is important that Pelican Bay be included in the permit if we should decide to do some renourishment ourselves. 5111 Pelican Bay Services Division Board January 9, 2003 1611 Pelican Bay is not unique in the sense that we have restricted access, but we have a public beach. Barefoot Beach has restricted access for a public beach. The sand search is underway and should be completed within a few months. The designing phase should start within the next few months and we will start contacting the State of Florida and the U.S. Army Corps of Engineers to secure the necessary permits. Mr. Roellig continued, "One of the reasons that I am interested in this is that we learned from Tropical storm Gabriella that if there is a natural disaster, although we didn't suffer much, if you don't have a permitted beach or a beach that has a permit for renourishment and sand has never been placed on it, the Federal government will not participate in rebuilding your beach. If we had a storm that caused our beach to disappear, at the present time the Federal Government would not participate. We are trying to make sure that we would be eligible for storm damage replacement. Under FEMA if there was a disaster, the Federal Government would pay 75% of the cost of disaster relief and the State of Florida would add approximately 12o1/2% to that total. I very much want to be in a position that if something should happen to our beach that we would be entitled to the 87-1/2% disaster relief from the government. This is something we are looking for in the future. ADMINISTRATOR'S REPORT Dr. Raia stated, "If you don't have the pulse of the community and the courtesy to address the concerns of the citizens, you have no business being here". Mr. Vlasho stated, "We were lead to believe that you were here for the berm issue". That's what Mr. Spanier told me; otherwise I would have moved your issue. Dr. Raja stated, "My point is with the person who makes up this agenda". He, she, or somebody knew the purpose of this meeting and the major concern of this topic and it should have been at the top of the agenda. Mr. Vlasho replied, "1 am sorry about the misunderstanding, but all of these items are pertinent items and your item is on the agenda under this report". Mr. Raia stated, "1 would like to ask the Administrator if he would surrender his time to bring this item up"? 5112 Pelican Bay Services Division Board January 9, 2003 1-611 Mr. Ward replied, "1 will go through my agenda really quick". As a matter of fact, I will not make any comments with respect to any items I have on agenda. You have read it in the Power Point. For those of you who have applied for the vacancies on this Board, the County Attorney's Office is planning an Ethics and Public Records Workshop. The two dates for the Workshop are Friday, January 17th from 2:30- 4:00 P.M. and Monday, February 3, from 10:00-11:30 A.M. in the Board of County Commissioner's Board Room. It is an excellent workshop for Advisory Board Members and I would encourage those of you who are going to run for a Board position that you attend one of these Workshops. It will be very helpful to you. U.S. 41 MEDIAN LANDSCAPING BID REVIEW Mr. Ward stated, "The U.S. 41 Median Landscaping Project was bid". The bid was sent to 52 bidders, the project estimate was $288,000 and the lowest, most responsive bid came in at $253,925.84. There were three bidders that bid the project, one of which was considered unresponsive. A question has come up in relation to the cost per square foot or per acre for purposes of construction and I enclosed in your agenda package a detailed analysis of the costs between Phase I and Phase I1. I also provided you a memorandum that indicates to you, which items are consistent to Phase I and are good to look at in terms of per unit costs on a square foot basis and for those that you cannot look at on a square foot basis, based upon the type of item that is being provided. It is up to you to tell us what you want to do and we can transmit this on to the Board of County Commissioners for either recommendation for award or denial, at this point in time. I have no intention of going through all of this detail unless that is your desire at this point in time. Mr. Werner asked, '~Nould it hurt to delay this issue for one month"? Mr. Ward replied, "No". Mr. Werner asked that we delay this issue for a month. Mr. Roellig stated, "1 would be agreeable to delaying this issue for one month". Mr. Brown stated, "1 want to make a point to everyone here that this is an interesting way on how this Board works and how your money is spent". Several months ago, several members of this Board voted to fund a median landscaping program on U.S. 41 with your dollars and the 5113 Pelican Bay Services Division Board January 9, 2003 1611 County is not involved. The two major questions are, why are the taxpayers of Pelican Bay being taxed to pay for this median when only eight or nine people said they wanted to do it, not all of you? Also, why is it costing an unreasonable amount? Did anybody do a traffic count? No traffic count was taken. Do you know how many cars travel down U.S. 41 in a day? There are 41,000 cars traveling south and 44,000 traveling north and that is a lot of traffic. The question is, of all of those automobiles, how many are taxpayers, not renters, in Pelican Bay? The answer is very few, maybe 1%. I asked someone who lives in the Marbella how often they drive on that stretch of road and they said never. I asked Mr. Wilson from the Stratford how often he drove that road and he told me never. My daughter said she drives on it possibly nine times a year. A lot of people do not travel that road, so why is such a small portion of the people that use that road being asked to pay for it? A vote was taken and nine people wanted to recommend to the Board of County Commissioners that if this Board says we are going to tax the people we would spend it. The County loves us. Mr. Brown continued, "This was written after Mr. Ward had said that it would cost $288,000". The people bidding the job knew how much was in the budget. The cost of the south half for 3-1/2 acres was $133,000 per acre. On the south half we had to spend $95,000 to asphalt and add curbing, which has already been installed at the north end. Once we subtracted this cost, the cost per acre for landscaping the south half was $107,000 per acre. We paid half of it and the Road District #2 paid half of it. You need $107,000 per acre and for 1.2 acres that would total up to $133,000; but Mr. Ward has said that the bid is $254,000. Mr. Werner stated, "1 thought we tabled this issue". Mr. Brown stated, "One of our members has said we have so many trees in Pelican Bay and the medians are so crowded, why don't we cut some down". Why spend all of this money on U.S. 41 when it is not part of Pelican Bay? I say it is too expensive and we should cancel the program. I don't think you want to waste your money that way. Mr. Werner stated, "Because of the Pelican Bay Property Owner's, WCI has committed $75,000 to this project". You could possibly be forfeiting that $75,000 contribution from WCI. 5114 Pelican Bay Services Division Board January 9, 2003 Mr. Sutphin moved, seconded by Mr. Bawduniak that the bid for Phase II median landscaping for U.S. 41 median be rejected and defer any consideration of this project until Collier County is willing to live up to their prior commitment of funding 50% of the costs. The motion was not called with the approval of Mr. Sutphin and agreed to by Mr. Bawduniak to hold this motion until the next meeting. Mr. Roellig stated, "1 object". Mr. Brown did a long one-sided discussion on this issue". He left out a lot of things and other items were inaccurate. We need to have a full discussion because there is a lot more to it than what Mr. Brown has discussed. Mr. Werner asked, Mr. Sutphin would you consider withholding that motion until next meeting" Mr. Sutphin replied, "Surely". DISCUSSION OF CAP d'ANTIBES PLANS Mr. Ward reported, "1 have enclosed as part of your agenda package the plans that were submitted to the Pelican Bay Services Division for review with respect to the Cap d'Antibes project". I have also enclosed the Manual that we have used for close to twenty years with respect to the review of all plans. Essentially, the Division's early review of plans has focused on two major aspects of the systems that we operate. One was the water and sewer system and the connections of buildings that are being constructed in the community to that system. In 1991 when the County took over the Pelican Bay Improvement District and it became the Pelican Bay Services Division, the County's Water and Sewer District took over the responsibility for the review of plans for construction of facilities within Pelican Bay related to water and sewer. The second aspect of the review that we normally go through is the review of buildings and how they are going to interact with, or drain into, our water management facilities within Pelican Bay. If you look through the Plan Review Manual it dealt primarily with that issue, subsequent to 1991. That process has always been a process that has gone through a technical review at staff level and to the extent that they were consistent with the design criteria for construction of the water management system, as a ministerial matter, staff always approved them and subsequent to 5115 Pelican Bay Services Division Board January 9, 2003 1611 1991 transmitted them on to the County staff and indicate to them that we approved the plans essentially for that purpose. In addition to that, periodically facilities that are being constructed in Pelican Bay will affect our water management facilities and they may want to move easements or may want to put a building in an easement and have to reconfigure the water management system. The two most recent examples that this Board is familiar with is the construction of some additional decking that occurred at the Registry Resort a year ago, which encroached into our water management easement and those plans were submitted to you for review and consideration for an encroachment. Secondarily, the Bay Colony Community Association submitted plans to you for encroachment into our water management easements for a road that they were anticipating to be constructed next to the most recent high rise constructed by WCI. Normally what the Board has seen is when the facilities that are being constructed affect your water management easements and they are requesting you to either modify those easements or to allow an encroachment to occur within those easements. Those are matters that arise to the level of Board review and have been brought before you for consideration. Based upon your review it is then transmitted on to the County for final staff review and consideration by the Board of County Commissioners. That is the context in which we have reviewed these plans for twenty plus years now in Pelican Bay, including the plans that you have for this particular project. I have enclosed all of the materials that are in our technical files that we considered during the review process for this particular project. Mr. Werner asked, "Mr. Ward, when you send a letter or sign off on these plans, does that have anything to do with the type of building or the architectural standards"? Mr. Ward replied, "No". That question was raised at the last meeting and based upon what you decide you want to do today, I would be glad to clarify that at the staff level the letter was for the review and approval of just the activities related to our water management services in this instance. Mr. Sutphin stated, "1 recognize the concerns of the people in this room and as a resident and taxpayer I share them". Importantly, does this Board have the authority to deal with their concerns as they relate to architecture and setbacks? 5116 Pelican Bay Services Division Board January 9, 2003 Mr. Ward replied, "1 am going to get shot, but no you don't". Mr. Vlasho asked, '~A/here do they go if they need that"? Mr. Ward replied, "Unless WCI relinquished their architectural review and approval of new construction in Pelican Bay to the Foundation it would go to WCI, but if they have relinquished that approval it would go to the Foundation for their final review and approval". Ultimately it goes to Collier County's Plan Review staff for review for consistency under the PUD Ordinance and zoning laws. If it meets the criteria that are contained under those sets of laws the staff either approves it as a ministerial matter or sends it on to the Board of County Commissioners. In this County, I have never seen what I call site plans go to the Board of County Commissioners. Mr. Burke stated, "1 have been gone a while, but I have done a lot of reading". Mr. Walters is the Covenant Enforcement Director of the Foundation has said "Whether we like it or not, the Foundation cannot impose any restrictions or influence over Gulf Bay Development". That appears as a final statement, so where do you go from there? Dr. Raja stated, "1 have to apologize to all of you who have been waiting here since 3:00 P.M." I apologize to the Board for my outburst before, but this is a very serious issue that concerns the entire population of Pelican Bay and I really thought you would have the pulse of that. I cannot help but feel I am here until 5:00 P.M. because of Mr. Ward who is responsible for making up this Agenda. Regardless of that, we will go on with the program. I brought this up at the last meeting during the Audience Participation portion of the agenda and most of your Board concurred that a letter should be written. The problem is that during my investigation of how the Cap d'Antibes got approved I came across this letter saying, "Please approve one set of approved plans for the above reference project. These plans have been reviewed and approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submittal Manual". Mr. Ward is perfectly right; it has to deal with water management. The problem is that the inference of this letter is that it approves the entire plan and the Pelican Bay Services Division receives the entire set of plans. I still don't believe the Administrator, without the knowledge of the Board, should approve something like this. Somehow in the Minutes, 5117 Pelican Bay Services Division Board January9,2003 16 I 1 someplace, there should be documentation that this approval had been done. I have researched all of the Minutes and there is nothing in any of the Minutes. The explanation is that this was taken care of in the backroom. Let me tell you, there is a problem in these backrooms. It should come to a grinding halt right now and this Board should be responsible for every piece of paper that get sent out. Having said that, I have no objection to a form letter that would say, "Please find one set of approved plans for the above referenced project. The Pelican Bay Services Division is authorized to review and approve only water management, with attention to our easements, roadways and properties. We reserve comment on any other aspect of this submitted plan". This way it is explanatory as to what your responsibilities are and what is being approved. Dr. Raja continued, "After the close of the last meeting, this Board had suggested that we should draft a letter. I have drafted a letter and I hope it will be acted upon. (Dr. Raia read a proposed draft letter for Board signature. The letter as read by Dr. Raja was not clear and could not be transmitted from the tape.) Dr. Raja explained that this letter is perfectly legal to be written, if there is any interest in what is happening today. It is unfortunate that we are here, but we do have a window of opportunity right now to correct something that has happened. This staff is overworked and not capable of handling complicated situations like this and just provide an approval to the best of their knowledge and ability, no mater what impact it might have on someone. Staff should have referred this up the line. There is no question about there being a violation of the PUD, if you follow the PUD correctly. I would like to make myself available to the Board if there is any question about the letter that I have offered to pen. If they are not familiar with the sections of the PUD that deal with this issue, I would be glad to explain it to them. Dr. Raia continued, "1 am here representing the Pelican Bay Property Owner's Association and as most of you know I am a physician". I have served two years on the Planning Board, three years on the Zoning Board of Appeals, four years on the Conservation Commission and I am presently going to be appointed to the Zoning Commission of Collier County. I believe I know what I am talking about. 5118 Pelican Bay Services Division Board January 9, 2003 1611 Mr. Vlasho stated, "As you know I was not at the last meeting and in reviewing the Minutes I did see quite a bit of discussion on the letter, but I did not find where we said we would send a letter". Mr. Werner stated, "1 believe most agree that this is inappropriate for this piece of property and I believe Mr. Ward has offered to write a letter to clarify his approval". What you are trying to do is build a case for a future lawsuit. Mr. Ward has offered to write a letter to the County explaining that his approval is only for water management purposes and I think he should be encouraged to do that. Mr. Vlasho stated, "It appears as if we are not interested, but we are". We all agree that there is a problem and your comments were all well taken, except that I do not agree with your reflection on our staff. We work with our staff every day, they are overworked and they are competent people. We have looked at Mr. Ward's contract, I don't know how many times since I have been on this Board, we have threatened to remove him and each time we have come back and supported him. Those were the only notes I had on your comments that I wish you had not made. With the Board's permission, I will sit down with Mr. Ward and oversee a letter that he will write, unless you want me to write it. Mr. Werner stated, "1 believe Mr. Ward's letter was to strictly clarify for the record that his approval had only to do with the water management and easement issues". We received a lot of reading material and I saw that the developer had originally proposed two towers of buildings with 106 units each. The agreement is for 110 and 72 units respectively, which is a total of 182 units. It appears they may be ugly, but you are getting thirty less units. Mr. Vlasho stated, "1 did get a letter in this regard from the Pelican Bay Property Owners Association, who are raising the issue of additional community parking in the walkway between St. Raphael and this building". That is something that should be forwarded to the Foundation. Dr. Raia stated, 'M/ater management is another serious issue". With the problems that we have in maintaining the mangroves, there is freshwater intrusion and the more you develop from sidewalk to sidewalk, the less permeable land you leave to absorb the rL)noff. The water then goes into the berm area and we spend more money to correct the problem. If we are doing 5119 Pelican Bay Services Division Board January 9, 2003 1611 the water management we should be very careful because right now we have a problem with the Coronado, which is adjacent to St. Raphael. The Coronado is complaining that they are getting a lot of run off from the ,St. Raphael, which should not occur. Any piece of property that is developed is responsible for keeping their own water on site and that is why you see a lot of retention lakes here. You can retain water over a broad area, but then that takes a broad area, so in increased development areas they dig a hole and fill that hole with what you would have had for water percolation into the ground. It is perfectly legal. I assume that plans on the St. Raphael came through this Board the same way, as well as those for Cap Farrat. I suspect that there is a water problem at the Cap Farrat. Dr. Raia read a letter of Agreement between the Foundation, WCl, Gulf Bay and other interested parties. Dr. Raia continued, "The real problem has not gone away". Because the developer did not get an approval to increase the height of the building, those high rises are going to go in where a retention pond should be. Where are our water management people looking at this problem? Where I come from, you take care of your water problem first and then you build around that. Mr. Jim Hobin -"1 have two questions". It was said that Mr. Ward is going to consider writing a letter and that letter is addressing the water management question. What about the whole monstrosity? Why are you not writing a letter saying that you are opposed to it and you are representing the best interests of this community? I thought that was what you were elected for. Mr. Wemer stated, "We were appointed and not elected". Mr. Vlasho stated, "It is interesting how in Pelican Bay we can get riled up and act like we are enemies". We are on the same side as you are, we just happen to volunteer to do this and it appears that we don't do anything. We don't see you. We do get some volunteers, but we don't get a lot of them. A member of the audience stated, '~/Ve are not kids". Mr. Vlasho stated, "Sir, you are out of order". An audience member asked, '~/Vill there be any more comments from the floor before 8:00 P.M."? 5120 Pelican Bay Services Division Board January 9, 2003 Mr. Vlasho replied, "There will be a portion for Audience Participation at the conclusion of our meeting". Mr. Harrell stated, "The agenda is like this every month, please come every month". You make it sound as if you are here only for your issue and not the community's issue. I guess you want to get your issue solved and then get out. Why don't you stay, we would really like you to stay? COMMITTEE REQUESTS Mr. Carroll stated, "Mr. Werner alluded to this elected versus appointed and I was going to say that we have an election and those persons nominated will be referred to the County Commissioners for appointment". ADJOURNMENT Mr. Werner moved and seconded by Mr. Domenie to adjourn the meeting at 5:25 P.M. Mr. Lou Vlasho, Chairman 5121 VI. 1611 COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever takes precedence. A. Notice Invitinq Bids: Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Scope of Notice: The public notice required herein shall include a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured, and the time and place for opening bids. Bidders' List: The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have requested their names be placed on a "bidders' list", which the Director shall maintain, by sending them a copy of such a notice as will acquaint them with the proposed purchase or sale. Invitations sent to the vendors/contractors on the bidders' list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Vendors/contractors may be removed from the bidders' list by the Director for continual non-response to bid requests. Bid Deposits: When deemed necessary by the Director, bid deposits shall be prescribed in the public notices inviting bids. Said deposits shall be in the amount equal to five percent of the bid submitted. The Director shall have the authority to return the deposits of all bidders prior to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter into a contract within ten (10) working days after written notice of award. 1611 Co Do Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for insuring that all prospective bidders who have received specifications are notified of the addendum in writing prior to opening of bids. Procedure for Bids: Sealed Bids: Sealed bids shall be submitted to the Director and shall be clearly identified as bids on the outside of the sealed envelope. Openinq: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department. 3. Tabulation: A tabulation of all bids received shall be made by the Purchasing Department and shall be available for public inspection. Tie Bids: Where there are Iow tie bids, the award process shall first be subject to Section 287.017, F.S. Should a tie still exist among two or more bidders and if the purchase is funded in whole or in part with interagency grant funds, the tie shall be broken in accordance with the grant conditions or the grantor agency's procedure governing such matters. If no interagency grant funds are appropriated for the purchase and any one of the Iow qualified vendors has a principal place of business located in Collier County, the bid shall be awarded to the local bidder. Reiection Of Bids And Neqotiation: 1. The Board Of County Commissioners shall have the authority to reject any and all bids. If the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final 16 1 approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. If no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. Waiver Of Irreqularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids. Award Of Bid Contract: The Chairman, when authorized by majority vote of the Board or as otherwise provided for in this policy, shall execute formal contracts having a binding effect upon the County. Formal, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board Of County Commissioners to the lowest qualified and responsive bidder. In addition to the price shall be considered the following: 1. The ability, capacity and skill of the bidder to perform the contract. The ability of the bidder to perform the contract within the time required or the least time, if appropriate, without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of' previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for award for' bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. Bidders competing for a prospective bid award (and their agents/representatives) will not be permitted to publicly or privately address the Board regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. 1611 CLAM I AY WILDLIFE Throughout the Clam I~ay ey~t~m them I~ a variety of wildlife Inhabltante. Thle display providee a II~t of eome that may be encounte~d a~ you ~avel within the Sy~tem'e boandwalke and tram road~, Some, ~uch a~ the American Alligator and Wa~er Moc~aeln, ehould be t~at~d with caution because of the potential danger that they poee. A~ you tnavel along the t~m road you will find additional ~lgnage p~ldlng Info.nation about ~ome of the wildlife that you may obese In the Clam l~ay System. Large Pond I~irde 5rnalle~ Pond l~iMe i~I~:)I~^I~LE White Ibis Tricoiored Heron Great Blue Heron Great Egret Double-crested Cormorant Anhinga Snowy Egret Little Blue Heron P'O,.~,~II~LE Wood Stork Glossy Ibis PROI~,^BLE Pied-billed Grebe Green Heron Common Moorhen ~OSSlBLE Blue-winged Teal ~ Spotted Sandpiper ~ Black-crowned Night Heron ~ Greater Yellowlegs ~ Lesser Yellowlegs ~1~ Least Bittern ~1~ American Coot Mammal~ P~OBABLE Northern River Otter Reptilee & Amphil~iane FI~OBABLE ~American Alligator UNLIKELY Florida Softshell Turtle , Great Blue Heron Ardea herodias Description: 39"-52" A common large mainly grayish heron with a pale or yellowish bill. Often mistaken fora sandhill crane, but flies with its neck folded, not extended like that of a crane. In southern Florida an all white form, 'Great White Heron," d~ers from Great Egret in being larger, with greenish-yellow rather than black legs Voice: A harsh squawk ! ! ! ! i t 1611 BID TABULATION U.S. 41 PHASE II 1611 BID TABULATION U.S. 41 PHASE I 1611 II9l 16/1 Memorandum To: From: Date: Subject: Pelican Bay Services Division Board Members James P. Ward January 28, 2003 U.S. 41 North Median Landscape The bid information for U.S.41 Median Landscape Phase II has been included for the Board's review. McGee and Associates, through the Collier County Transportation Department, performed the design for U.S. 41 Median Landscape Phase II. As part of the design contract the architect prepared the plans and provided an estimated cost of $288,000. These design plans were submitted to the County Purchasing Department where the bid documents were prepared for the competitive bid process. A copy of the County's purchasing policy for the Competitive Bid Process has been included in your agenda. The Bid was posted on October 1, 2002 and bid notices were sent to fifty-two (52) vendors. The Bid opening was held on November 22, 2002, proposals were received from Villa and Son's, Inc., Hannula, Inc and Valley Crest. Valley Crest's proposal was considered non-responsive because they failed to include the required bid bond. Staff has evaluated the proposals and included in your agenda is a comparison of Villa and Son's proposal for Phase II and the Phase I proposal from Valley Crest who was the low bidder for that Phase. This comparison was calculated based on the price per square foot with staff comments as to the applicability of the this form of analysis. GENERAL PROJECT ITEMS: The amount bid for Phase II is comparatively low and it is likely the apparent low bidder included some of the cost of these items elsewhere in the bid. For example, the Phase I bidder included mobilization costs in the bid, which allows the bidder to recoup these mobilization costs early in the job, however the Phase II bidder did not include any funds in the bid for mobilization, which indicates that this cost is included in other line items in the bid. Additionally, the cost of the Maintenance of Traffic amount is low for Phase II, and in practice, the cost of the Maintenance of Traffic plan for Phase II should be relatively consistent with the U.S. 41 Median Landscape January 28, 2003 Page 2 1611 cost of the Phase I bid. This difference has caused Purchasing to request from the apparent low bidder, the proposed Maintenance of Traffic plan, to insure that the plan meets the requirements of the Collier County Ordinance. Overall, we would expect the cost per square foot for General Project Terms to be substantially higher for Phase II over Phase I. SITE DEMOLITION, PREPARATION AND DISPOSAL Consistent bids - no additional analysis required INSTALLED SITE MATERIALS If reviewed on a per square foot basis, these items account for approximately $17,500.00 in total costs over the total costs for Phase I. Although no specific reasons can be provided in this evaluation, a general statement can be considered that some of the actual costs of the General Project Items are in all likelihood included in these Installed Site Material line items. PLANT MATERIALS If reviewed on a per square foot basis, these items account for approximately $27,200.00 in total costs over the total costs for Phase I. The review of these line items do not lend themselves to a per square foot review, and are better reviewed based on the unit prices of the materials themselves. In reviewing the bids, based on the unit prices for Phase I and Phase II, the bid prices are consistent, and generally in line with the unit prices we would have expected for Phase II. Additionally, we noted that the design of Phase II is slightly denser than Phase I, and Phase II includes approximately $5,000.00 in Foxtail Palms, which are not included in the Phase I area. IRRIGATION MATERIALS If reviewed on a per square foot basis, these items account for approximately $78,490.00 in total costs over the total costs for Phase I. The review of these line items do not lend themselves to a per square foot review, and are better reviewed based on the unit prices of the materials themselves, and most importantly, the actual design of the irrigation system required for the Phase II. In reviewing the unit cost prices for each of the items, in aggregate, the unit prices are consistent, and generally in line with the unit prices we would have expected for Phase II, with the exception of the underground electrical service feed and associated wiring and conduit. The contractor has been requested to provide an analysis of this cost, and staff will provide the Board with the contractor's analysis, once this item is received. Additionally, the design of the Phase II project is consistent with Phase I, and although the total square feet is substantially lower for Phase II, the length of the project is similar, and therefore the actual length of the irrigation main is similar for both phases, and with the substantial difference in the width of the median for Phase II, the design required the use of spray heads, which increase both the number of heads required for Phase II, and a corresponding increase in cost. 1611 U.S. 41 Median Landscape Phase I and II Comparison Phase I Phase II Difference Valley Crest Villa Betweem Proiect Area ScI. Ft. 154638 54450 Phase I & II Project Area Acres 3.55 1.25 I. General Proiect Items Payment and Performance Bond $1,300.00 $1,300.00 Mobilization $18,378.11 ($18,378.11 ) Maintenance of Traffic $42,561.33 $6,000.00 ($36,561.33) As-built Plans $948.79 $500.00 ($448.79) 90 Day Warranty $3,000.00 $3,000.00 Sub-Total $61,888.23 $10,800.00 ($51,088.23) Sub-Total Cost/Scl. Ft. $0.40 $0.20 ($0.20) II. Site Demolition, Preparation and Disposal Remove Existing Soil $15,557.06 $12,020.00 ($3,537.06) Quantity/Unit Cost 2986 $12.60 1 $12,020.00 Remove Existing Asphalt $14,500.20 $95.00 (:$14,405.20) Quantity/Unit cost 780 $2.90 1 $95.00 Remove Existing Curbing $3,463.92 ($3,463.92) Clear & Grub Existing Material $1,584.09 ($1,584.09) Sub-Total $35,105.27 $12,115.00 ($22,990.27) Sub-Total Cost/Scl. Ft. $0.23 $0.22 ($0.01 ) III. Installed Site Materials Off Site Topsoil Installed & Graded $11,160.75 $211.00 ($10,949.75) Quantity/Unit Cost 1941 $5.75 10 $21.10 Planting Bed Rototilling $4,330.00 $4,330.00 Quantity/Unit Cost~ Royal Palm Mix Installed ' $2,096.00 $1,240.00 ($856.00) Quantity/Unit Cost 80 $26.20 20 $62.00 II Tree's Shrubs & Ground Cover Soil Mix !i $20,970.51 $12,375.00 ($8,595.51 ) Quantity/Unit Cost l ~ 1749 $11.99 300 $41.25 Install FDOT Type '%" Curb & Gutter ($72,636 *) $0.00 * Quantity/Unit Cost 6670 $10.89 Decorative Pavers Sand Set $6,637.78 $1,050.00 ($5,587.78) Quantity/Unit Cost 1346 $4.93 150 $7.00 Mulch $31,572.06 $19,430.00 ($12,142.06) Quantity/Unit Cost 663 $47.62 290 $67.00 Asphalt Paving $2,852.28 ($2,852.28) Quantity/Unit Cost 1668 $1.71 Excavation and Removal of soil/Limestone $120.00 $120.00 Quantity/Unit Cost 10 $12.00 On-site Cut and Fill per plans $5,400.00 $5,400.00 Quantity/Unit Cost 1 $5,400.00 Sub-Total $75,289.38 $44,156.00 ($31,133.38) Sub-Total Cost/Scl. Ft. $0.49 $0.81 $0.32 · Curbing Deleted for Comparison Purposes 1611 Phase I Phase II Valle}, Crest Villa IV. Plant Materials Live Oak $23,089.20 $12,700.00 ($10,389.20) Quantity/Unit Cost 40 $577.23 20 $635.00 Florida Royal Palm $16,013.20 $4,880.00 ($11,133.20) Quantity/Unit Cost 40 $400.33 8 $610.00 Cabbage Palm $6,121.17 $6,408.00 $286.83 Quantity/Unit Cost 33 $185.49 36 $178.00 Foxtail Palms $5,076.00 $5,076.00 Quantity/Unit Cost 12 12 $423.00 Cassia $8,971.17 $6,262.00 ($2,709.17) Quantity/Unit Cost 39 $230.03 31 $202.00 Allamanda $7,369.60 $1,850.00 ($5,519.60) Quantity/Unit Cost 1120 $6.58 250 $7.40 Bougainvillea $15,770.25 $6,474.00 ($9,296.25) Quantity/Unit Cost 1935 $8.15 830 $7.80 Muhly Grass $4,018.50 $4,018.50 Quantity/Unit Cost 570 $7.05 Spider Lily $1,164.15 $1,164.15 Quantity/Unit Cost 117 $9.95 Indian Hawthorne $4,388.40 $5,281.25 $892.85 Quantity/Unit Cost 636 $6.90i 625 $8.45 Juniper $18,823.201 $9,234 001 ($9,589.20) Quantity/Unit Cost 2728 $6.90 1140 $8.10 St Au~ustine-Floritam Sod $19,631.70 $6,357.69 ($13,274.01 ) Quantity/UnitCost 65439 $0.30 23547 $0.27 Sub-Total $120,177.89 $69,705.59 ($50,472.30) Sub-Total Cost/Sq. Ft. $0.78 $1.28 $0.50 V. Irrigation Materials Irri~lation System Source $2,400.00 $2,400.00 Quantity/Unit Cost 2 $1,200.00 2" Backflow Preventer $1,517.56 $3,950.00 $2,432.44 Quantity/Unit Cost 2 $758.78 2 $1,975.00 0-1000 PSI Pressure Gau~le $158.70 $170.00 $11.30 Quantity/Unit Cost 2 $79.35 2 $85.00 Motorola MR5000-1 16 Station Controller $872.26 ($872.26) Quantity/Unit Cost Motorola Scorpio V-2 16 Station Irri~ation System $872.26 $1,900.00 $1,027.74 Quantity/Unit Cost 1 2 $950.00 Hardware ,connections and all materials $4,585.36 ($4,585.36) Quantity/Unit Cost 2 $2,292.68 Bermad 910-P 2" valve $1,298.28 $1,600.00 $301.72 Quantity/Unit Cost 2 $649.14 2 $800.00 Rain Sensors - Weather Station $137.33 $420.00 $282.67 Quantity/Unit Cost 2 $210.00 6" class 150 Sleeves $19,074.00 $8,250.00 ($10,824.00) Quantity/Unit Cost 600 $31.79 275 $30.00 ($1.79) ,; ( V. Irri~lation Materials- Con't) Phase I Phase II Valley Crest Villa 4" Sleeves $4,525.00 $4,525.00 Quantity/Unit Cost 181 $25.00 2" Class 150 Pipe $1,900.80 ($1,900.80) Quantity/Unit Cost 160 $11.88 $0.00 3" Class 200 gasketed Main Line $31,405.75 $28,736.25 ($2,669.50) Quantity/Unit Cost 6725 $4.67 5925 $4.85 2.5" Class 200 gasketed Main Line $960.50 $960.50 Quantity/Unit Cost 226 $4.25 Irrigation main line blow off points $818.88 $380.00 ($438.88) Quantity/Unit Cost 4 $204.72 4 $95.00 0-100 PSI pressure gauges $670.08 $510.00 ($160.08) Quantity/Unit Cost 8 $83.76 6 $85.00 Red & White 3" Gate Valves $2,047.32 $750.00 ($1,297.32) Quantity/Unit Cost 11 $186.12 6 $125.00 Nelson 7644 1" Quick Couplin~l Valve $3,472.80 $2,760.00 ($712.80) Quantity/Unit Cost 30 $115.76 23 $120.00 Nelson 7641 Quick Coupling Valave $403.90 $300.00 ($103.90) Quantity/Unit Cost 7 $57.70 6 $50.00 Toro 220-227x5.25:220 $7,683.20 $9,165.00 $1,481.80 Quantity/Unit Cost 32 $240.10 39 $235.00 Toro XP3408-00-02 $13,107.68 ($13,107.68) Quantity/Unit Cost 272 $51.1 5 Toro 570Z-PRX-12P, Toro 570PRX $18,416.92 $19,698.00 $1,281.08 Quantity/Unit Cost 626 $29.42 588 $33.50 Toro 570Z-PRX-06P, Toro 570PRX $6,130.50 $6,130.50 QuantitT/Unit Cost $30.50 Toro FB-100PC, 1GPM or FB-50-PC $995.94 $924.00 ($71.94) Quantity/Unit Cost 66 $15.09 44 $21.00 Green Reflective Marker $446.08 $620.00 $173.92 Quantity/Unit Cost 64 $6.97 62 $10.00 Underground Electric ServiceFeed $22,000.00 $22,000.00 Quantity/Unit Cost 2 $11,000.00 Install Electric Wiring & Conduit $1,000.00 $1,000.00 Quantity/Unit Cost $5.00 Sub-Total $109,885.10 $117,149.25 $7,264.15 Sub-Total Cost/Scl. Ft. $0.71 $2.15 Total $402,345.87 $253,925.84 ($148,420.03) Total Cost/ScI. Ft. $2.60 $4.66 $2.06 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING ~ES'GN AND PERMITTING January 10, 2003 1611 5679 STRAND COU~I' NAPLES. FLORtDA ~4 ~ ~ C F~O(, 239 594 2025 P~NE: 2~ ~4 ZOZI Mr. Kyle Lukasz Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 SENT VIA FAX 597-S400, 2 pages Re: Seagate Culvert Data Analysis Proposal, H&M File No. 12078 Dear Kyie: As requested, we are providing you with this proposal which is for task 1 of our November 21, 2002 proposal to analyze the flow data which you have collected at the Seagate culverts. This task will include reducing and analyzing the data but will not include the analysis necessa~, for estimating the importance of the flow through the culverts, both with and without the one-way flow valves, as related to the Clam Pass tidal prism and Clam Pass stability. The scope of services under item I of our original proposal is to: Tabulate velocities from current measurements provided by PBSD staff and compute flow volumes for ebb and flood tides, for both spring and neap tide conditions. It is assumed that PBSD staff will provide the invert elevations and dimensions of the culverts. Based on a preliminary review of the data, the scope of work for this task includes: 1. Sorting and verifying the data from the five sets of data regarding direction of flow, It will be necessary to coordinate with PBSD staff to verify the following: a. Direction of flow for all the data. b. Complete reduction of elevation data c. A general verification of some of the values in the field notes. 2. Determine the cross sectional area of flow in each of the three culverts using the invert elevation of the pipe and the water elevation data for cases when the culverts are flowing at less than a full pipe. 3. Estimate an average cross section flow velocity from the measured velocity for each data point using typical flow parameters for the type of culvert. This will be based on the assumption that the measured velocity is approximately the maximum value within each culvert for each data point. Page 1 of 2 1611 4. Compute incremental flow volumes from each data point and time interval, and a total flow volume for each ebb or flood tide in the data set. 5. Results wild be provided as tabulated data, flow volumes, and the flow volume totals. Additional Services: Estimated Cost ................. $3,500 1. Attend a meeting to discuss the results. Estimated Cost ................. $ 600 Total budget ...................... $4,100 Professional Services will be billed monthly on a basis of percentage complete, and under the terms of the attached Fee Schedule and Standard General Conditions for Professional Services Contracts, dated January 1, 2002. Should you require any additional services such as field data collection, meetings, and presentations, such services will be billed on a time and materials basis in accordance with the attached fee schedule. If this is agreeable to you, please provide us with wdtten authorization to proceed. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Page 2 of 2 Pelican Bay Services Division Board December 4, 2002 1611 Mr. Roellig stated, "1 have not heard any feedback on the letter to the County from Mr. Vlasho". Mr. Ward stated, "The way it was left at the last meeting is that this Board wanted to see the final draft before it had been sent". The letter enclosed in your Agenda Package is the final draft and if it is approved by you, that is what will be sent. Mr. Bawduniak asked, "How many cubes to the ton of sand are we getting"? Mr. Roellig replied, "A rule of thumb is that a cubic yard of sand is approximately a ton and one half". The problem we have is how wet or dry the sand is. The sand is being purchased by the ton. Mr. Bawduniak stated, "It runs 3-1/2 tons per foot on the average and I wondered what that converted to in volume". Mr. Hall replied, '~/e actually worked it out and it turns out to be 1.3 tons per cube". Mr. Roellig moved, seconded by Mr. Bawduniak andI approved unanimously to send the letter to the Board of I County Commissioners regarding the Board's concurrence with the request of Vanderbilt Beach for a proposed Vanderbilt Lagoon restoration project by the U.S. Army Corps of Engineers. PROPOSAL FOR THE EVALUATION OF THE SEAGATE CULVERT DATA Mr. Ward explained, "Normally I would just proceed forward with this, but you had indicated that you wanted this processed through your Board. Since Mr. Humiston is in the audience, I will put him on the hot seat and let him defend his own Proposal. Mr. Humiston explained that there has been an ongoing debate about whether or not the valves should be removed from the Seagate culverts. Mr. Lukasz has asked us on a number of occasions for a recommendation, which we have been reluctant to provide because it is a very complicated and dynamic system the way it is interconnected through the culverts and Clam Pass as well. The Proposal that we have provided to you is to do the work that we feel needs to be done in order to make a firm recommendation as to whether or not the valves should or should not be in place and to be able to generate a report back to this Board. There are a number of tasks that need to be done in order to do that and there is quite a bit of data. Mr. Lukasz's staff 5068 Pelican Bay Services Division Board December 4, 2002 has collected water elevations and velocity data, both before and after the valves had been removed. That data has been collected on a complete tidal cycle for both the spring and neap tide conditions. This is a lot of data and, in addition to that, once all of that data has been analyzed, we want to correlate it with the flow coming through the inlet. There are some analytical tools that are available for analyzing the equilibrium cross-section of an inlet to see whether or not the flow through the culverts diverts enough of the tidal prism from the bay system to adversely affect the natural stability of the inlet. We don't think that is the case, but we now have the data that can be analyzed and a recommendation can be made from that analysis. Mr. Carroll asked, "When would you have something"? Mr. Humiston replied, "We have all of the data and could probably produce a report within ninety days". Mr. Brown asked, "Did you recommend the flap gates"? Mr. Humiston replied, "No, that was a recommendation that was made by Mr. Tackney before we were involved in the project". Mr. Tackney was the engineer involved in the overall Clam Bay Management Plan. Mr. Werner stated, "This appears to me to be just a waste of money". Mr. Humiston was unenthusiastic about putting the flap gates on to begin with. Mr. Humiston replied, "Mr. Tackney did an analysis and his recommendation was based on that analysis". Our feeling, when we became involved in this project, was that the dredging of the inlet was going to make some very significant changes in the flow through the system. We felt it would be better to complete the dredging and see how that would improve the flow in the system and at that time evaluate the culverts to see whether or not the valves would be appropriate. Mr. Werner stated, "1 don't think this work is necessary, unless Mr. Ward can put it in layman's terms as to why he feels it is necessary". Mr. Ward replied, "Mr. Hall put it very eloquently to me privately and that was that the analysis will conclusively determine whether the flap gates are good or bad and whether to put them back on or to leave them off". 5069 Pelican Bay Services Division Board 1611 December 4, 2002 Mr. Carroll asked, "Mr. Ward, are you suggesting that we proceed"? Mr. Ward replied, "If you want to make the determination conclusively that the Seagate flap gates ought to be on or off, this is the report that will provide you that information". If we want to leave it as an open item, it will remain as an open item. Mr. Roellig stated, '~/e have the data and we should at least make some type of analysis of the data we have". After that analysis we can decide whether or not to go to the next step. If the data shows that there is a significant difference we can look at that and then move forward. Since we have collected the data, at least a small portion of the work could be accomplished. Mr. Sutphin stated, "One of the pictures showed flow through the culverts and wasn't that what we wanted to achieve by removing the valves"? Mr. Hall replied, "Yes, we wanted to get flow through there, but we also want to ensure that the velocity of the flow going to the south is not high enough to adversely affect the pass". Mr. Sutphin asked, '~/Vould the analysis of this data provide us with that information"? Mr. Hall replied in the affirmative. This Proposal is meant to determine how the flows through those culverts affect the pass. Mr. Sutphin asked, "If the conclusion is that the flow is too great, the valves go back on, is that what this is about"? Mr. Hall replied, "Then most likely the valves would go back on". However, if the flap gates do have to go back on I would recommend not replacing the valves that were used previously because they did not allow sufficient flow. Mr. Sutphin asked, '~/Vould we then spend more money for different valves"? Mr. Hall replied, "Possibly". Mr. Werner stated, "The purpose of the valves was to prevent the water from flowing north to the south through the culverts". To study it now just does not make sense to me. Mr. Roellig stated, "The flow is much greater now and we need to see what the water flow is doing". Mr. Hall stated, "There is always a biological and engineering component to both sides of the issue, but from the biology of the sea grasses, the more water movement we have through 5070 Pelican Bay Services Division Board December 4, 2002 1611 that area, the better those grasses are going to do". The water is not going to stagnate and it is going to keep moving and everything in the system is going to do better. I prefer the way it is right now, with the valves off and the water free flowing, but I can't predict how that is going to affect the pass. If there is too much water going out of the system that could adversely affect the pass, which means instead of being on a three or four year maintenance dredging schedule, it may be a two year schedule. Mr. Domenie stated, "1 seem to remember people commenting that one of the reasons that the flaps weren't working was because the head on the south side was not high enough to open the valves, but there always was a head of water to open the valves". That would indicate that without the flap gates you would get a free flow to the north. Mr. Hall replied, "We do get flow in both directions right now". The question is, how much is going north and how much is going south and what impact does that have on the pass? Mr. Domenie asked, "Do we have any commitment with the City of Naples". We received the approval from the City of Naples to remove the flap gates, but did we take on any commitments as to measuring the water flow or do we have to report to them the results of removing the flap gates"? Mr. Hall replied, "No". We had said we were going to monitor before and after the removal, but there is no commitment to come up with any type of a report to the City of Naples. Mr. Roellig stated, "1 am opposed to collecting data and putting it on a shelf". I would like to see some minimal proposal to at least analyze the data that we have collected. It was quite an expense to collect the data and it is ridiculous if we don't analyze it. That would be just throwing the effort away. Mr. Humiston stated, "The purpose of the valves in the first place was that when the tide is rising in the Gulf of Mexico, it goes up in Venetian Bay at approximately the same rate". On a rising tide you have water flowing into Clam Pass and also water coming in through the culverts. A vast majority of the water that gets into the system comes in through Clam Pass because it is much larger than the culverts. On the falling tide the opposite occurs and most of the water goes out Clam Pass and some of it flows through the culverts. The more water you have going in and 5071 Pelican Bay Services Division Board 16 J 1 December 4, 2002 out of Clam Pass the more stable the pass will be. If you divert some water through the culverts, then you reduce the velocity of the pass and it is more likely to shoal in. The question is, how much of an affect of the flow through the pass do the culverts actually make. The reason for putting the flap gates on would be that it would prevent water from flowing south out of the pass on a falling tide. All of the water in the bay system would go out the inlet. On the incoming tide, water coming in the inlet would fill up the bay and there would also be water coming in through the culverts, so there would be a larger volume of water available on the falling tide to scour out the inlet. Mr. Domenie asked, "Where will the money come from to pay for this study"? Mr. Ward replied, "Your Clam Bay Budget". II Mr. Brown moved, seconded by Mr. Werner and approved II j on a motion of 5/3 to table the data analysis as an open item I~ I and not spend $16,000. Those casting the dissenting votes I~ L were Messrs. Roellig, Carroll and Staros. J Mr. Roelllg moved, seconded by Mr. Werner and approved I~ on a vote of 7/1 that only the data that was collected be I~ analyzed to determine the volume and duration of the flows I~ through the Seagate culverts, at a cost not to exceed $2,000. I~ Mr. Brown cast the dissenting vote. J Mrs. Kaye Potter - Mangrove Action Group - This has been a wonderful presentation and I have one question. On my daily walks to the beach I see a very large sandbar building up in the middle of the pass. It appears as if it is going to be a real problem and seems to grow every day. I can't believe that we can go very long without dredging. The reports seem to indicate that we can go a couple more years before we have to dredge, but I would like to head it off before the pass really closes. Mr. Hall stated, "The cross-sectional data that we collect is done quarterly". I will let Mr. Humiston respond to that since he will be the person to make the recommendation on when we need to dredge. 5072 Pelican Bay Services Division Board 16ll December 4, 2002 Mr. Humiston replied, "Your observation is accurate and the sand does accumulate just inside the entrance to the inlet". If you look at the dredging plans, that was an area that was dredged quite a bit wider than what the natural channel is and acts as a sink because sand will continue to come in the inlet on each incoming tide. There is nothing you can do to stop that, but by over-dredging the area inside of the inlet, there is a lot of room to store sand before it accumulates to the point that it restricts the flow of the channel to the point that it would reduce the cross-section at the entrance. That is a storage area where sand could build up for hopefully three to four years before we would need to dredge again. ADMINISTRATOR'S REPORT CAPITAL PROJECTS GULF PARK DRIVE TO PELICAN BAY BOULEVARD (NORTH ENTRANCE) Mr. Ward stated, "The Gulf Park Drive to Pelican Bay Boulevard Program is a completed project at this time". U.S. 41 BERM IRRIGATION & LANDSCAPE IMPROVEMENTS Mr. Ward stated, "We are starting at the North Pelican Bay Boulevard entrance and working to Gulf Park Drive". The irrigation is in progress and the landscaping is scheduled for January 2003. COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS Mr. Ward stated, "The sidewalk overlay and repair project is underway". The work is completed on Gulf Park Drive and bio-barrier is presently being installed along Ridgewood Drive. That program will be ongoing for the next three to four months and the overlays will be performed later in the year, which in Transportation vernacular means just before September 30th of next year. CROSSWALKS Mr. Ward stated, "You have probably noticed, from Transportation's perspective, the crosswalks are completed at this time". We had some delays in the shipment of materials for the signage, so there are presently some temporary signs along the boulevards to deal with the 5O73 MANGROVE.ORG Date: January 13, 2003 To: Kyle Lukasz cc: Dr. Alan Varley From: Bob Riley - Tel: 321.431.6595 Subject: Encased Methodology - Mangrove Planting A site survey was performed on December 11, 2002. Survival of the plantings using Riley encased methodology is 76%. Approximately 40% of all encased plants have grown above the encasements and many of the reds are developing prop roots. The current stage of plant growth, in both species, is consistent with previous project deployments of encased methodology. The current healthy and developing encased plants consists of 240 red (Rhizophora mangle) and 60 black (Avicennia germinans) mangroves. Of the 401 encasements originally set, 394 remain; seven encasements are missing. Following are Photos 1 through 4 taken during this survey. Photos 1 and 2 are of red and black mangroves, respectively, which have grown above the encasements. Photo 3 was taken after cutting away an encasement to expose prop root development (highlighted in red pen). Photo 4 shows the continuing proliferation of white mangroves along the trenches that were excavated subsequent to the encased planting. As previously noted, the original mangrove ecosystem was made up of predominantly red and black trees; however, the trenching, as evidenced by the photo, has introduced almost exclusively white seedlings. This raises the question whether the trenching is effecting a mangrove restoration or a mangrove transformation; that is, transforming an area that was a red and black mangrove system to one dominated by whites. In summary, the current encased plant development and overall success is rated as good. The survival rate of blacks is less than what would normally be anticipated. I believe that the original planting elevation became too high due to the subsequent trenching. At this point, the surviving blacks have established root systems, which should make their continued development less affected by water level variations. The next site survey is tentatively scheduled for May 2003. In the mean time, please contact me if you have any questions or if you observe any adverse environmental changes at the site. 1 of 3 MANGROVE.ORG 1611 Photo 1 - Encased red mangrove. Photo 2 - Encased black mangrove. 2 of 3 MANGROVE.ORG 1611 Photo 3 - Prop root development on red mangrove. Photo 4 - White mangroves recruiting along excavated trench. 3 of 3 ~ ~ 1611 iii~,',i~: i i 1611 1611 · --' ---=~,,,= ag .c::: .~. o: o_~ 0 t'D U~' -_' :::~,.,.,,~, L , .~o .-, .~ ...~ P, on~::r~ g ~ o~o~ <~o~ 1611 CLAM BAY SUB-COMMITTEE MINUTES- January 14, 2003 Naples, Florida 1611_ LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, January 14, 2003 at 3:30 P.M. at The Pelican Bay Services Division Field Office, 6200 Watergate Way, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke Mr. John Domenie Mr. George Werner ALSO PRESENT: One (1) Pelican Bay resident; Ms. Kara Cave, Turrell & Associates; Mr. Ken Humiston, Humiston & Moore Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Department Director, Pelican Bay Services Division; and Mrs. Barbara Smith, Recording Secretary. AGENDA o Roll Call Approval of Minutes of the September 12, 2002 Meeting Seagate Culverts Humiston and Moore Proposal for Analysis of Tidal Flow Data Improvement Projects Hydrographic Monitoring Mangrove Water Level Monitoring Dune Restoration Restoration Planting Interior Channel Mapping Audience Participation Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show all members present. APPROVAL OF MINUTES OF THE SEPTEMBER 12~ 2002 MEETING Mr. Werner moved, seconded by Mr. Domenie and approved unanimously, the Minutes of the September 12, 2002 Meeting. VANDERBILT LAGOON STUDY Mr. Roellig stated, "1 have talked with Mr. Smith of Collier County and learned that the County Attorney and the attorney for Vanderbilt Beach are talking about what type of letter they are going to need in order to initiate the Vanderbilt Lagoon Study". Even though a few months have passed since we sent our letter, it appears that they are a long way from getting a request to 236 Clam Bay Sub-committee January14,2003 16 I 1 the Corps of Engineers to start a Vanderbilt Lagoon Study. The attorney's have to decide on the type of letter and then, of course, it has to be placed on an Agenda for the Board of County Commissioner's approval. If they would agree on a letter today, it would be another month before the study would even be requested. It appears to me that the Vanderbilt Lagoon study is not going to happen for quite some time. Mr. Ward stated, "That is not a problem". Mr. Roellig replied, "It is not a problem, although we moved along to try to keep in front of it, but we did not know that it would not leave the gate at all". Mr. Domenie asked, "Our letter did go out, didn't it"? Mr. Ward replied, "Yes". Mr. Werner asked, "Are you intimating that we are ahead of the gun with this hydrographic monitoring study"? Mr. Roellig stated, "1 believe it is underway, but I am somewhat surprised that the County has not moved forward with at least the study request at this point". It is certainly out of our hands and all of the sudden there does not appear to be a driving force behind it. The reason we went with the hydrographic monitoring study was because we wanted to stay a couple of steps ahead of the Vanderbilt Study, but we didn't expect it not to get started. Mr. Domenie stated, "1 thought that part of the information was basically incidental to our hydrographic study because the hydrographic study covers the entire mangrove area and this was only one small part of it". We had decided to go ahead with it in any case because it would be beneficial for us to know what is going on, before somebody else does. Mr. Roellig stated, "The other reason was that we wanted to get our information together before they got too far down the road". Mr. Werner stated, "1 don't see any reason to reconsider that decision". Mr. Domenie asked, "Has our $80,000 study been started"? Mr. Ward replied, "Yes, that is well underway". 237 Clam Bay Sub-committee January 14, 2003 1611 SEAGATE CULVERTS Mr. Roellig stated, "The flap gates have been off for quite some time and by just going by and looking at it, that does not tell you much". There does appear to be quite a bit of flow into Clam Bay. One of the things that we want to discuss is the Proposal from Humiston & Moore. 1 was looking for some type of analysis as to whether or not we are getting a net inflow into Clam Bay. Was there any flow velocity or was it strictly run off that you found in the data that was collected? Mr. Lukasz replied, "We took the water level and the velocity". Mr. Domenie asked, "Over how long a period of time"? Mr. Lukasz replied, "Over all of the tidal cycles". Mr. Domenie asked, "On any particular day and was it high tide and full moon"? Mr. Lukasz replied, "It was taken over both tidal conditions and both extremes, during the spring and neap tides". Mr. Roellig stated, "One of the problems we have is that we have a Proposal, but we do not have a breakdown". Is this mostly technician work? Maybe we could discuss the scope of what we are looking for. Mr. Humiston replied, "It is both technician and engineering work and is very similar to the study that we performed two years ago, where we compared the flow data collected by Mr. Tackney". It is similar, but in this case we have quite a bit more data. We now have five sets of data. There is a lot of data that has to be reduced and we would take the flow and velocity data and turn it into volumetric flow data instead of just a maximum flow velocity. We can actually compute flow volumes and know what volume of water is going through the pipes in each direction on each type of tide condition. The computation gets involved because, except on very high tides, the pipe is only partially full so you have to use the geometry of the cross-section to determine an average flow of velocity for that cross-section and that is how we come up with the budget. Mr. Domenie asked, "Do we have three pipes there and are they all the same diameter and elevation"? 238 Clam Bay Sub. committee January14,2003 16 ! 1 Mr. Humiston replied, "They are all the same". Mr. Domenie asked, '~/Vhat is the diameter of the pipes"? Mr. Humiston replied, "1 believe they are 36" pipes". Mr. Roellig stated, "Part of the problem is that the Proposal came in more than what the Board has authorized". I understand we are not negotiating by price. I believe what we are really looking for is some idea as to whether there is a real difference in flow and what is the predominant direction of flow. Mr. Burke asked, "Is our intent with all of this data to determine if the flap gates should be there or not, or that it does not make any difference"? Mr. Roellig replied, "In a sense we are, but the basic problem in my view is, is there a net contribution from Venetian Bay into the Clam Bay System or is there a net contribution from Clam Bay to Venetian Bay"? Obviously if there is a net contribution to Venetian Bay, there is less water going out the pass. We basically want to find out if the amount of water going out the pass has changed significantly, particularly in a negative fashion. Mr. Werner asked, '~Vill this study interact with the Hydrographic Study"? Mr. Humiston replied, '~/Ve will be able to use the results of this information as input into the modeling and it should help us to get a more accurate calibration". Mr. Domenie stated, "You are getting a static of what the situation is today, but if Doctor's Pass gets dredged or if our pass fills in, all your figures are less accurate, is that correct"? Mr. Humiston replied, "If the situation would change I believe the information we have is accurate and it is kind of static for a snapshot in time, but by having this information if there are some other changes, the measurements could be repeated and then we can quantify what the affect is". Mr. moment"? only go out at high tide. open? Domenie asked, "Do you have any idea of the condition of Doctor's Pass at the Some years ago I was going out that pass in a sailboat with a friend and we could Are we measuring at a good time when Doctor's Pass is completely 239 Clam Bay Sub-committee January 14, 2003 1611 Mr. Humiston replied, "1 don't know that for sure, but I believe they dredged Doctor's Pass a year ago". We could certainly find that out from the City of Naples because they monitor that. Mr. Roellig stated, "My understanding is that when it becomes too shallow for navigation, that does not really mean that the cross-section of the entire pass has changed a great deal". I don't know how much of it really impacts the flows in and out of Doctor's Pass. Mr. Domenie replied, "At that time we had to hug the south end of the pass, because the north end was completely filled with sand". That certainly would affect the cross-section. Mr. Humiston stated, "Although there is a shoal at the entrance to the pass causing some restriction, if the remainder of the channel going back into the bay was open, that would not represent as much of a drag on the flow through the inlet". We see the same thing with Clam Pass. The entrance of the pass gets smaller when there is a storm and then it cleans out when the tidal currents flow through it. It is able to do that because the interior is still open and does not restrict the flow. Mr. Roellig stated, "1 don't have any data, but I recall that the thought was that any inflow into Clam Pass would have little percent change in the tidal prism of Doctor's Pass". I don't think there would be a big difference in tidal prism as it affects Clam Pass. Mr. Humiston replied, "There probably wouldn't be and it would depend on the tidal range". Mr. Lukasz has collected that data so we have the tide range data to go along with the current data. If there were some changes at Doctor's Pass that affected the tidal range we should be able to come up with some correlation between tidal range and flow through the culverts. Mr. Domenie stated, "You refer to sorting and verifying the data from the five (5) sets of data". What are the five (5) sets of data? Has this been collected in the past? Mr. Humiston replied, "That is what we have been talking about". The data was collected on both the flood and ebb tide under the spring tide condition and the ebb tide condition". One or two of those was repeated, so there are actually five (5) or six (6) sets of data instead of the four (4) that we had originally anticipated. 240 Clam Bay Sub-committee 16l! January '14, 2003 Mr. Werner stated, "Mr. Roellig, you made the motion at our December Board Meeting which said that the task will include reducing and analyzing the data, but will not include the analysis necessary for estimating the importance of the flow through the culverts, both with and without the one-way flow valves". Was reduce and analyze the data what you wanted them to do? Mr. Roellig replied, "Right". As far as the one-way flow valves, I believe we are in agreement that before the flap gates were removed there was very little flow due to only one culvert flowing. Mr. Domenie stated, "At the December Meeting we approved an expense of $2,000, which was a figure that was kind of an estimate pulled out of a hat". In effect, is this $4,100 substituting for the $2,000? Mr. Ward replied, "It is substituting for both the $8,000 and the $2,000". It is a new proposal that removes some of the services that were originally contained in the $8,000 Proposal. There was never a $2,000 proposal on the table. Mr. Roellig explained, "The Board did not see fit to go along with the $17,000 proposal and this was the compromise". Mr. Werner stated, "1 remember this well because I made the second to Mr. Roellig's motion". You used the $2,000 figure and I believe if you had said $4,000 there would not have been a problem. It was an estimate. Mr. Roellig asked, "Do we need to go back to the full Board to ask for the $4,000"? Mr. Ward replied, "Yes, this was a motion of that Board". Mr. Roellig replied, "1 don't have a problem with that". We have a good understanding of what is being proposed and I believe it is what we are looking for. Mr. Werner asked, "Does this Committee want to go back with a recommendation to the Board"? Mr. Ward stated, "1 would advise you to make a recommendation one way or the other". 241 Clam Bay Sub-committee January 14, 2003 1611 Mr. Domenie stated, "1 would recommend that we recommend the $4,100 be used in place of the $2,000". This work is not only going to substitute for the $2,000, but we are going to get additional data and it is going to tie in with the Hydrographic Study. Mr. Roellig stated, "1 have a gut feeling that those flap gates are never going to go back on". Mr. Domenie stated, "Unless this data is entirely different than what we anticipate, we can sell the flap gates to somebody." Mr. Werner stated, "1 will second that motion based on the fact that it is going to contribute additional data for the hydrographic modeling". II Mr. Domenie moved, seconded by Mr. Werner and approved II I unanimously to make a recommendation to the full Pelican I~ I Bay Services Division Board for acceptance of the $4,100 I~ L Proposal for the Seagate Culvert Data Analysis. J Mr. Roellig asked, "Are we on schedule as far as the monitoring effort"? Mr. Humiston replied, '"We are in the initial stages and we are working on that". The first thing that had to be done was the collection of the data and we now have hydrographic data for the entire bay system. We are incorporating that data into a grid that the model runs on. We are in the process of loading the model and getting all of the input into it so that we can start performing the hydrodynamic runs. It is very preliminary right now and we have no results. Mr. Roellig asked, "Will the model be complete in April or May"? Mr. Humiston replied, "1 believe that is right". HYDROGRAPHIC MONITORING Mr. Roellig asked, "Have we monitored the pass and surveyed the cross-sections"? Mr. Lukasz replied, "That will be done in May". Mr. Werner asked, "Is the $80,000 referred to as Hydrodynamic Modeling"? Mr. Roellig replied, "Right". MANGROVE WATER LEVEL MONITORING Mr. Roellig reported that the mangrove water level monitoring was ongoing. 242 Clam Bay Sub-committee January 14, 2003 1611 Ms. Cave of Turrell & Associates reported that four of the loggers are in place and they still need to be surveyed. We hope to be done with that next week. The fifth logger is going in the die off area and we are waiting to go out with the surveyors to install that particular one in order to coordinate the best spot for the surveyors and us to be able to get in and get an accurate survey. We will probably start out with having them log every hour in the beginning and then possibly cut back to four times a day or so once we see where the changes are. INTERIOR CHANNEL MAPPING Mr. Roellig stated, "1 believe in our schedule that we have some channels scheduled to be dug starting in January, but the interior channel mapping is complete". Mr. Ward replied, "No, we are not doing any channels until after the hydrodynamic modeling has been completed". Mr. Domenie stated, "1 heard Ms. Worley make a presentation where she indicated that there were many canals in the die off area that are dead end". Mr. Lukasz replied, "A lot of the channels tie into other channels". All of the channels that I have seen may run into another channel and not necessarily into the Bay". Mr. Domenie stated, "1 don't care when the channels were dug, but for the ones indicated in dark blue, you have to hold the map in a certain light to be able to see them". I was looking for the channel that was dug at the north end of the berm. Mr. Ward replied, "We will get the survey print". Mr. Domenie asked, "Do you have a large scale map in the office"? Mr. Lukasz replied, "Yes". Mr. Roellig asked, "Are we intending to maintain the channel in the north area"? Is it Mr. Lewis's proposal to do that? Mr. Lukasz replied, "Leaving the channels open into the cattail area was discussed". Mr. Roellig stated, "Some people thought the channel caused a lower water level into Pelican Bay and I don't know if that it true or not". Mr. Lukasz replied, "It puts more water in there". Unless you had a very high tide and the water would sheet flow, no water would get back in there. 243 Clam Bay Sub-committee January 14, 2003 161 1 Mr. Roellig stated, "If for some reason it never gets enough fresh water in there to flow out, a Hydrodynamic Model will tell us that". Mr. Lukasz stated, "There is a channel at both the north and south end and this was done intentionally to help increase the flow". DUNE RESTORATION Mr. Roellig reported that the dune restoration was completed quite some time ago. What is the status on the planting and irrigation? Mr. Lukas replied, "1 have a price of $.74 a plant". The plan requires 2,100 plants for our area and 1,500 for the restoration, which was done in front of the Commons and I have spoken to Mr. Kinney about this". I spoke with the contractor who installed the sea oats and he said that as long as there is a capillary zone that holds moisture, within three or four inches of the surface, you would not have to install irrigation. Mr. Roellig asked, "How does this work out dollar-wise"? Mr. Lukasz replied, "You are looking at approximately $2,000 for our plantings and less that $1,500 for the Foundation's work". Mr. Roellig stated, "It is under what we had in the budget as I recall". Mr. Lukasz replied, "Yes". As soon as we confirm that the capillary zone is there, we can move ahead with the plantings. Mr. Domenie asked, "Should we wait until the rainy season"? Mr. Lukasz replied, "The contractor said that would not be necessary". The problem with waiting for the rainy season is that you are then into turtle nesting season. RILEY ENCASEMENT METHODOLOGY - MANGROVE PLANTING Mr. Ward reported that we just received Mr. Riley's Report and it is being distributed to you. Mr. Roellig stated, "This is interesting, but it turns out that the volunteer growth has been more than sufficient for our needs", tt could have been done for nothing. Mr. Werner replied, "That is true, but this was another effort to make things grow". 244 Clam Bay Sub-committee 16Jl January '!4, 2003 Mr. Domenie asked, "Isn't most of the natural re-growth along the channels that were dug"? These encasements were in a plot. Mr. Lukasz replied, "Yes, but there were seedlings that have popped up throughout the area". years". Mr. Roellig asked, "How long have these seedlings been in"? Mr. Lukas replied, "They were planted in December, which would make it a little over two Mr. Werner stated, "Mr. Riley raises the issue that maybe we are transforming rather than restoring the system and one from red and black mangroves to perhaps one dominated by white mangroves". What is the difference and does anybody care? Mr. Ward replied, "They are green, they grow and it is a mangrove". I am not sure I care. Mr. Werner asked, "Ms. Cave, do you care"? Ms. Cave replied, "That question needs to be asked of Mr. Hall". Mr. Hall would be better qualified to answer that question since he has been working with the system for a longer period of time". Mr. Roellig stated, "1 would like to have Turretl & Associates provide us a shod analysis of this issue". I am not asking for anything critical, but something that could answer that question in a short memo. I believe that would be a part of Mr. Turrell's job as the Project Manager. Mr. Domenie stated, "Mrs. Potter has always been here and attends ail of our sessions and once or twice has spoken up". It is not my goal to embarrass you in any way, but what is your personal impression of some of the things we have discussed? Do you feel we are going in the right direction or completely haywire? How does the Mangrove Action Group feel about the activities of the Pelican Bay MSTBU? If you say no comment, I am willing to understand that. Mrs. Potter replied, "Thank you for giving me an out". I would love to say no comment because I do not know as much as you gentlemen do and I don't have access to your records. We are very grateful to the Sub-committee for doing this work. If it weren't for you gentlemen, I believe the mangroves would have been overlooked. We are just supporting your efforts and trying to keep the public aware. As you know people can get all riled up over one part of an issue 245 Clam Bay Sub-committee January 14, 2003 1611 and then they drop it. It is just too bad that mangroves die. It is just too bad that we have big black spots in the overall canopy. People see them from their balconies and get very distressed about it. This is why I believe our Annual Meeting is so important; it gives people an overall picture and this is the only time they get that overview. If they had more knowledge they would be more understanding. I do pray that you suffer them kindly, as know they do try your patience. Mr. Burke asked, "Are we paying Mr. Riley for anything that is going on or was he paid up front"? Mr. Ward replied, "The original Purchase Order was issued for Mr. Riley's work in the amount of $24,400". In December 2000, we paid approximately $14,490 and $3,300 in September 2003, for a total of $17,800. That is all we have been billed so far under the $24,400 Purchase Order. Mr. Burke asked, '~Nas there some hope that eventually this would work and Mr. Riley could come in and seed the entire area"? Mr. Ward replied, "At the time we did this, it was pretty bad out there". There was nothing growing and we had no ideas. This was an idea to try to replant that area and if it worked, because of the high water levels, we might be able to go in and do more. That was the test that was done. It appears to have worked relatively well for what it was intended to do. The channels were another idea, which appears to have worked very well also. Both ideas have worked extremely well. Mr. Burke stated, '~/Vhen you look over that area I don't know what is growing down there, but it appears a lot better than it did a year and one half ago". Mr. Domenie replied, "It is mostly Battis". Mr. Ward stated, "It looks good, but the mangrove seedlings are spread out". Around the channels new growth is quite dramatic and you see a lot of mangrove seedlings throughout that system. It seems to me that the big concern now is some of the big die off areas that are further south throughout the system that were identified in your Annual Report. 246 Clam Bay Sub-committee January14,2003 16 I 1 Mr. Domenie asked, "Should we go in the new die off areas and plant seedlings rather than wait for the entire area to die"? Mr. Ward replied, "1 will ask Mr. Hall that question and if he feels we should do it, we will have it done". Mr. Wemer stated, "1 believe Mr. Hall wants to make sure of what is causing the problem before we go that route". Mr. Ward stated, "1 believe I asked Mr. Hall that question before and I recall his answer being that it probably would not be a good idea". He does not want anybody tramping around the mangroves in that location. My memory is starting to fail, but I will ask him that question again. Mr. Roellig stated, "Along the South Boardwalk there are a lot of dead trees, but there is a lot of new growth in the under story". The ground is well covered with juvenile mangroves. Mrs. Potter stated, "The~e are some areas where nothing is growing". There is just a muddy floor with a lot of umbrella-type red mangrove roots. It is right in between two areas that are growing and why that one area won't grow is a big question. From above it looks fine because it is still green on top. Mr. Werner asked, "Did you talk this over with Mr. Hall when you have talked with him"? Mrs. Potter replied, "Mr. Hall has said that it is being monitored". There is also an infestation of a fungus growth and also a beetle in that area. Mr. Ward stated, "Mr. Hall has indicated that the fungus is indicative of weak plants". It is on those trees that are weak looking along the South Boardwalk and there is some in other areas not along the Boardwalk. Mr. Domenie stated, "Picture three shows prop root development on the red mangrove and the encasement is gone". Do we go around and pick up those encasements as they pop open? Mr. Lukasz replied, "We would remove them if we found them laying on the ground and not being used any longer". Mr. Ward stated, '~/Ve do not go in there as a matter of course and pick them up". Walking in there makes it worse. 247 Clam Bay Sub-committee January i4, 2003 1611 Mr. Roellig stated, "It is my attitude that this Sub-committee does not need a regular schedule for meetings and should meet as topics come up". We have gone about the maximum amount of time between meetings this round because it has been about four months since we have met. Do other members have any feelings on that? Mr. Domenie stated, '~/Ve have to rely on Mr. Ward and Mr. Lukasz to inform us of major developments or new information that should come to this Board". If there is nothing new to report there is no reason for the Sub-committee to meet. Mr. Ward stated, "1 would like to meet more often than every four months and I think the holidays got in our way over the past couple of months". We will try to schedule things as appropriate. We are getting to the point in this Hydrodynamic Analysis, that I want to make sure that the consultants are on time and on track to get this project completed and get drafts of these reports to us that we can review them for preparation and presentation to you and the full Board. I have made it abundantly clear to the consultants that I want to make sure that we get this done on time and to you for your consideration this year, in time to handle our budget considerations. Mr. Roellig asked, '~Vhen does the budget start"? Mr. Ward replied, "It starts in May". Mr. Roellig stated, "With that timeframe we would need to have another meeting in April". Mr. Werner stated, "That last thing you want to do is meet if you don't have anything to meet about". That takes up a lot of valuable time, not to mention our own. Mrs. Potter asked, "If you don't have regular meetings, how will you compile a Sub- committee Report for the Board Meetings"? We rely on progress reports and I hope you are planning on progress reports. Mr. Roellig replied, "In the past I have reported on significant developments which have occurred between meetings". Progress Reports have been a part of our meetings and will continue. Mr. Werner stated, "Mr. Hall would normally handle the updates for the Board". I don't see any particular reason for him updating our Sub-committee and Board if there is no action to be recommended. Mr. Turrell is the Manager of this project. 248 Clam Bay Sub-committee 1611 January ~4, 2003 Mrs. Potter stated, "If the studies show something different, you have to hop on it very fast and change a lot of things". Mr. Werner stated, "That is when a Sub-committee meeting would be called". Mr. Domenie stated, "Don't forget every month we get the financial report that indicates by line what has been done and what still has to be done". That in effect is an update and even though it is financial, it does represent work that has been done over the last month or so. Mr. Ward stated, "The primary focus this year is the Hydrodynamic Model and the results of that". Winter is normally slow for us because that is data collection time and the consultants are putting together the beginnings of that report. It will speed up a little as we get out of the winter months. Mr. Werner stated, "1 don't mind meeting once a week if we have to, I just don't want to meet and sit here with nothing to discuss". ADJOURN There being no further business the meeting adjourned at 4:25 P.M. Mr. David Roellig, Chairman 249 COl IJFR ('OIrNTV PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THREE (3) MONTII~ ENDING DFC'EMBER 1611 GENERAL FUNDS Rcx'cflue Interest Income Plan Review Fee Income Imerfnnd Transfers Miscellaneous Income Assessment or Ad-Valorem '/ax Levy Unappropriated Fund Balance Total Revenue Other Fees & Charges Property Appraiser 'Fax Collector Rc~.enue Rese~'e Total Other Fees & Charges NET REVENUE[] Xppropriations - Personal Services Personal Serx ices - Admin. Personal Ser-,,ices - Field 1-ntai Personal Services 't ppropriations - Operations Mlministration Indirect Cost Reimbursements t }thor ('ontractual Serv ices Fclephone - Sen ice Contracts lelephonc- Direct lane i'o,tagc. I reight & Rent - Buildings Rcm - Equipment I case Ptmrchase Dell Compulers hlsurmlcc - (icncral i);m~ Processing - R&M Printing or Binding - Outside Vendors t 'lcrks Recording I-'c~s. Etc. t c~al .kdvc~ising Reimbursement lbr Prior Year Revenue ~ )t'ficc Supplies - General Copying Charges Minor ~ )II,cc Equipment ( ',~mputcr Sofixvare {)tl~cr l'raining & Educational Exp. i )thor ()pcraling Supplies Total Administration Fiehl Sera'ices lhlgineering & Consultants l lcrm & 5;~x ale Mainlcmmcc kVatcr Qualit5 Fcsting Ptan Rex icxx Ncrx ices kk aier I :sc Charges Replanting Program Water Community. Street Total Rev/Exp F.Y. 2003 Management Beautification Lights Securi~ Thru. Dec. $601 $9,103 $1,424 $1.824 ;i- $o $o $o $o ~ $0 $0 $0 $0 ~-~ $1 $3 $2 $0 :~!~ $436.688 $1.104.482 $165.222 5337.126 $0 $0 $0 $0 ?~ $437,291 $1,113,588 $166,648 Prorated Dec-02 Favorable Budget Unfavorable $12.952 $75,300 $18,825 ($5,873) $0 $5,000 $1,250 {$1.250) $0 $0 $0 $0 $6 $0 $6 $0 S2.043.518 $2.651.000 $2,041,270 $2.248 $0 $330,520 $0 $0 $7.453 $22.734 $538 $7,607 $23.216 $3.344 $0 $0 $0 S338.949 S629 $6.790" $15,061 $45,951 $3,882 $7,42{t $422,23{} $1,067,638 $162,766 S331,530 ,i:) S2,056,476 $3,061,820 $2,061351 ($4,875) $31.355 $54,100 $31,355 $0 $40.958 $82.000 $40.958 $0 $0 $139.500 $0 $0 S72313 S275,600 $72313 S0 S1,984,163 $2,786,220 $1,989,038 ($4,875)1i $14.970 $15.217 $7,870 n/a $37,820 $230.971 $7.120 n/a $38.075 $127,600 $31,900 ($6.175) $275.912 $848.900 $212.225 ($63.687) $52,799 $246,189 S i 4,999 $55,950 $0 $4.950 n/a $3.960 $4.935 $3.96t} n/a $84 $84 $72 n'a $521 $521 $326 n/a $171 $144 $1(I,1 $2.605 $2.684 S2.6(15 n/a : $138 $138 $138 n/a $278 $0 qll $3,000 $500 $400 n,a $0 S0 q ) n,"a $0 $0 50 n,'a $0 $0 $() n,'a $0 $ / ~1) $40.000 $282 $51 n/a $253 $ 198 St) ,ifa $0 $0 $0 n/a $0 $(I ~l) tl,.a $0 $0 q ) n,'a $0 $0 S~) n/a $80 $0 5~} n.,a " S313,987 S976,500 $244,125 1S69,862) $60,900 $122.600 $60.900 $0 $12.855 $69.000 $17.250 $4.395 $24(} $2.000 $500 $260 $1.369 $10.500 $2,625 $1.256 $410 $13.000 $3.250 $2.83 l $7.894 $23.900 $5.975 ($1.919) 5415 $3.700 $925 $5 l t) $278 $1.200 $300 $22 S3.9()0 $3.900 $975 ($2.925) $() $900 $225 $225 $0 $4,000 $1,000 $1.000 $0 $4.000 $1.000 $1.00o $0 $6.000 $1.500 $1.500 540.333 $40,000 $40.333 $0 $451 $3,500 $875 $424 $0 $1.900 $475 $475 St.) $600 $ i 50 $15 t) $0 $100 $25 $25 $0 $41)0 $100 $100 $89 $800 $200 $111 $107,050 S9,486 S 12 $723 $0 $o $0 SO $4.342 $0 S0 $0 $o $(} $20,133 $0 $9,425 $0 S 129.143 S312,000 $138,583 S9,440 .~. n/a '? $723 $13.070 $3.267 $2.545 na $0 $5,000 $1,250 $1.250 n/a S4.342 $14,000 $3,500 ($842) w.'t $0 $5.000 $1.250 $1.250 n,a , q2 L 133 $95.000 $23.750 $3J'~17 n/a $9.425 $42.300 $10.575 $1.150 Page 1 COLLIER COUNTY PELICAN BAY SERVICES DMSION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR TItREE (3) MONTItS ENDING DECEMBER 31, 2002 1611 GENERAL FUNDS Other Contractual Services Per Diem - Conferences, Schools Motor Pool Rental Charge Cellular Telephone Postage, Freight & Ups Electricity, Trash & Dumpster Fees Rent Equipment Insurance General Auto Insurance Sprinkler System Maintenance Maintenance - Landscaping Autos & Trucks R&M Outside Vendor Fleet Maintenance - Labor Fleet Maintenance - Parts Fleet Maint. Non ISF Boat R&M Other Equipment R&M Printing - Outside Vendors Photo Processing l.icenses & Permits Copying Charges Unilbrm Rental Chemicals Fuel & Lubricants - Outside Fuel & l.ubricants - Inside Minor Operating Equipment Other I'raining & Educational Other Operating Supplies Total Field Services Capital Outlay Capital Expenditures Total Capital Outlay Securit).' Personal Services Other Contractual Services Total Securit3.' Operations TOTAl, APPROPRIATIONS[[ Net Income from Operatkms Fund Balance (t~ 10/I/02 Fund Balance l~ December 31, 2002 Prorated Water Community. Street Total Rev/Exp F.Y. 2003 Dec-02 Management Beautification Lights Security Thru. Dec. Budget S8.431 $61,717 $384 n/a t $70,532 $309,900 $77.475 $0 $198 $0 n/a ~l $198 $0 $0 $0 $166 $0 n/a~ ;~' $166 $0 $0 $346 $366 $335 n/a.~ · $1.047 $5,800 $1.450 $0 $129 $0 n/a' ' $129 $200 $50 $0 $181 $3.442 n/a- $3,623 $31,500 $7.875 $251 $5.208 $0 n/a $5,459 $20.900 $5.225 $230 $2,,782 $0 n/a $3,012 $9.000 $2.250 $1.800 $7.800 $700 n/a $10.300 $10.300 $2.575 $2.800 $5,600 $900 n/a $9,300 $9.300 $2.325 $0 $3.210 $0 n/a $3,210 $20,000 $5.000 $0 $14.936 $0 n/a $14.936 $53.200 $13.300 $0 $0 $0 n/a $0 $1.000 $250 $0 $1.922 $0 n/a $1.922 $7.900 $1.975 $0 $1.440 $0 n/a $1.440 $ i 2.300 $3.075 $0 $0 $0 n/a $0 $2.400 $600 $0 $0 $0 n/a $0 $500 $125 $0 $0 $0 n/a~ $0 $3.000 S750 $0 $0 $0 n/a~ $0 $200 S50 $0 $0 $0 n/a ~ $0 $1 O0 $25 $0 $0 $0 n/a:::~ $0 $1.100 5275 $0 $0 $0 n/a i~ $0 $0 $0 n/a~ ~ $428 $2.015 $0 $2.443 $6.800 $ 1.701} $8.344 $2.679 $0 n/a. _. $11.023 $1 (}7.200 $26.800 $0 $865 $0 n/a ~ $865 $800 $200 $728 $3.322 $0 n~a~ ~- $4.050 $10.200 $2.55{} $12.197 $15.258 $16.207 n/a~! $43.662 $3.300 $825 $0 $510 $0 n/ae~ $510 $1.200 $30O $748 $25.028 $2.298 n/a._~ $28.073 $106.1)00 $26.500 $41.368 $184,889 $24,266 $0 ~ $250,522 $908,470 $227,117 $3.608 $28.321 $3.608 $0 ~ $35.538 $192.150 $48.038 S3,608 $28.321 $3,608 $0¢~ S35,538 $192.150 S48.038 Favorable Unfavorable $217.404 $598.754 $305.457 $680.844 $6.943 tS198~ IS166~ $403 ($79) S4.252 15234~ {$7021 ($7.725~ 156.975} $1.79~ ~$1.636} $250 $53 $1.635 S60o 5125 S750 $50 S25 $275 $0 15743) $15.77 15665} {$1.5/){)} 1542.837) (Sl.5-3} $1.209.046 $0 $1,273.973 $1.015.801) (S23,405) Fund Balance Allocations Reserved tbr Operations Reserved for Capital Outlay $12.500 S 12,500 $0 $0 $0 $0 ~ $0 $0 SI) $0 $0 $0 $45.927~'~ $45.927 $397.101} $90.275 $53.348 $0 $0 $0 $45,927~ $45,927 $397,11}11 S99,275 S53~48 $204,825 $468,884 $55,480 $45,927 !~ $775,117 $2,786,220 $757,138 (S17,979)11 $107.286 $285,602 $141.990 $145.682 S2,483,019 $1,015,800 $522,861 $1,279'598 $249,276 $431,284 $443.261 $1.116,198 $242.476 $42&284 ~ $2.228.219 $371.000 $79.600 $163.400 $6,800 $5.000~ $254.800 $254.800 1522.854~ Notes: Fund Balance at 10/I/02 (actual) includes Reserve for Encumbrances of $50.519.62 FY 2003 Unappropriated Fund Balance Budge! includes $50.519.62 of Rolled Encumbrances and a $40.000 B.A. in Water Management Page 2 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THREE (3) MONTHS ENDING DECEMBER 31, 2002 CAPITAL PROJECTS FUNDS 1611 Revenue Interest Income Miscellaneous Income Inter£und Transfers Assessment or Ad-Valorem Taxx Levy. Unappropriated Fund Balance Total Revenue Other Fees & Charges Property. Appraiser Tax Collector Revenue Reserve Total Other Fees & Charges Appropriations: Engineering 8: Consultants Other Services Capital Outlay TOTAL APPROPRIATIONSI[ Net Income from Operations Fund Balance ~?~ 10/I/02 (Actual) Fund Balance (~) December 31, 2002 Fund Balance Allocations Reserxed For Operations Reserved for Capital Outlay Notes: Prorated Clam Bay Uninsured lrr. & Land. Total Rev/Exp F.Y. 2003 Dee-02 Favorable System Assets ,Analysis Thru Dec. Budget Budget Unfavorable $0 $8.836 $4 $8.840 67,700 $16,925 ($8,085} $0 $0 $491 $491 0 $0 $491 $0 $0 $0 . $0 586,200 $0 $0 $52.097 $0 $~~7.449 $289,546 272,600 $272,600 $16.946 $0 $0 $0 ~: $0 524,304 $0 $0 $52,097 $8,836 $237,944 '~ $298,877 $1,450,804 $289,525 $9,352 $0 $0 $4.205 $4,205 $5,500 $4,205 $0 $1.042 $0 $4.749 -~ $5.791 $8,500 $5,791 $0 $0 $0 $0 !: $0 $ 14.300 $0 $0 $1,042 $0 $8,954 :~ $9,996 $28,300 $9,996 $0 $51,055 $8,836 $228,991 i~ $288,881 $1,422,504 $279,529 $9,352 $24.993 n/a $0 $24,993 $303,464 $75,866 $50,873 $11.384 n/a $46.002 $57,475 $1,119,041 $279,760 $222.285 n/a $0 $0 $0 $0 $0 $0 $36~76 $0 $46,092 ~. $82,468 $1,422,504 $355,626 $273,158 $14.679 $8.836 $182.809 $206.414 $0 ($76,097) $282.511 $437.176 $1.140.277 $400.036 $1.977.489 $1.322.000 $451,855 $1,149,113 $582,935 : $2,183,903 $1~22,000 $451.855 $0 $460.835 $012.690 $0 $0 $1.149,113 $122.100 :~ $1.271.213 $1.322,000 F.Y. 2003 Budget Ibr Fund Balance ,At I 0/I ,'02 tActual) includes Reserve for Encvmbrances of $176.604. F.Y. 2003 Budget fbr Unappropriated Fund Balance includes $I 76.604.16 in Rolled Encumbrances. Page 3 PELICAN BAY SERVICES DMSION CLAM BAY RESTORATION FUND DECEMBER 31, 2002 1611 EXPENDITURES Environmental Consult. Engineering Fees Akerman, Senterfitt, et. al. Lewis Environmental Serv. Tackncy & Associates Wilson, Miller. et. al. Dr. Samuel Snedeker Hilburn Hilstad Turrell Other Expenditures Sub-Total Tidal Creeks 1,2 & 3 Engineering Construction Tackney Turrell Agnoli. Barber & Brundage Engineering Design Tackney Turrcll Agnoli. Barber & Brundage Capital Improvements Sub-Total Clam Pass Main Channel Engineering Construction Tackney Turrell Agnoli. Barber & Brundage Engineering Design Tackncy Turrell Agnoli. Barber & Bmndage Snedaker Capital Improvements Sub-Total Interior Tidal Creeks Engineering Construction WMB&P Turrell Interior Tidal Creeks Engineering Design I.ewis Environmental WMB&P Engineering Consultants Lewis Environmental Capital Improvements Sub-Total F.Y.'s 97-00 F.Y. 2001 F.Y. 2002 F.Y. 2003 Total Exp. Dec. 2002 Budget Budget Budget Budget Budget To Date Balance Expenses $0 $58.040 $145,260 $106,464 $309,764 $218,703 $91,061 $15.403 $207,683 $0 $0 $0 $207,683 $207,683 $0 $0 $78,732 $0 $0 $0 $78,732 $78,732 $0 $0 $86,500 $0 $0 $0 $86,500 $86,500 $0 $0 $69,197 $7,245 $0 $0 $76,442 $76.442 $0 $0 $9,997 $0 $0 $0 $9,997 $9,997 $0 $0 $10,550 $0 $0 $0 $10,550 $10.550 $0 $0 $61.939 $4,562 $0 $0 $66,500 $66.500 $0 $0 $80.481 $146.324 $198.193 $339,978 $764.976 $436.382 $328.594 $8.939 $605,079 $216,170 $343,453 $446,442 $1,611,144 $1,191,489 $419,655 $24,342 $0 $0 $0 $0 $0 $0 $0 $0 $59,000 $0 $0 $0 $59,000 $59.000 $0 $0 $2.796 $0 $0 $0 $2.796 $2.796 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $26.790 $0 $0 $0 $26.790 $26.790 $0 $0 $11.596 $0 $0 $0 $11.596 $11.596 $0 $0 $186.013 $0 $0 $0 $186.013 $186.013 $0 $0 $286,195 $0 $0 $0 $286,195 $286,195 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $79.000 $0 $0 $0 $79.000 $79.000 $0 $0 $5,900 $0 $0 $0 $5.900 $5.900 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $24,980 $0 $0 $0 $24.980 $24.980 $0 $0 $10.000 $0 $0 $0 $10.000 $10.000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $251.530 $0 $0 $0 $251.530 $251.530 $0 $0 $371,410 $0 $0 $0 $371,410 $371,410 $0 $0 $10,990 $0 $0 $0 $10.990 $10.990 $0 $0 $3,000 $0 $0 $0 $3.000 $3.000 $0 $0 $3~,800 $0 $0 $0 $3L800 $31.800 $0 $0 $12.620 $0 $0 $0 $12.620 $12.620 $0 $0 $86.519 $27.692 $0 $0 $114.211 $114.211 $0 $0 $72.978 $47.398 $0 $0 $120.376 $120.376 $0 $0 $217,907 $75,090 $0 $0 $292,997 $292,997 $0 $0 Page 1 PELICAN BAY SERVICES DMSION CLAM BAY RESTORATION FUND DECEMBER 31, 2002 1611 EXPENDITURES Seagate Culverts Engineering Construction WMB&P Engineering Design WMB&P Capital Improvements Sub-Total F.Y.'s 97-00 F.Y. 2001 F.Y. 2002 F.Y. 2003 Total Exp. Dec. 2002 Budget Budget Budget Budget Budget To Date Balance Expenses $8,071 $0 $0 $0 $8,071 $8,071 $0 $0 $12,385 $0 $0 $0 $12,385 $12,385 $0 $0 $88.240 $0 $0 $0 $88,240 $88.240 $0 $0 $108,696 $0 $0 $0 $108,696 $108,696 $0 $0 Ecosystem Enhancements Environmental Consultants $3,750 $0 $82,969 $192,000 $278,719 $96,308 $ ! 82,41 ! $9,590 Other Contractual Serv. $0 $25,198 $35,733 $115,000 $175,931 $60,931 $115,000 $0 Capital Improvements $0 $8,250 $0 $0 $8.250 $8,250 $0 $0 Sub-Total $3,750 $33,448 $118,702 $307,000 $462,899 $165,489 $297,410 $9,590 Fresh/Stormwater Analysis Engineering Fees $0 . $16,980 $0 $0 $16,980 $16,980 $0 $0 Environmental Consult. Fees $0 $0 $0 $0 $0 $0 $0 $0 Tun-ell & Associates $82.500 $0 $0 $0 $82,500 $82,500 $0 $0 Other Contractual Serv. $0 $0 $0 $0 $0 $0 $0 $0 Operating Supplies $0 $0 $0 $0 $0 $0 $0 $0 Capital Improvements $0 $38,8 ! 7 $0 $0 $38,817 $38.817 $0 $0 Sub-Total $82,500 $55,797 $0 $0 $138,297 $138,297 $0 $0 Capital Outlay Improvements General $ i 5,459 $950 $0 $0 $16,409 $16.409 $0 $0 Other Machinery & Equip. $18.713 $0 $0 $0 $18,713 $18.713 $0 $0 Sub-Total $34,172 $950 $0 $0 $35,122 $35,122 $0 $0 Other Fees & Charges Tax Collector $23,041 $0 $239 $100 $23~380 $24,320 -$940 $704 Property Appraiser $8.637 $0 $942 $0 $9,579 $9,579 $0 $0 Revenue Reserve $0 $0 $0 $100 $100 $100 $0 $0 Sub-Total $31,678 $0 $1,182 $200 $33,060 $34,000 -$940 $704 TOTAL APPROPRIATIONS $1,741,387 $381,454 $463,336 $753,642 $3,339,819 $2,623,695 $716,124 Rolled Encumb. which are included in Total Approp. [ $10,242 ACCOUNTS PAYABLE DATE INV. NO. AMOUNT Turreil & Associates 01/01/03 14 $3.419.43 TOTAL INVOICES $3,419.43 [NOTE: WCI THRU 12/31/02 WCI: BILLED TO DATE WCI: PAID TO DATE $1,000,000 $1,000,000 $34.635] Page 2 Memorandum 1611 To; From: Date: Subject: Pelican Bay Services Division Board James P. Ward January 24, 2003 Tram Berm Landscaping Attached for your information are copies of all correspondence and Petitions received to date regarding the landscaping of the Tram Berm. Pelican Bay Services December 23, 2002 Mr. Lou Vlasho, Chairman MS-rBU Board Pelican Bay Services Division 801 Laurel Oak Drive Suite 605 Naples, FL 34108 Re: Planting along the tram berm Dear Lou: Attached hereto are the originals of petitions. ! have been busy decorating the restaurant for Christmas and running a Christmas show at the Sandpiper so ]: have not been able to give the matter my full attention. !t was my intention to start this project after the first of the year but I was concerned that time maybe a problem. In obtaining these signatures what has stuck me is that T have been unable to find a single person who is interested in planting the berm. This should be contrasted with the information given in your annual report which indicated the planting of the be,m was being given enthusiastic support. The silent majority appears to be the 100% majority. Possibly you were led to believe that persons who live in one high-rise were enthusiastic about the small amount of planting carried out adjacent to the North tram station. ! believe this response was made as a contrast with looking at the mess created by the attempted cattail removal. The facts appear to be that every single person who uses ......... I II IIl~l I III II 1611 Page Two the trams are enthralled by looking at the animals including the large variety of birds and have no intention of foregoing this daily or possibly weekly pleasure to look at garden landscaping or between palm trees. The concept that the members would prefer landscaping rather than a panoramic display of wild life is a little beyond comprehension for anyone who ddes the tram or walks the area. I could continue to gain signatures to the petition which are out there but the response has been so overwhelming that it appears to be an unnecessary, make work project to proceed. What should be done with the area is to convert it to attract more animals and the installation of periodic signs to identify the animals and plant life for the benefit of the less educated. This area should be the Pelican Bay wild zoo and botanical garden. Thank you for your consideration of these comments. Yours truly, · Greta E. Laughlin ~ ~ PETITION THE UNDERSIGNED ARE OPPOSED TO THE LANDSCAPING OF THE BERM UTII,tZR. D BY THE TRAMS, AND BELIEVE IT SHOTjLD BE RET~ IN A NATURAL STATE TO PROMOTE THE PRESENCE OF V~/TLDLI~. NAME ADDRESS PETITION THE UNDERSIGNED ARE OPPOSED TO THE LANDSCAPING OF THE BERM UTILIZED BY THE TRAMS, AND BELIEVE IT SHOULD BE RETAINED IN A NATURAL STATE TO PROMOTE TI-IE PRESENCE OF WILDLIFE. PETITION THE UNDERSIGNED ARE OPPOSED TO THE LANDSCAPING OF THE BERM UTILIZED BY THE TRAMS, AND BELIEVE IT SHOULD BE RETAINED IN A NATURAL STATE TO PROMOTE THE PRESENCE OF WILDLIFE. ADDRESS PETITION THE UNDERSIGNED ARE OPPOSED TO THE LANDSCAPING OF THE BERM UTILIZED BY THE TRAMS, AND BELIEVE IT SHOULD BE RETAINED IN A NATURAL STATE TO PROMOTE THE PRESENCE OF WILDLIFE. ADDRESS 1611 PETITION THE UNDERSIGNED ARE OPPOSED TO TI-IE LANDSCAPING OF ~ BERM UTILIZED BY THE TRAMS, AND BELIEVE IT SHOULD BE RETAINED IN A NATURAL STATE TO PROMOTE THE PRESENCE OF WILDLIFE. ADc~DRESS PETITION 1611 THE UNDERSIGNED ARE OPPOSED TO THE LANDSCAPING OF THE BERM UTILIZED BY THE TRAMS, AND BELIEVE IT SHOULD BE RETAINED IN A NATURAL STATE TO PROMOTE THE PRESENCE OF WILDLIFE. NAME ADDRESS f-. C~-~ Co ~ 1611 Mr. Lou Vlasho Chairman of the Board Pelican Bay Services Division 801 Laurel Oak Drive Naples, Florida 34108 Re: Proposed Plan for Berm Beautification January 13, 2003 Dear Mr. Vlasho, We understand that the Pelican Bay Services Division is contemplating spending a large sum of money on "beautifying" the berm. In addition, there has been a portion of the north berm that has been "beautified" as a test of the proposal. After reviewing such initial attempts to modify the berm with additional planting and trees, I would like to express to you my substantial dissatisfaction with this plan. The following are some of the reasons for this dissatisfaction: 1. The use of the plan. tings and trees will obscure the natural life along the berm. 2. The birds and animals will no longer be visible. 3. Blocking this view could impose a danger with respect to allowing animals, including snakes and alligators to hide within the plantings, in a position to attack passersby (for example, people moving off the berm to allow trams to pass or children poking into the shrubs.) 4. Due to these increased dangers, the potential liability of Pelican Bay would be increased, since it could be claimed that this action allowed a dangerous condition to be created where none previously existed. 5. Furthermore, the estimated cost of upwards of $1,000,000 is excessive for the purported purposes. 6. Finally, there would be an increase in the continuous daily labor and upkeep costs and expenses that would be generated from the plan. 7. The initial cost of the project, as well as, the additional continual costs and expenses, including labor costs, should be quantified and brought to the attention of the Pelican Bay residents, and their concurrence requested. We hope that the Board will give this project additional consideration before making any permanent changes. Cc: Very truly ygurs 1505 St. Laurent. Board of Directors, St. Laurent Condominium Association. ST. PIERRE CONDOMINIUM ASSOCIATION, INC. BOARD OF DIRECTORS 1611 1/13/03 Mr. Lou Vlasho, President Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Dear Lou, In order to improve the appearance, health, and natural productivity of the areas adjacent to the berm between the Commons and the North Tram Stop, there are three things the PBSD should seriously consider doing and one it definitely shouldn't. On the east side of the berm fi.om the Sandpiper Tram Stop south to St. Lucia there are a great many trees and large shrubs that were at some time in the past sprayed with an herbicide and killed and left standing. Their trunks and branches lean out over the water and ought to be cut down and taken away. In that same area on the west side of the berm. Mexican pepper bushes have begun to take over the drier area back close to the mangroves. They should be eradicated before they turn the area into a monoculture of pepper bushes. You will have noticed that along the entire length of the berm on its west side from just north of the Commons to the North Tram Stop, the water is rapidly draining away, exposing mud flats and diminishing the living space for all aquatic creatures. The falling water levels are also diminishing food supplies for the wading birds. The alligators have all but abandoned the area. Their presence was once a point of pride and interest for all of our residents. As long as we can keep a sufficient supply of water on the east side of the berm, we may be able to hold onto our otters. But if that water goes, the otters will go with them. What to do? An inexpensive way of holding more water on the west side of the berm would be to fill in the drainage channels to the point where they enter the mangroves. That would let the water build back and go a long way toward restoring the area aesthetically and biologically. Given halfa chance, nature will heal herselt: 6825 GRENADIER BOULEVARD · NAPLES, FLORIDA 34108 ~941) 560-12-[8 · FAX (941) 566-2270 Finally, it would be a terrible mistake to sod the sides of the berm, install a sprinkler systerm and plant trees along it. First and foremost, sodding the banks would prevent the turtles From laying their eggs. Turtles require sand or soft gravel in which to scrape holes and lay their eggs. Once laid, the eggs require hot, dry ground in which to hatch. Sod the banks and you eliminate most of the egg-laying areas available to our turtles. Shade the berm with trees and install a sprinkler system and you lower the ground temperature, raise the moisture level and pretty well prevent the eggs that are laid fi:om hatching. Leave well enough alone. Let the berm remain as it is. Sincerely yours, 1611 1611 1611 MAP OF: PELICAN BAY BERM PLANTING PLAN SHEETS L1 THRU L6 ON FILE IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT 1611 MAP OF: PELICAN BAY BERM PLANTING PLAN - SHRUBS ONLY SHEETS L1 THRU L6 ON FILE IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT FOREST LAKES February. 14~ 2003 1611 8oecd 0¢ (h)unt? ("°mmtSS ioaers I. CALL MEETING TO ORDER Il. ATTENDANCE III. APPROVAL OF MINUTES: January 24, 2003 IV. TRANSPORTATION SERVICES REPORT A. Budget- modification on reporting 1. Details V® OLD BUSINESS A. Update on Proposed Study B. Traffic Calming C. Speed Bump D. Landscaping Plans VI. NEW BUSINESS VII. PUBLIC COMMENTS VIII. ADJOURNMENT The next meeting will be held at Friday, March 7, 2003 AT rnr rosrsr ~s FO R'EST LAKES R{)A !)Vs" A'~' .X N i) DRA ! N A(; E NI. S.T. I . ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY MINUTES OF JANUARY 24~ 2003 me APPROVAL OF MINUTES: Bob Cunningham moved to approve the minutes of December 13, 2002. Seconded by Roger Somerville. Carried 5-0. Vie OLD BUSINESS: A. Update on Proposed Study- Craig Pager from Wilson Miller gave an updated report. Craig handed out a revised 5 Phase Master Plan Approach. (Attached) The Committee is hoping to get the Topography survey done in 45 days and within 60 days they could have a contract wit someone to start wit part of the Master Plan on swale grading. Bob Jones moved to hire Wilson-Miller to get estimates to the County as soon as possible so a Purchase Order can be obtained. Seconded Roger Somerville, Carried 5-0. New Business: A. Acceptance of CLM and Manpower Services Contracts for payment for the Budget Year 2002-2003. Bob Jones moved the Forest Lakes MSTU Drainage & Roadway Committee accept responsibility for payments of the Contracts to Commercial Land Maintenance and Manpower Services for the 2002/2003 Budget year. Seconded Bob Cunningham. Carried 5-0. FOREST LAKES R()AI)\¥:X~~ A N I) I)RA! N A(; E NI.S.'[.I ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL :}4104 MINUTES OF JANUARY 24~ 2003 Ve Bob Jones called the meeting to order at 10:05 AM. ATTENDANCE: Members: Bob Jones, Bill Seabury, Roger Somerville, Bob Cunningham, Virginia Donovan Collier County: Gerald Morris-Transportation Design Operations Others: Tad Kring-Commercial Land Maintenance, Craig Pager-Wilson- Miller, Sue Chapin-Manpower Services, and several residents. (Sheet attached) Gerald Morals would like to add "Invoices" under New Business. APPROVAL OF MINUTES: Bob Cunningham moved to approve the minutes of December 13, 2002. Seconded Roger Somerville. Carried 5-0. TRANSPORTATION SERVICES REPORT: A. Budget- modification on reporting 1. Details - Gerald Morris reported the new SAP System is not 100% up and running so will have the Committees Budget next month. This system will be easier to read. He will get a Basic Budget before the next meeting and get to the Committee as soon as he can. OLD BUSINESS: A. Update on Proposed Study - Gerald introduced Craig Pager from Wilson-Miller to give an updated report: -Mr. Pager stated he drove around the development to get acquainted with some of the problems they are concerned about. He saw several areas with drainage problems: One was due to roots from trees acting like a dam, which need to be dug out. Another area is in the parking lot that goes down and has landscape plantings, again acting as a dam in which a yard drain can be put in to drain so there isn't a pond of water. - He met with Bob Jones to gather data for the immediate areas that needs to be addressed. - Need to get input from the citizens to prioritize the concerns to address quickly, gather the data and make a list. 1611 Bob Jones stated they need to check the elevations of the water tables and levels of the lakes and drains. Topography needs to be done. The pipe under the road at Lake//5 is one of the areas of concern Bob Cunningham talked about the swale on//4 hole. The water goes to the street. In the Fairway behind his home a couple of pipes go from the street underneath, back to the swale and then to the Golf Course. The water sits and doesn't drain out properly. Roger Somerville summarized the problems with all 6 lakes and feels a pump station should be installed. Mr. Pager told the Committee he can not comment on the solutions to these problems until all the data is gathered. Gerald Morris responded to questions the Committee members had at the last meeting. He addressed them with Jerry Kurtz and received these answers: - Addressing the tides -the flood gate at the Parkway is really a back flow check valve to keep salt water out. - The problems in Forest Lakes are caused, in the area itself and not somewhere else. The Gordon River is draining the best it ever has. The problem isn't the backing up from the Gordon River - it is taking the water out of Forest Lakes Communities. Bob Cunningham stated from the above statements that there is no tide flow affecting the water situation in which Gerald said was correct. Right-of-ways are needed - for a long term improvement of the canal to the Gordon River for an overall plan to correct Storm Water Management. The pipes, in some cases, are below the water table and will always have water in them. Need a study so they know where and how to proceed. Craig Pager handed out a revised 5 Phase Master Plan Approach. (Attached) He covered the 5 phases with the Committee. He stated he prioritized them according to what he was told and what he heard at the last meeting. He does not have a breakdown of cost estimates until he meets with Gerald in a week ad will advise which items can be prioritized and decide what approach the Committee wants to take. In speaking with Craig earlier Bob Jones mentioned he indicated the Topography survey could be done in 45 days and within 60 days they could have a contract with someone to start with part of the Master Plan on swale grading. 2 1611 Craig commented that was correct for Phases 1 & 11. Wilson-Miller needs to submit a Contract to the County for their review, approve it and get a Purchase Order. Once they have the Purchase Order they can do the digitized Topography survey within 45 days. They can then proceed from there in gathering additional information and all the necessary tools needed to formalize a final plan. As soon as Gerald has costs from Wilson-Miller he will take it to the proper County staff for approval and move ahead. Gerald received an E-mail from Daniel Hall, Kyle Construction, that they will be providing a change order to enclose the ditch in front of the Club House at Forest Lakes. Craig and Gerald Morris will look at the area and determine the feasibility. (Attached) Bob Cunningham wondered if they needed to take the Master Plan and estimates to the Board of County Commissioners and wait for a meeting etc. which could take several months. The Committee wants the Master Plan to move forward as soon as possible. Gerald will get approval as soon as he gets costs from Wilson-Miller. A lengthy discussion was held on the water flowing from the canals and the Gordon River. Everyone knows the water has to be taken off the Golf Course. Bob Jones moved to hire Wilson-Miller to get estimates to the County as soon as possible so a Purchase Order can be obtained. Seconded Roger Somerville. Carried 5-0. Craig will look at that area and see what needs to be done. Gerald introduced Tad Kings from Commercial Land Maintenance. Tad handed out pictures of some of the areas maintained. On the east side of the property behind Target they have removed the Brazilian pepper trees. They remove any debris cut by them immediately. It was noted Florida Power & Light has recently trimmed some trees and trim on a regular basis. Commercial Land Maintenance has blown out all the culverts on a monthly basis and bi-weekly during the summer. They use round-up when necessary and a weed-eater where necessary. They do not do excavating. They do maintenance of any plants and take care of any horticulture debris that would block an area. Their tool of choice in the beginning was a chain saw and now just chemicals and weed-eaters. They have hauled out 4 truckloads of debris. Bob Jones asked about the trees on Naples Bath & Tennis property and approaching them concerning their trees. A resident from Fairways of Emerald Greens stated a few years ago they had approached Naples Bath &Tennis about taking care of the trees over the fence. Naples Bath & Tennis told them it was their trees but they had no money to maintain or take care of the trees or Brazilian Pepper trees. They had been very uncooperative. Emerald Greens spent $4,000 to clean & cut the trees. Naples Bath & Tennis stated it was Emerald Greens responsibility since it was hanging on their side of the property. Gerald will check on the situation and get information for a recommendation to the Committee at the next meeting. Brazilian Pepper trees must be removed if a complaint is made. Traffic Calming - Gerald showed the Committee a police radar gun that can be used in the development. It is a hand held unit that can be used on the dash of a car. License numbers can be taken and given to the Sheriffs Department. They can give the information back to the Committee so the information can be given to the particular community of the perpetrators residence. Gerald suggests a team of three persons at a time. He will check with the County Attorneys office on one person being a Board member and two volunteers because of the Sunshine Law. The Committee should ask for volunteers from each community. The Reader Board educates the drivers as to the speed they are going. This will be set up in Forest Lakes in February. The radar gun educates the residents of who is causing the problem. Bob will contact Gerald for the use of the Radar Gun for 6 days when they have it set up with the different teams le by a Board Member. Speed Bumps - Discussion followed on the speed bump put in 3 feet from another speed bump on a private road. It was done by a resident that possibly felt offended of persons not stopping at a stop sign. It was noted Ernie Carroll knows the resident that installed the speed bump. Bob Jones was under the understanding the Golf Course bought the property so they would take responsibility of correcting the problem. Bob will check on it. D. Sprint Plans - Bob Jones has spoken with Mrs. Moores of Forest Lakes who had spoken with Sprint. Sprint informed them they would provide funds for the landscaping if Mrs. Moores group would maintain it. The land belongs to the Club and would like Sprint trucks to park in the back so the Landscaping can be maintained. Bob Jones would like to have Bob Petersen work with the Club and Mrs. Moores on trimming the trees and some proposals for landscaping the area. Sprint has, in the past, cut out shrubs, tore up irrigation heads etc. Bob would like to see the area beautified now that Sprint has finished the replacing of the equipment in that area. 4 NEW BUSINESS: A. Acceptance of CLM and Manpower Contracts for payment for the Budget year 2002-2003. Bob Jones moved the Forest Lakes MSTU Drainage & Roadway Committee accept responsibility for payments of the Contracts to Commercial Land Maintenance and Manpower Services for the 2002/2003 Budget year. Seconded Bob Cunningham. Carried 5-0. Letter - Bob Jones read a letter received from 5 residents along hole//8 swale concerning stagnant water sitting in the swale. These people live on Forest Lakes Drive where work was done during summer Storm Water Management. (Attached) VII. PUBLIC COMMENTS: -Joe Dunn on Forest Lakes Drive - commented that everyone is doing a good job and the Committee wants to get things done as soon as they can, but he still has water on his lanai and doesn't see anything happening. For three years Joe Dunn had this problem and sand bagged his lanai. Virginia felt with the pipe installed this fall between the 2 areas and the lake, the problem should be taken care of. He has not had water this past month. Bob Cunningham responded that the Committee had a budget of $90,000 a year and used it to the best they could. The $90,000 didn't go far and the Committee has made decisions to use it to fix the problems they could at the time. Now they have more funds to hire an Engineering Firm and Contractor to address the concerns and problems and resolve them. For three years Joe has had this problem and has even sand bagged his lanai. Virginia felt with the pipe installed this fall between the 2 areas and the lake the problem should be taken care of. He has not had water this past month. Everyone hopes the problem has been taken care of. -Janice Bundy, a resident from the Fairways at Emerald Greens was wondering if the traffic calming effort had anything to do with the noise caused by motorcycles. They are not allowed in Forest Lakes. There are several in the rented housing unit, Belvedere Apartments. She also asked about the beautification of the Forest Lakes entrance and the signage for Quail Run Country Club. She is hoping the foliage won't be too high as not to see the drivers when entering Pine Ridge Road. Traffic signs were discussed with possibly a "Yield" painted on the pavement at the Forest Lakes Blvd. entrance. The lane crosses each other causing confusion. 5 Gerald will meet with Craig Pager/Wilson Miller and Bob Jones for a drive-around to make a list of concerns and issues to be considered during the engineering study. ADJOURNMENT: Roger Somerville moved to adjourn. Seconded Bob Cunningham. Meeting was adjourned at 11:57 AM. The next meeting will be held crt lO:00 AM. Friday, Febnmry 14, 2003 AT THE FOREST LAKES CLUBHOU.~E 6 1611 Forest Lakes MSTU - Drainage and Roadway Master Plan Five Phase Approach Phase 1 - Inventory existing conditions and Phase 1 Improvements 1. Obtain existing records of drainage and roadway design 2. Evaluate existing conditions 3. Prepare engineering design drawings for immediate solutions (Phase 1 Improvements) Phase 2 - Digital Aerial Photography Phase 3 - Obtain digitized aerial photography of the subdivision that can be used to produce one- foot contours within the subdivision to an accuracy of three (3) inches. Review aerial Photography for potential immediate work Design immediate work projects Topographic Survey Perform topographic survey of 1.1. 1.2. Lake inter-connect pipes and outfalls documenting invert elevations and pipe/structure sizes Driveway culverts in single family area documenting invert elevations and pipe sizes 1.3. Swales along golf course Phase 4 - Drainage Modeling 1. Develop a drainage model 2. Evaluate various drainage solutions 3. Recommend additional drainage facilities that should be installed in order to improve existing drainage 4. Prioritized recommended improvements in order of cost-effectiveness 5. Prepare a long-range plan for deployment of recommended improvements 6. Engineering design of Improvements Phase 5 - Roadway Inventory 112412003-116344 Vet: 02~- CPAJER CA~43 O0075-N02-01F- EPRE- 26472 1/24/2003 morrl~_~ From: Sent: To: Cc: Subject: HallDaniel Tuesday, January 21,2003 4:19 PM morris_g ordonez_j Forest Lakes 1611 Gerald, Kyie Construction will be providing a change order to enclose the ditch in front of the club house at Forest Lakes. forward it to you when we receive It. Thanks. Dan 2800 North Horseshoe Drive Naples FL 34104 phole: ~,.~03-2398 fax: 239/213-2916 The Enterprise Zone Development Agency meeting was hel~~dh~ja~,, January 22, 2003, at the Habitat for Humanity Office on N. Ninth Street, Immokalee, FL 1611 Officio and Ex-Officio members in attendance: Fred Thomas, Jr., Vice Chair Clara Ayala Mark Baker Denise Blanton Floyd Crews Charlie Esquivel John Kirchner A1 Neuman Benny Starling Dora Strickland not in attendance: Raymond Holland, Chairman Jerry Hubbart Ira Malamut Ann Olesky Tony Sanchez Guests attending staff attending (all Planning Services) Aaron Blair Randy Cohen Tom Tomerlin Helene Caseltine Roll Call - Fred Thomas, as Vice-Chair, called the meeting to order at 11:30am; Helene did the roll call; a quorum was present. EZDA Board Members' term expirations Helene stated that seven board members' terms will be expiring in April, and had applications available to those who were interested in being re-appointed Approval of Minutes from December 4, 2002 Dora Strickland made a motion to approve the minutes from 12/4/02; secOnded by Kirchner; approved unanimously. Copies }o: EZDA Meeting 1/22/03 Page two Zone Activity 1611 Local Business Participation: Collier Retread · Helene stated that Collier Retread had applied for a business equipment sales tax refund in the amount of approximately $400. 4. Old Business (none) New Business Resolution of Support - Enterprise Zone proposed legislation Helene explained the 2 pieces of legislation. Denise Blanton made a motion to approve; seconded by Floyd Crews; approved unanimously 6. Adjourn As there was no further business to discuss, the meeting was adjourned at 11:40 a.m. The next EZDA meeting date will be Wednesday, March 26, 2003. Respectfully submitted: Helene Caseltine, CEcD Economic Development Manager Collier County Planning Services Department 1611 2800 North Horseshoe Drive Naples FL 34104 phone: 239/403~i~t fax: 2B9/~z1~3-2916 Hal~s ,L/J/ Henr~m~_ ~/' E~~~CNE DEVELOPMENT AGENCY MINUTES OF DECEMBER 4, 200~ EZDA MEETING The Enterprise Zone Development Agency meeting was held on Wednesday, December 4, 2002, at the Habitat for Humanity Office on N. Ninth Street, Immokalee, FL Officio and Ex-Officio members in attendance: Raymond Holland, Chairman Fred Thomas, Jr., Vice Chair Denise Blanton Floyd Crews Jerry Hubbart A1 Neuman Ann Olesky not in attendance: Clara Ayala Mark Baker Charlie Esquivel John Kirchner Ira Malamut Tony Sanchez Benny Starling Dora Strickland Guests attending Dottie Cook, Empowerment Alliance staff attending (all Planning Services) Aaron Blair Tom Tomerlin Susan See Helene Caseltine Roll Call - Raymond Holland called the meeting to order at 10:30am; roll call had been previously taken during the Redevelopment Advisory Board meeting, with the same members in attendance; a quorum was present. Approval of Minutes from September 26, 2002 Fred Thomas made a motion to approve the minutes from 9/26/02; seconded by A1 Neuman; approved unanimously. Zone Activity Local Business Participation: Harvest for Humanity _ - Helene stated that Harvest for Humanity submitted appli~htions for sales tax refunds o~ building materials for a total of approximately $25,000 ~ (i~,, She also reported that a representative from the American Red Cross was interestedlin applying as a sponsor under the Community Contribution Tax Crelfl~Pr.ggram.~ ~! ~ EZDA Meeting 12/4/02 Page two 1611 Old Business EZ Annual Report Raymond reminded the board members that copies of the Immokalee EZDA Annual Report were included in their meeting notice package of materials. Helene added that the Governor's Annual Report for EZ activities statewide will most likely come out in January 2003, and that she will make copies available to all EZDA board members. 4. New Business none 5. Adjourn As there was no further business to discuss, the meeting was adjourned at 10:35 a.m. The next EZDA meeting date will be Wednesday, January 22, 2003. Respectfully submitted: Helene Caseltine, CEcD Economic Development Manager Collier County Planning Services Department To: From: Sue Filson, Executive Manager County Commissioners' Office L_ Helene Caseltine[~f'EcD, Economic Development Manager Planning Service§ Department Date: January 31,2003 Subject: EZDA Minutes Attached are the approved minutes from the Immokalee Enterprise Zone Development Agency Board meeting held on 12/4/02. These minutes were unanimously approved by the EZDA Board at their meeting held on 1/22/03. For your information and records, rve also attached a draft copy of minutes from the 1/22/03 meeting, too. Please call me at x2398 if you have questions or need additional information - thanks! /hc Attachments Community Redevelopment Section ph: 239/403-2398 fax: 239/213-2916 16K3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 16K8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 12, 2003 16 9 RESOLUTION 03- 90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(t) OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. WHEREAS, the Collier County Health Facilities Authority (the "Authority") is (I) a body corporate and politic and a special district of Collier County, Florida ("Collier County") created by Collier County Ordinance No. 79-95 duly adopted by the Board on November 20, 1979 pursuant to the Florida Health Facilities Authorities Law ( Part III of Chapter 154, Florida Statutes), as amended (the "Health Facilities Act"), (ii) a "public agency" as defined in Section 163.01, Florida Statutes, as amended, which is titled the "Florida Interlocal Cooperation Act of 1969" (the "Act", and (iii) a "health facilities authority" as defined in the Health Facilities Act, and a "local agency" under Section 159.27(4) of the Industrial Development Financing Act (Part II of Chapter 159, Florida Statutes), as amended (the "Industrial Act"), with the power to issue revenue bonds for the purposes of financing and refinancing a "project" as defined in the Health Facilities Act and the Industrial Act; and WHEREAS, Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, with certain facilities located within the boundaries of Collier and Broward Counties Florida, (the "Interlocal Borrower") and Cleveland Clinic Florida Naples Hospital Non Profit Corporation, a Florida not for profit corporation with facilities located within the boundaries of Collier County (collectively with the Interlocal Borrower, the "Borrowers"), have requested the Authority to issue its revenue bonds (the "Bonds") for the benefit of the Borrowers and to loan all or a portion of the proceeds thereof to the Borrowers to, among other things, (i) refund all or a portion of the outstanding principal amount of the $117,000,000 Collier County Health Facilities Authority Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed), (ii) pay or reimburse the Borrowers for the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring constructing, renovation, rehabilitating and equipping certain healthcare facilities and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrowers, all as permitted by the Health Facilities Act or the Industrial Act; and WHEREAS, in order to accomplish economies of scale and other cost savings, to help reduce or control the costs of providing health care services in Collier County, and to strengthen or enhance the security on the Bonds, the Authority desires to assist the Borrowers by issuing the Bonds; and WHEREAS, in order to accomplish the purposes of the Act, the Authority will enter into an Interlocal Agreement (the "Interlocal Agreement") with the Broward County Health Facilities Authority (the "Broward Authority") to provide for the issuance by the Authority of its Bonds for the benefit of the Interlocal Borrower; and 16K9 WHEREAS, Section 147(f) of the Intemal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and WHEREAS, the Authority caused notice of a public hearing (the "Notice") pursuant to and in accordance with the Code to consider approval of the Bonds and the location and nature of the project to be refinanced with the proceeds of the Bonds (the "Project") to be published on or before January 30, 2003, in the Naples Daily News a newspaper of general circulation in the County, and a copy of said notice being attached as Exhibit A to the Authority Resolution described herein; and WHEREAS, the Authority held a public hearing on February 14, 2003 pursuant to the Notice at which hearing the Authority considered the application and presentation of the Borrows and the comments of members of the public, if any; and WHEREAS, at the conclusion of the hearing the Authority adopted its Resolution 2003-01 (the "Authority Resolution") a copy of which is attached as Exhibit A approving the financing, the issuance of the Bonds, the Interlocal Agreement with the Broward Authority, and recommending the Board of County Commissioners approve the issuance of the Bonds by the Authority in accordance with Section 147(f) of the Code; and WHEREAS, the Broward County Board of County Commissioners will approve the issuance of the Bonds with respect to those portions of the Project that are located within the boundaries of Broward County, Florida by its Proposed Resolution to be considered and adopted March 4, 2003, a copy of which is attached as Exhibit B; and WHEREAS, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interests of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 2 16K9 Section 1. Approval of Issuance of the Bonds. Pursuant to Section 147(0 of the Code, the Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Collier Authority without the further approval of this Board. The Bonds shall not constitute a debt liability or obligation of Collier County, Broward County, their respective Boards of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, Broward County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier or Broward County or any officer of either shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County and that portion of the Project located in Collier County contemplated by this Resolution shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution could have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 25th day of February, 2003. CHI-1336270vl 3 16 49 APproCe~ as t0 fo~ and legal sufficiency: Bavid C. W~gel, County A~ey COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Tom [:tTi~i!rf'g ,~ aih/n an -x~ 2_-2.5----0 3 CHI-1336270vl 4 RESOLUTION NO. 2003-01 Draft 2-11-03 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS COLLIER COUNTY HEALTH FACILITIES AUTHORITY REVENUE BONDS (CLEVELAND CLINIC HEALTH SYSTEM OBLIGATED GROUP) SERIES 2003 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $125,000,000 FOR THE PRINCIPAL PURPOSE OF REFUNDING ALL OR A PORTION OF THE OUTSTANDING PRINCIPAL AMOUNT OF THE AUTHORITY'S HOSPITAL REVENUE BONDS, SERIES 1999 (CLEVELAND CLINIC HEALTH SYSTEM OBLIGATED GROUP) AND TO PAY CERTAIN COSTS INCURRED OR TO BE INCURRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY AND THE BORROWERS; RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AS THE ELECTED LEGISLATIVE BODY OF THE COUNTY APPROVE THE ISSUANCE OF THE BONDS PURSUANT TO SECTION 147 (I') OF THE INTERNAL REVENUE CODE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Cleveland Clinic Florida (A Nonprofit Corporation) ("CCF Florida") and Cleveland Clinic Florida Hospital Naples Nonprofit Corporation ("CCF Naples" and, together with CCF Florida, the "Borrowers"), each a Florida not-for-profit, nonstock membership corporation have applied to the Collier County Health Facilities Authority (the "Authority") to issue a series of its revenue bonds to be designated as Collier County Health Facilities Authority Revenue Bonds (Cleveland Clinic Health System Obligated Group) Series 2003 in an Aggregate principal amount not to exceed $125,000,000 (the "Bonds") to be used to (i) refund all or a portion of the outstanding principal amount of the $117,000,000 Collier County Health Facilities Authority Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), the proceeds of which were originally used to pay or reimburse the Borrowers for the payment of, or to refinance certain prior indebtedness the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping certain healthcare facilities EXHIBIT A TO BCC RESOLUTION (the "Project"), and (ii) pay certain costs incurred in connection with the issuance of the Bonds; and WHEREAS, the Borrowers have requested that the Authority loan the proceeds of the Bonds to the Borrowers pursuant to Chapter 154, Part III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrowers under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Borrowers and promote the public purposes provided in the Act; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing (the "Hearing") on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrowers; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrowers to proceed with the financing and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to 16K9 the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution. SECTION 3. FINDINGS AND DETERMINATIONS. At the hearing, the Authority heard and considered both oral and written presentations by the Borrowers, written evidence provided by Borrowers in advance of the Hearing, and comments of members of the public, if any. The Borrowers were represented at the Hearing by employees of the Borrowers' organization and consultants retained by the Borrowers, all of whom had personal knowledge of the matters about which they testified. The Authority had opportunity to direct inquiries to all individuals present, and members of the public were afforded the opportunity to direct questions to the Authority for response by the Borrowers. Based upon the evidence and testimony presented, the Authority finds as follows: A. In 1999 the Authority issued the Prior Bonds in order to permit the financing by Borrowers of the acquisition, construction, and equipping of certain health care facilities (the "Facilities") in Collier County, Florida (the "Collier Facilities") and Broward County, Florida (the "Broward Facilities") described as follows: 1. The Collier Facilities consist of hospital and clinic facilities located at 6101 Pine Ridge Road, Naples, Florida 34112 and include the following: a. The Collier Hospital Facilities, consisting of a three-story concrete structure of approximately 31,620 square feet to be used for diagnosis and testing, and related equipment, and a four-story concrete structure of approximately 165,700 square feet to provide medical/surgical bed space, and related equipment; b. The Collier Clinic Facilities, consisting of a five-story concrete structure of approximately 174,220 square feet and related equipment; 2. The Broward Facilities consist of Clinic facilities located in Broward County, Florida and include the following: a. The Cypress Creek Facilities, located at 3000 West Cypress Creek Road, Ft. Lauderdale, Florida 33309 and consisting of a clinic; b. The Weston Facilities, located at 3100 Weston Road, Weston, Florida 33326 and consisting of a five-story steel frame structure of approximately 190,417 square feet and related equipment; 16 9 B. The portion of the Prior Bonds for the Broward Facilities were issued by the Authority pursuant to an Interlocal Agreement between the Authority and the Broward County Health Facilities Authority. C. Subsequent to the issuance of the Prior Bonds, the Facilities have been constructed and equipped (or acquired and renovated, as appropriate) and are being operated by the respective Borrowers. D. The Collier Facilities have enhanced the health, safety, and welfare of the residents of Collier County and the State of Florida by the following: 1. The Collier Facilities have expanded the health care facilities and health care choices available to the public; 2. The need for such facilities was evidenced by the issuance of a Certificate of Need by the State of Florida Agency for Health Care Administration, and other state-issued licenses; 3. The Facilities have made available to the public in Collier County and the Southwest Florida area three accredited residency programs (Internal Medicine, Neurology, and Colorectal Surgery). 4. The Borrowers have enhanced medical care for the economically disadvantaged by the following community-related programs: a. Since January, 1999, Florida Clinic has employed and otherwise financially supported the placement of one full-time physician at the Isabel Collier Reed Outpatient Center in Immokalee. b. Florida Clinic provides nursing and physician volunteers to the Neighborhood Health Clinic. c. Florida Clinic is working with Collier Health Services, Inc., Moorings Park, and the Lorenzo Walker Vocational School in the development and funding for an LPN program in Immokalee. d. Florida Clinic is the only Medipass participant in the area. 5. The Collier Facilities have created over 750 new jobs in Collier County. 16 9 E. The Borrowers are non-profit corporations whose sole member is the Cleveland Clinic Foundation. The Cleveland Clinic Foundation was established in 1921 and has been recognized as one of the leading healthcare providers worldwide. In a recent survey of hospitals, the Foundation was ranked third overall nationally, and first in heart and heart surgery, and in the top five in six other specialties including urology, digestive disorders, kidney disease, neurology and neurosurgery, orthopedics and rheumatology. Fo The Prior Bonds carry an investment grade rating by a nationally recognized rating agency. G. The Prior Bonds are not in default. H. The purpose of issuing the Bonds is to refund the Prior Bonds and to provide for additional capital expenditures of approximately $9.4 million for the Broward Facilities. I. The primary benefit to the public from the issuance of the Bonds is a more secure debt structure and enhanced financial strength as follows: 1. The Bonds will be secured and enhanced by the issuance of letters of credit by certain banks, currently projected to be JPMorgan Chase Bank and Bank of America, N.A. or UBS AG. The unenhanced and unsecured credit rating of the Obligated Group is A1 (Moody's) and A+ (Standard & Poor's). With the letters of credit, it is anticipated the Bonds will have a rating of . 2. The Bonds are being issued as part of an over-all refinancing of the debt structure of the Obligated Group which will reduce interest rate risk by reducing the amount of variable rate debt, taking advantage of currently low interest rates. All members of the Obligated Group, including the Borrowers, will benefit from the reduced risk. 3. The average life of Obligated Group's indebtedness is being extended to better equalize and match debt service and asset lives. J. The Bonds will be payable from revenues of the Borrowers and other members of the Obligated Group and other payments as described in the financing documents and will be secured by letters of credit. The Borrowers presented evidence to demonstrate that the revenues and other payments pledged to the payment of the Bonds will be sufficient to make the payments required by the Bonds. K. The Bonds will carry and investment grade rating from a nationally recognized rating agency. 16 9 L. The issuance of the Bonds, which includes bonds to refund portions of the Prior Bonds that were issued on account of the Broward Facilities, has been approved by an interlocal agreement between the Broward County Health Facilities Authority and the Authority. M. The Bonds will not be a debt or obligation of Collier County, Broward County, any municipality within either County, the State of Florida or any agency thereof, and will be payable solely from revenues and other payments related to the Facilities, and adequate provisions have been made to inform investors of those facts. N. The Collier Facilities are located in the unincorporated area of Collier County and were constructed in accordance with applicable Collier County codes and regulations. There are no pending or alleged violations of County regulations. SECTION 4. APPROVAL OF THE FINANCING. This financing by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrowers meeting the conditions set forth in this Resolution to the sole satisfaction of the Authority. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and thc Authority hereby determines to issue the Bonds, subject in all respects to thc conditions set forth in this Resolution. Thc rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INTERLOCAL AGREEMENT. The Interlocal Agreement between the Authority and the Broward County Health Facilities Authority (the "Interlocal Agreement"), which shall be in substantially the form thereof attached hereto and marked "Exhibit B" is hereby approved. The Chairman is authorized to execute and deliver the Interlocal Agreement, including such changes therein as shall be approved by the Chairman executing the same, with such execution to constitute conclusive evidence of such officer's approval and the Authority's approval of any changes therein from the form of Interlocal Agreement attached hereto. SECTION 7. CONDITIONS OF APPROVAL. The approval of the financing and the authorization of the Bonds set forth herein is expressly conditioned on 16K9 the following: A. The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") between the Authority and the Borrowers shall, under terms agreed upon by the parties, provide for payments to be made by the Borrowers in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. B. In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of refunding the Prior Bonds or paying the costs of issuance of the Bonds. C. The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, Broward County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. D. Issuance of the Bonds by the Authority shall be contingent upon (I) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue the Bonds for the purposes set forth, (ii) the approval of the issuance of the Bonds by the Broward County Health Facilities Authority and (iii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(0 of the Code. E. The Borrowers shall pay the fees of the Authority, Issuer's Counsel, and Bond Counsel and all of the oat-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds. F. Nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Borrowers agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. 16 9 SECTION 8. RECOMMENDATION FOR APPROVAL BY BOARD OF COUNTY COMMISSIONERS. This Resolution shall constitute a recommendation to the Board of County Commissioners of Collier County for approval of the Bonds pursuant to Section 147 (f) of the Code. The Chairman and General Counsel of thc Authority are hereby authorized to present this resolution at a regular meeting of the Board of County Commissioners and to request a resolution of approval for the issuance of the Bonds. SECTION 9. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of thc Bonds, in accordance with the purposes of the laws of thc State of Florida and the applicable United States Treasury Regulations. SECTION 10. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any rezoning or other land use applications, if any, nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 11. GENERAL AUTHORIZATION. The Chairman and the other officers of the Authority arc hereby further authorized to proceed with the undertakings provided herein on thc part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in this Resolution. SECTION 12. immediately. EFFECTIVE DATE. This Resolution shall take effect ADOPTED this 14th day of February, 2003. (SEAL) COLLIER COUNTY HEALTH FACILITIES AUTHORITY ATTEST: Chairman 16K9 Secretary EXHIBIT A TO RESOLUTION 16~(9 AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING A-1 Naples Daily News Naples, FL 34102 Affidavit of Publication NapLes DaiLy News PICKgORTH, DONALD P.A. 5150 TANIAM! TRL N #602 NAPLES FL 34103 REFERENCE: 01078~ 5859606q NOTICE OF SPECIAL NE State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the NapLes DaiLy Ne~s, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising wes published in said newspaper on dates Listed. Affiant further says that the said NapLes OaiLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, coaw~ission or refund for the purpose of securing this advertisement for pubLiction in the said neuspaper. PUBLISHED ON: 01/30 AD SPACE: 268.000 INCH FILED ON: 01/31/03 ~o~ mnna C~ Notice of Special Meeting and Public Hearing Notice Is Health duct lief Naples public '. lng the rem not Bonds wlll lows of the "Borrowers") to be used, together i o~- ~,~ ~unds, to: (fi current refund Oil or a portion of the umorlt~'s $H7,000,000 Hosolfa Revenue Bonds, Se rios 1999 (Clevelclnd Clinic Health System Obligated) Group GuoronteedJ (the "Prior Bonos"); (ii) ~¥ r.e.[mburse the Borrowers for the costs of the ocqul-I SITIOn renovation, remade ng and equipping afl their existing healthcare facilities In Collier and] Broword Counties (the "Prolect"); (iii) fund o clebt service reserve fond, If deemed necessary or deslr. able by the Borrowers; and (Iv)pay certain ex-I penses Incurred In connection with the Issuance afl the Bonds clnd the refunding of the Prior Bonds, In-t eluding the cost of any credit enhancement or IH/ quid)fy enhallcement, If deemed necessary or desir- able bythe Borrowers. - The Prolect will consist of the payment for or relm-I .bu.rse.ment of ~the costs o~ certain routine capital ouogeT expenditures of the Borrowers' fac)lines de. scribed below els the Co er FclclllfleS end the Bro-r ward Fclclllfles. The proceeds of the Prior Bondsl were used fa finance the acqus~fon, construoflon, I renovation, remodeling, clnd e_qulpplno of certain health core facilities described os f0[Iows: ~ 1.HosPital and clinic fao)lites ocofed In Colliert Coun_~, Florida ~c ud ng sU~ acquisition (the "COI-I Ilar Foc Ities")as fu ows: . o. The C011ler Hosolfal FacUlties/ condstln; af.a three-story ceacrete s'ffuctare of apprexl: mcr~ely 31,620 square feet fa be used .for d[agno sis (3nd f~sting, and feinted equipment, and four-story concrete structure o1' clpproxlmofe¥ 165,700 squclre feet fa provide medlcal/surg cai bed space, clnd related eatdpment; b. The Collier Clinic FclcilUtes, consisting of .o_.fl.v.e:sfor¥ co. ncfete structure of oPprox motel,/ i/4~z;zu square ~ee7 and related equ pment; c. Locoflorc 6101 PineRidgeRocld Naples, Florida 34112; ' dJnlflol Operators clnd Owners: {1} Collier Hos~Ifal Faclllfies-C eveland Clinic Florida Hospr- [gtNclp!es Non Profit corporation: (2) Collier Clln- ic Fo¢llffles. Clevelond Cllnlc Plorldo (A Nonprofit Corporation) 2.Cllnlc faclllfies located n Broword County FI0rldo (the "Browclrd Fclclllfies") OS follows: o. The Cypress Creek Facilities, consisting of c cllnrc presently oValod by on unroofed thrd party fo be clcqulrod, remodeled, and renovated; b. Ttie Weston Fac )ties, consisting of a five. story steel trclme sfl'uCfure Of approximately 190,4~7 square feet and related paulpmenr, c. Locoflea: (1)_ ' CYl~_ess creek F~clllfles-30001 West Cypress creek R~l~ Fl. Lcludordcl e Floriflol 33309; £2~ wesfafl Facilities-3100 Wesfan R~)~d, West- on, F~orlde 33326; d.lnltiol Onerofor and Owner: Cleveland CllnlcJ Florida (A Nohproflf Corporgflon). ' I Ail lnforesfled persons are InVifod fa submit written comments, or attend the .he~.dng, either bersonoll¥ or thrOUgh their rel:~'esent~lve~ end Will be given ~n oPparl~nlty fa fLxpres~ their views concerning the Pr01ecls or the /[naflclng; An¥Otm deslrina to make written ~;omthent~ In adypnce Of the hearing mclv Send SuCh COmmerlts fa: Collier County Hegtth FOCi ~fles Authority c/o General Coullsel · 5150 Narlh Tamtaml Trail, ~ulfe NaPleS, Florida 34103 Wr~en comments received In advance of th~ hearing, and oral carl!manta made at the hearing are fur the co~sklercmon of the Aulh0rlty and not bind the Authority. Capias of .tf~ application., for financing:are a~lgble for Inspection and copy. SHOULD ANY' PERSON DECIDE TO APPEAL ANY DECISION NLADE BY THE.AUTHORITY WITH RE. SPECT TO ANY MATTER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL N~A RECORD OF THE PROCEEDINGS AND FOR T_HAT: PUR- TH/~'PO E SUCH PERSONMA~Y ~IEED TO ENSURE ^ VERBAT ~ R~CORO O~' T.E ERGCEE~- ING~ 15 MADE, WHICH RECORD:INCLUDES THE In clccor~nce wlth the Americans With Dlsclbllifiesll Act, PersoqS needing ::P sl~lel mc:ommodaflon foil oPi'lclp~ e. rt ~IS h ~Eig: g cf Donald er man seven(7)c[o~j prior 1~ fha hearlna. This notice IS a ~n ~r~6~toS~dpn ~o of the Internal Revenue Code, es ~m~ded,: . j /s/ D°~Id A P ckw°~i I Assistant ~eoretory ond j General CounSel ' , January 30, 2003 :'ilo. 90829/ 16K9 EXHIBIT A TO AUTHORITY RESOLUTION 16K9 INTERLOCAL AGREEMENT THIS IS AN INTERLOCAL AGREEMENT, dated as of ,2003 (the "Agreement"), by and between the COLLIER COUNTY HEALTH FACILITIES AUTHORITY (the "Issuer"), a public body corporate and politic duly created and existing under the laws and Constitution of the State of Florida, and the BROWARD COUNTY HEALTH FACILITIES AUTHORITY (the "Interlocal Participant"), a public body corporate and politic created and existing under the laws and the Constitution of the State of Florida. RECITALS Pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01, Part I, Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), "public agencies," as defined in the Interlocal Cooperation Act, are authorized to enter into agreements with one another in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to fOITnS of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. The Interlocal Cooperation Act provides that a public agency may, pursuant to contract, exercise jointly with any other public agency any power, privilege or authority which such public agencies share in common which each might exercise separately. Pursuant to the Health Facilities Authorities Law (Part III, Chapter 154, Florida Statutes), as amended (the "Health Authorities Act"), and to the Florida Industrial Development Financing Act (Part II, Chapter 159, Florida Statutes), as amended (the "Industrial Development Act" and, together with the Health Authorities Act, the "Financing Acts"), the Issuer and the Interlocal Participant are authorized to issue revenue bonds and loan the proceeds thereof to qualified borrowers to, among other things, pay all or any part of the "costs" of any "project" (both as defined in the respective Financing Acts). The Issuer and the Interlocal Participant are public agencies and desire to enter into this Agreement to authorize the Issuer to issue one or more series of revenue bonds (the "Bonds") on behalf of and with the approval of the Interlocal Participant and loan the proceeds thereof to, among others, Cleveland Clinic Florida (A Nonprofit Corporation) (the "Interlocal Borrower"), which is a Florida not for profit corporation with certain facilities located outside the geographical boundaries of Collier County, Florida, but within the geographical boundaries of Broward County, Florida, for the purposes of providing funds to, among other things, (i) current refund all or a portion of the outstanding principal amount of the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower. The proceeds of the Prior Bonds were used to (i) pay or reimburse the Interlocal Borrower for CHI-1335583v2 EXHIBIT B TO AUTHORITY RESOLUTION 16 (9 the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping of certain healthcare facilities operated by the Interlocal Borrower and located at 3100 Weston Road, Weston, Florida 33326 and 3000 W. Cypress Creek Road, Ft. Lauderdale, Florida 33309 and facilities operated by the Interlocal Borrower and one of its affiliates and located at 6101 Pine Ridge Road, [Naples, Florida 34122]; and (ii) pay certain expenses incurred in connection with the issuance of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Interlocal Borrower. In consideration of the mutual agreements contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed by and between the parties hereto as follows: Section 1. Definitions. Unless the context otherwise requires, the following terms for all purposes of this Agreement shall have the following meanings: "Acts" means the Financing Acts and the Interlocal Cooperation Act. "Administrator" means the administrator appointed pursuant to Section 4(c) hereof. "Agreement" means this Interlocal Agreement and all amendments and supplements thereto. "Bondlndenture" means each of the Bond Trust Indentures between the Issuer and the Bond Trustee pursuant to which the Bonds are to be issued, and all amendments and supplements thereto, including any indenture pursuant to which a series of revenue bonds is issued to provide for the refunding or refinancing of the Bonds. "Bonds" means the revenue bonds issued in one or more series by the Issuer, in part, on behalf of the Interlocal Participant for the benefit of the Interlocal Borrower under the Bond Indenture. "Bond Trustee" means the bond trustee selected by the Inteflocal Borrower and approved by the Issuer, or any successor trustee under the Bond Indenture. "Financing Acts" means the Health Authorities Act and the Industrial Development Act. "Health Authorities Act" means the Health Facilities Authorities Law (Part III, Chapter 154, Florida Statutes), as amended. "Industrial Development Act" means the Florida Industrial Development Financing Act (Part II, Chapter 159, Florida Statutes), as amended. "Interlocal Borrower" means Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, and its successors and assigns. "Interlocal Cooperation Act" means the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Part I, Chapter 163, Florida Statutes), as amended. CHI-1335583v2 2 16K9 "Interlocal Participant" means the Broward County Health Facilities Authority and its successors and assigns. "Issuer" means the Collier County Health Facilities Authority, and its successors and assigns, as issuer of the Bonds. "Loan" means the loan to be made by the Issuer to the Interlocal Borrower to, among other things, (i) current refund all or a portion of the outstanding principal amount of the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower. "Loan Agreement" means each of the Loan Agreements between the Issuer and, among others, the Interlocal Borrower, setting forth the terms of the Loan, and all amendments and supplements thereto, including any loan agreement evidencing a loan to the Interlocal Borrower the proceeds of which will be used to refund or refinance the Bonds. "Master Note" means each of the Master Notes of the Interlocal Borrower or an affiliate or affiliates thereof or any combination of the foregoing, delivered to the Bond Trustee in order to evidence or secure the obligation of the Interlocal Borrower to pay an amount sufficient to amortize the Loan. "Prior Bonds" means the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed). "Resolution" means a resolution of the goveming body of a party hereto adopted for the purpose of approving and authorizing the execution of this Agreement or any amendment hereto, or approving any action taken pursuant to this Agreement when such approval is required hereby. Terms defined in this Section in the singular shall include the plural and vice versa. Section 2. Purposes. In order to assist in the development and maintenance of the public health, to accomplish economies of scale and other cost savings, and to reduce the cost of providing health care services, this Agreement is entered into pursuant to the authority granted in the Acts for the purposes of providing for (A) the issuance of the Bonds by the Issuer on behalf of and with the approval of, among others, the Interlocal Participant for the benefit of the Interlocal Borrower in order, among other things, to make the Loan to the Interlocal Borrower to, among other things, (0 current refund the Prior Bonds, and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower and (B) the issuance of any future revenue bonds by the Issuer for the benefit of the Interlocal Borrower in order to make a loan to the Interlocal Borrower to refinance or refund the Bonds and pay expenses related thereto. This Agreement shall be interpreted so as to permit the realization of such purposes to the full extent authorized by the Acts. CHI-1335583v2 3 16K9 Section 3. Effective Date; Closing Conditions; Duration. This Agreement shall become effective and shall enter into force, within the meaning of the Interlocal Cooperation Act, upon receipt by the Administrator of (i) the Resolutions duly adopted by the governing body of the Issuer and of the Interlocal Participant, respectively, approving and authorizing the execution and delivery of this Agreement, (ii) a counterpart of this Agreement, duly executed by authorized officers of the Issuer and the Interlocal Participant; and (iii) evidence satisfactory to the Administrator of the filing of a duly executed counterpart of this Agreement with the Clerk of the Circuit Court of Collier County, Florida and in the Public Records of Broward County, Florida in the County Records Division. The issuance of the Bonds shall be subject to the receipt by the Administrator of(i) the documents and showings listed in clauses (i) through (iii) above, (ii) an opinion of counsel to the Interlocal Participant in substantially the form attached hereto as Exhibit,4, and (iii) such other documents, opinions and showings as may be necessary to effectuate the issuance of the Bonds and the making of the Loan. The term of this Agreement shall end upon the discharge of the Bond Indenture in accordance with the provisions thereof. Upon the expiration of this Agreement, any property or moneys not required to be used to pay principal, premium, if any, or interest on the Bonds and not otherwise required to be applied as required by the Bond Indenture shall, to the extent permitted by law, be distributed pro rata between the Interlocal Borrower and the other parties to whom loans were made from proceeds of the Bonds. Section 4. The Interlocal Financing. The Issuer shall issue the Bonds subject to the following conditions: (a) The Bonds. (i) The Issuer shall authorize the issuance and delivery of the Bonds pursuant to and subject to the terms and conditions of the Bond Indenture, the portion of which shall be attributable to the Loan being in an aggregate principal amount not to exceed $ The Bonds shall be rated and shall bear interest, be subject to repurchase and redemption, be designated and be in the form, and have such other terms as are provided in the Bond Indenture, as finally executed and delivered by the Issuer without further approval of the Interlocal Participant, but subject in all respects to the provisions set forth in the Issuer Resolution. (ii) In the event that the Bonds are to be refunded at a future date through an issuance, by the Issuer or other issuing body, of one or more series of bonds, such Bonds can be refunded without the prior approval of the Interlocal Participant. (iii) The Bonds, together with interest thereon, shall not constitute a debt, liability or obligation of Broward County, Florida, Collier County, Florida, the State of Florida or any political subdivision or agency thereof, but shall be special and limited obligations of the Issuer payable solely from, and shall be secured by, to the extent and in the manner provided in the Bond Indenture, a pledge to the Bond Trustee of the rights of the Issuer under the Master Note and the Loan Agreement and the amounts in the funds and accounts created by the Bond Indenture. The Interlocal Participant, the Issuer (except to the extent provided in the preceding sentence), Broward County, Florida, Collier County, Florida and their CHI-1335583v2 4 16K9 respective members, officers, agents and employees shall not be liable for the payment of the principal of, premium, if any, or interest on the Bonds, nor shall the Interlocal Participant, the Issuer (except to the extent provided in the preceding sentence), Broward County, Florida, Collier County, Florida, or their respective members, officers, agents and employees, be liable for any other indebtedness or liability which may arise in connection with the issuance of the Bonds or the making of the Loan. (iv) The proceeds of the sale of the Bonds shall be applied in accordance with the provisions of the Bond Indenture for the purposes specified in the Bond Indenture and in Section 2 hereof. (v) The Bonds may be issued in one or more series and, if issued in more than one series, references herein to the Bond Indenture, the Loan Agreement and the Master Note shall be deemed to include, if necessary, any supplemental or additional Bond Indentures or Loan Agreements and any additional Master Notes executed and delivered in connection with the issuance of the Bonds. (vi) The Interlocal Borrower shall agree to pay any amounts owing on the Bonds pursuant to the provisions of Section 148(0 of the Internal Revenue Code of 1986, as amended. (vii) The Interlocal Borrower shall agree in the Loan Agreement to protect, indemnify and save the Issuer, the Interlocal Participant, Broward County, Florida and Collier County, Florida, their members, officers, agents and employees against and from any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and nature incurred by or asserted or imposed against the Issuer, the Interlocal Participant, Broward County, Florida or Collier County, Florida, their members, officers, agents and employees which may arise in connection with the issuance of the Bonds or the making of the Loan. (b) The Loan. (i) Pursuant to and subject to the terms and conditions of the Bond Indenture, the Issuer is hereby authorized to make available to the Interlocal Borrower proceeds of the Bonds to be used by the Interlocal Borrower for the purposes set forth in Section 2 without further approval of the Interlocal Participant. (ii) The Loan Agreement shall provide for payments sufficient to pay expenses incident to the issuance of the Bonds and any costs and expenses of the Interlocal Participant and its counsel. It is understood that the Interlocal Participant and the Interlocal Borrower have determined that such agreement to pay expenses and costs of the Interlocal Participant and of Broward County, Florida shall be satisfied by the agreement of the Interlocal Borrower in the Loan Agreement to pay to the Interlocal Participant: (i) on the date of delivery of the Bonds, an amount equal to the product obtained by multiplying the original principal amount of the Bonds attributable to facilities located in Broward County, Florida times .0005; and (ii) on each annual anniversary date of such delivery, an amount equal to the CHI-1335583v2 5 16 (9 product obtained by multiplying the principal amount of Bonds attributable to facilities located in Broward County, Florida which were outstanding on the anniversary date times .0005. The Interlocal Participant and the Interlocal Borrower further agree that: (1) if the Interlocal Participant adopts a fee or similar schedule for executing Interlocal Participation Agreements which if applied to the Bonds would result in a lower amount being payable to the Interlocal Participant by the Interlocal Borrower than under the agreement herein referred to, the Interlocal Borrower's payment obligation referred to above shall be reduced to such lower level; and (2)if the Interlocal Participant fails to adopt such a fee schedule by or ceases using any such fee schedule which it adopted by ., the Interlocal Borrower shall have no obligation or further obligation, as the case may be, to pay the amounts hereinabove referred to in subsection (ii). (c) Administrator. Pursuant to Section 163.01(6) of the Interlocal Cooperation Act, the Issuer is hereby designated the Administrator. The Administrator shall have and is hereby delegated full power and authority to do all things necessary or convenient to carry out the purposes of this Agreement, including, without limitation, the appointment of such agents or entities as are necessary or desirable to effectuate the issuance of the Bonds and the making of the Loan. Section 5. Amendments. This Agreement may not be amended, changed, modified or altered except by an instrument in writing which shall be (i) approved by a Resolution of the governing body of the Issuer and of the Interlocal Participant, (ii)executed by duly authorized officers of the Issuer and the Interlocal Participant, and (iii) filed with the Clerk of the Circuit Court of Collier County, Florida and in the public records of Broward County, Florida in the County Records Division. Section 6. Severability. If any term or provision of this Agreement or the application thereof shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the extent permitted by law. To the extent permitted by applicable law, the parties hereby waive any provision of law which would render any of the terms of this Agreement unenforceable. Section 7. Governing Law. All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of Florida. Section 8. Notices. Any notice or other communication shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed as follows: CHI-1335583v2 6 16K9 If to the Issuer: Collier County Health Facilities Authority C/O Clerk of the Board of County Commissioners Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, Florida 34112 If to the Interlocal Participant: Broward County Health Facilities Authority 115 South Andrew Avenue Suite 513 Ft. Lauderdale, Florida 33301 In each case with a copy to: Collier County, Florida Clerk of the Circuit Court Attn: Clerk of the Board Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, Florida 34112 and a copy to: Donald A. Pickworth, PA Suite 602, Newgate Tower 5150 North Tamiami Trail Naples, Florida 34103 and a copy to: Broward County, Florida Clerk of the Circuit Court 115 South Andrew Avenue Suite 513 Ft. Lauderdale, Florida 33301 The Issuer and the Interlocal Participant may, by notice given hereunder, designate any further or different addresses to which subsequent notices or communications shall be sent. Section 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. CHI-1335583v2 7 16 9 Section 10. No Delegation of Authority. This Agreement shall in no way be interpreted to authorize the unlawful delegation of the constitutional or statutory duties of the Issuer, the Interlocal Participant or any of their officers, members, representatives or employees. Section 11. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning or rezoning applications nor for any planning or regulatory permits and the approval of this Agreement shall not be construed to be a waiver by either the Issuer or the Interlocal Participant of, and neither the Issuer nor the Interlocal Participant shall be estopped from asserting, any regulatory rights or responsibilities it may have with respect thereto. CHI-1335583v2 8 16 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested in their respective corporate names by their duly authorized officers all as of the date first above written. COLLIER COUNTY HEALTH FACILITIES AUTHORITY [SEAL] Attest: Title: Primed Name: [SEAL] Attest: Title: Printed Name: By. Title: Printed Name: BROWARD COUNTY HEALTH FACILITIES AUTHORITY By. Title: Printed Name: CHI-1335583v2 9 16K9 STATE OF FLORIDA ) ) SS COUNTY OF BROWARD) I, ., a Notary Public in and for the said County in the State aforesaid, do hereby certify that and , personally known to me to be the same persons whose names are, respectively, as and of the BROWARD COUNTY HEALTH FACILITIES AUTHORITY, a special district and a body corporate and politic, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that they, being thereunto duly authorized, signed, sealed with the corporate seal, and delivered the said instrument as the free and voluntary act of said public body and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of ,2003. Notary Public Printed Name: Commission Number: [NOTARIAL SEAL] My commission expires: CHl-1335583v2 10 16t(9 STATE OF FLORIDA COUNTY OF COLLIER ) ) SS ) I, , a Notary Public in and for the said County in the State aforesaid, do hereby certify that and , personally known to me to be the same persons whose names are, respectively, as and of the COLLIER COUNTY HEALTH FACILITIES AUTHORITY, a special district and a body corporate and politic, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that they, being thereunto duly authorized, signed, sealed with the corporate seal, and delivered the said instrument as the free and voluntary act of said public body and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of ,2003. Notary Public Printed Name: Commission Number: [NOTARIAL SEAL] My commission expires: cm-1335583v2 1 1 16K9 EXHIBIT A The opinion of counsel required by Section 3 of this Agreement shall be dated the date of delivery of the Bonds, shall be addressed to the Administrator, the Bond Trustee and such other parties as may be reasonably requested by the Administrator, shall be in form and substance satisfactory to them, and shall be to the effect that: 1. The Interlocal Participant is a public body corporate and politic duly organized and validly existing under the Constitution and laws of the State of Florida and qualifies as a "public agency" within the meaning of the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Part I, Chapter 163, Florida Statutes, as amended). 2. The Interlocal Participant Resolution has been duly adopted by the Interlocal Participant and is in full force and effect. 3. The Agreement has been duly authorized, executed and delivered by the Interlocal Participant and, assuming the due authorization, execution, and delivery thereof by the Issuer and the other public agencies which are parties thereto, constitutes a valid and binding obligation of the Interlocal Participant enforceable against the Interlocal Participant in accordance with its terms. 4. There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court, public board or body pending or, to the best of our knowledge, threatened against or affecting the Interlocal Participant, nor to the best of our knowledge is there any basis therefor, which in any way questions the powers or actions of the Interlocal Participant relative to the Interlocal Participant Resolution or the Agreement. 5. The execution, delivery and performance of the Agreement by the Interlocal Participant will not conflict with or result in the breach of any of the provisions of, or constitute a default under, any indenture, mortgage, deed of trust or agreement or instrument known to us to which the Interlocal Participant is a party or by which it or its properties are bound. CHl-1335583v2 A-1 RESOLUTION NO. 2003-01 16K9 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS COLLIER COUNTY HEALTH FACILITIES AUTHORITY REVENUE BONDS (CLEVELAND CLINIC HEALTH SYSTEM OBLIGATED GROUP) SERIES 2003 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $125,000,000 FOR THE PRINCIPAL PURPOSE OF (1) REFUNDING ALL OR A PORTION OF THE OUTSTANDING PRINCIPAL AMOUNT OF THE AUTHORITY'S HOSPITAL REVENUE BONDS, SERIES 1999 (CLEVELAND CLINIC HEALTH SYSTEM OBLIGATED GROUP), (2) PAYING OR REIMBURSING THE COSTS OF ACQUIRING, CONSTRUCTING, RENOVATING, REHABILITATING AND EQUIPPING CERTIAIN HEALTH CARE FACILITIES AND (3) TO PAY CERTAIN COSTS INCURRED OR TO BE INCURRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY AND THE BORROWERS; RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AS THE ELECTED LEGISLATIVE BODY OF THE COUNTY APPROVE THE ISSUANCE OF THE BONDS PURSUANT TO SECTION 147 (f) OF THE INTERNAL REVENUE CODE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Cleveland Clinic Florida (A Nonprofit Corporation) CCCF Florida") and Cleveland Clinic Florida Hospital Naples Nonprofit Corporation ("CCF Naples" and, together with CCF Florida, the "Borrowers"), each a Florida not-for-profit, nonstock membership corporation have applied to the Collier County Health Facilities Authority (the "Authority") to issue a series of its revenue bonds to be designated as Collier County Health Facilities Authority Revenue Bonds (Cleveland Clinic Health System Obligated Group) Series 2003 in an Aggregate principal amount not to exceed $125,000,000 (the" Bonds") to be used to (i) refund all or a portion of the outstanding principal amount of the $117,000,000 Collier County Health Facilities Authority Hospital Revenue Bonds, EXHIBIT A TO BCC RESOLUTION 16K9 Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), the proceeds of which were originally used to pay or reimburse the Borrowers for the payment of, or to refinance certain prior indebtedness the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping certain healthcare facilities (the "Prior Project"), (ii) pay or reimburse the Borrowers for the costs of acquiring, constructing, renovating, rehabilitating, and equipping of their health care facilities and (iii) pay certain costs incurred in connection with the issuance of the Bonds; and WHEREAS, the Borrowers have requested that the Authority loan the proceeds of the Bonds to the Borrowers pursuant to Chapter 154, Part III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrowers under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Borrowers and promote the public purposes provided in the Act; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing (the "Hearing") on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrowers; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, THAT: 2 16K9 SECTION 1. AUTHORITY FOR THIS Resolution is adopted pursuant to the provisions of the provisions of law. RESOLUTION. This Act and other applicable SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrowers to proceed with the financing and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution. SECTION 3. FINDINGS AND DETERMINATIONS. At the hearing, the Authority heard and considered both oral and written presentations by the Borrowers, written evidence provided by Borrowers in advance of the Hearing, and comments of members of the public, if any. The Borrowers were represented at the Hearing by employees of the Borrowers' organization and consultants retained by the Borrowers, all of whom had personal knowledge of the matters about which they testified. The Authority had opportunity to direct inquiries to all individuals present, and members of the public were afforded the opportunity to direct questions to the Authority for response by the Borrowers. Based upon the evidence and testimony presented, the Authority finds as follows: A. In 1999 the Authority issued the Prior Bonds in order to permit the financing by Borrowers of the acquisition, construction, and equipping of certain health care facilities (the "Facilities") in Collier County, Florida (the "Collier Facilities") and Broward County, Florida (the "Broward Facilities") described as follows: 1. The Collier Facilities consist of hospital and clinic facilities located at 6101 Pine Ridge Road, Naples, Florida 34119 and include the following: a. The Collier Hospital Facilities, consisting of a three-story concrete structure of approximately 31,620 square feet to be used for diagnosis and testing, and related equipment, and a four-story concrete structure of approximately 165,700 square feet to provide medical/surgical bed space, and related equipment; b. The Collier Clinic Facilities, consisting of a five-story concrete structure of approximately 174,220 square feet and related equipment; 3 16K9 2. The Broward Facilities consist of Clinic facilities located in Broward County, Florida and include the following: a. The Cypress Creek Facilities, located at 3000 West Cypress Creek Road, Ft. Lauderdale, Florida 33309; b. The Weston Facilities, located at 3100 Weston Road, Weston, Florida 33326 and consisting of a five-story steel frame structure of approximately 190,417 square feet and related equipment; B. The portion of the Prior Bonds for the Broward Facilities were issued by the Authority pursuant to an Interlocal Agreement between the Authority and the Broward County Health Facilities Authority. C. Subsequent to the issuance of the Prior Bonds, the Facilities have been constructed and equipped (or acquired and renovated, as appropriate) and are being operated by the respective Borrowers. D. The Collier Facilities have enhanced the health, safety, and welfare of the residents of Collier County and the State of Florida by the following: 1. The Collier Facilities have expanded the health care facilities and health care choices available to the public; 2. The need for such facilities was evidenced by the issuance of a Certificate of Need by the State of Florida Agency for Health Care Administration, and other state-issued licenses; 3. The Facilities have made available to the public in Collier County and the Southwest Florida area three accredited residency programs based in Weston and/or Weston and Collier County (Internal Medicine, Neurology, and Colorectal Surgery). 4. The Borrowers have enhanced medical care for the economically disadvantaged by the following community-related programs: a. Since January, 1999, Florida Clinic has employed and otherwise financially supported the placement of one full-time physician at the Isabel Collier Reed Outpatient Center in Immokalee. 4 16K9 b. Florida Clinic provides nursing and physician volunteers to the Neighborhood Health Clinic. c. Florida Clinic is working with Collier Health Services, Inc., Moorings Park, and the Lorenzo Walker Vocational School in the development and funding for an LPN program in Immokalee. d. Florida Clinic is the only Medipass participant in the area. e. Florida Clinic is participating in the Centers for Disease Control Breast and Cervical cancer screening program. f. Florida Clinic is providing funding for the "Healthy Kids" program ($73,000 as the requested amount on the current year). g. Florida Clinic personnel hold memberships on boards of various local public health oriented organizations. h. Florida Clinic works with the Senior Friendship Center. i. Florida Clinic provides support and participation in the smallpox immunization program. o The Collier Facilities have created over 750 new jobs in Collier County. E. The Borrowers are non-profit corporations whose sole member is the Cleveland Clinic Foundation. The Cleveland Clinic Foundation was established in 1921 and has been recognized as one of the leading healthcare providers worldwide. In a recent survey of hospitals, the Foundation was ranked third overall nationally, and first in heart and heart surgery, and in the top five in six other specialties including urology, digestive disorders, kidney disease, neurology and neurosurgery, orthopedics and rheumatology. The Prior Bonds carry an investment grade rating by a nationally recognized rating agency. G. The Prior Bonds are not in default. 16 (9 H. The purpose of issuing the Bonds is to refund the Prior Bonds and to provide for additional capital expenditures of approximately $10.5 million for the Broward Facilities. I. The primary benefit to the public from the issuance of the Bonds is a more secure debt structure and enhanced financial strength as follows: 1. The Bonds will be secured and enhanced by the issuance of letters of credit by certain banks, currently projected to be JPMorgan Chase Bank and Bank of America, N.A. or UBS AG. The unenhanced and unsecured credit rating of the Obligated Group is A1 (Moody's) and A+ (Standard & Poor's). With the letters of credit, it is anticipated the Bonds will have a rating of AA. 2. The Bonds are being issued as part of an over-all refinancing of the debt structure of the Obligated Group which will reduce interest rate risk by reducing the amount of variable rate debt, taking advantage of currently low interest rates. All members of the Obligated Group, including the Borrowers, will benefit from the reduced risk. 3. The average life of Obligated Group's indebtedness is being extended to better equalize and match debt service and asset lives. J. The Bonds will be payable from revenues of the Borrowers and other members of the Obligated Group and other payments as described in the financing documents and will be secured by letters of credit. The Borrowers presented evidence to demonstrate that the revenues and other payments pledged to the payment of the Bonds will be sufficient to make the payments required by the Bonds. K. The Bonds will carry an investment grade rating from a nationally recognized rating agency. L. The issuance of the Bonds, which includes bonds to refund portions of the Prior Bonds that were issued on account of the Broward Facilities, will be approved by an interlocal agreement between the Broward County Health Facilities Authority and the Authority. M. The Bonds will not be a debt or obligation of Collier County, Broward County, any municipality within either County, the State of Florida or any agency thereof, and will be payable solely from revenues and other payments related to the Facilities, and adequate provisions have been made to inform investors of those facts. 6 16K9 N. The Collier Facilities are located in the unincorporated area of Collier County and were constructed in accordance with applicable Collier County codes and regulations. There are no pending or alleged violations of County regulations. SECTION 4. APPROVAL OF THE FINANCING. This financing by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrowers meeting the conditions set forth in this Resolution to the sole satisfaction of the Authority. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, subject in all respects to the conditions set forth in this Resolution. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INTERLOCAL AGREEMENT. The Interlocal Agreement between the Authority and the Broward County Health Facilities Authority (the "Inteflocal Agreement"), which shall be in substantially the form thereof attached hereto and marked "Exhibit B" is hereby approved. The Chairman is authorized to execute and deliver the Inteflocal Agreement, including such changes therein as shall be approved by the Chairman executing the same, with such execution to constitute conclusive evidence of such officer's approval and the Authority's approval of any changes therein from the form of Interlocal Agreement attached hereto. SECTION 7.CONDITIONS OF APPROVAL. The approval of the financing and the authorization of the Bonds set forth herein is expressly conditioned on the following: A. The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") between the Authority and the Borrowers shall, under terms agreed upon by the parties, provide for payments to be made by the Borrowers in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. B. In authorizing any issuance of the Bonds pursuant to this Agreement, the 7 16K9 Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of refunding the Prior Bonds or paying the costs of issuance of the Bonds. C. The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, Broward County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. D. Issuance of the Bonds by the Authority shall be contingent upon (I) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue the Bonds for the purposes set forth, (ii) the approval of the issuance of the Bonds by the Broward County Health Facilities Authority and (iii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(f) of the Code. E. The Borrowers shall pay the fees of the Authority, Issuer's Counsel, and Bond Counsel and all of the out-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds. F. Nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Borrowers agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. SECTION 8. RECOMMENDATION FOR APPROVAL BY BOARD OF COUNTY COMMISSIONERS. This Resolution shall constitute a recommendation to the Board of County Commissioners of Collier County for approval of the Bonds pursuant to Section 147 (f) of the Code. The Chairman and General Counsel of the Authority are hereby authorized to present this resolution at a regular meeting of the Board of County Commissioners and to request a resolution of approval for the issuance of the Bonds. SECTION 9. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, in accordance with the purposes of the 8 16K9 laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 10. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any rezoning or other land use applications, if any, nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 11. GENERAL AUTHORIZATION. The Chairman and the other officers of the Authority are hereby further authorized to proceed with the undertakings provided herein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in this Resolution. SECTION 12. immediately. EFFECTIVE DATE. This Resolution shall take effect ADOPTED this 14th day of February, 2003. (Signature Page follows) 9 16K9 ATTEST: COLLIER COUNTY HEALTH FACILITIES AUTHORITY 9 NapLes DaiLy Ne~s NapLes, FL 3&I02 Affidavit of PubLication NapLes DaiLy Ne~s PICKWORTH, DONALD P.A. 5150 TAHIAHI TRL N #602 NAPLES FL 34103 REFERENCE: 01078~ 58596061 NOTZCE OF SPECZAL ME State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ho on oath says that she serve~ aa Assistant Corporate Secretary of the Naples Daily Ne~s, a daily neuspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising ~as published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said nevspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class ceil ·atter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertiseaent; and affiant further says that she has neither paid nor proeised any person, firm or corporation any discount, rebate, comeisston or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 01/30 AD SPACE: 268.000 INCH FILED ON: 01/31/03 Signature of Affiant S.orn to and Subscribed be,~{ ~e Per~LLy knq,n by ~ ~' ~ Donna C~ My C~m~l~ D~5~3~ E~ires ~em~r 11, 2~5 Notice of Special 6Aeeting and Public Hearing Notice is hereby given that the Collier Couot~ Heath Fac fas Author[h/ the "Authority" will con duct o sPec al meet ng and public hearing on Febru ary 14, 2003, ot 900 om In the County Manager' Conference Room, second floor, Building "F", Ilar County Courthouse, 3301 East Tcmiam~ Trol Napies, Florida, 34112, for the purpose of recelv[n! public comments and hearing discussion concern Irlg the proposed ssuance of the Authority's Reve- nue Bonds, Series 2003 (Cleveland Clinic Heaith Sys. fern Obligated Group) {the "Bonds"), In an amount not ta exceed $125,000~000. The proceeds at the Bonds w be loaned ta Cleveland Clinic Florida (A Nonprofit Corporation)_ and Clevelaad Clinic Florida Hasp fo Nap es Non Hroflt Corporation, each o prl- vote not for pratt corporation organized under the laws of the State of Florida (collectively, the "Borrowers") to be used, together with certain oth- er funds, to: (I) current refund all or a po~tlon at the Authorltv's $117 000 000 HosPital Revenue Bonds, Se- ries 1999 (Ceveand Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"); (il) pay or re mburse the Borrowers for the costs of the ocqui* $ f on, renovation~ remodeling and equipping ot their existing healthcare tacll[ties In Cailler arc Broward Countes {the "Project"); (Ill) fund a debt serv ce reserve fund If deemed necessary or deslr. able by the Borrowers; and (tv) pay certain ex* parses incurred in conneotlen with the Issuance ol the Bonds and the ratundlng of the Prior Bonds, In. cludl~g the cost of any credit enhancement or I1, quldlty enhancement, If deemed necessary or deslr. able by the Borrowers. - The Prolect w cons st of the payment for or rolm, bursement of 'the costs of certain routine capita budget expenditures of the Borrowers' taclllties de* sar bed below as the Collier Facilities and the ~ro, lward Facilities. The proceeds of the Prior Bond,' were used fo finance the asqu sition, cons~uotion renovator, remodeling, and equlpplng of ce~alr , health coca taclllfles described as follows: 1.Hospital and clinic facilities located In Collier County, Florida, Including site acquisition (the "col- lier Faolllties") Os follows: o.The Collier HosPital Facilities, c0nsisflnJaI ot o three-story concrete structure of opprom-I mutely 31~20 square feet ta be used .for dTogno-[ sS and fesflng~ end rested equipment, and al four-sfery concrete s~ruchJre of approxlmofelyi 165~700 square feet ta provide medlcoi/surglcoll beg space, and related equipment; b.The Collier Clinic Facilities, consisting otl o five-story concrete struct~ro of opproxlmofelYI 174,220 square feat and related ec.~Jlpment; I c Location 6101 P ne Ridge Road, Naples, F~orlda 34112; d nlra Operators odd Owners: (1 CaillerI Hospital Fac I[t es-Cleveland Clinic Florida Hospi- ta Naples Non Profit Corporation (2 Collier Clin- Ic Facilities-Cleveland Cllnlc Florida (A Nonprofltl Corporation) 2.Cllnlc taollttles located in Broword County Florida {the "Broward Facilities") as follows: a The Cypress Creek Facilities, consisting of all crlnlc p~esently owned by an unrelated third par~ fo be acquired, remodeled, end renovated; b The Wesfen Fac ties, consisting of a five-Il story steel frame structure of approximately 190,417~! square feat and related equlpmer~, c Locof on ( )_ Cypress Creek Faclllties-3000l! West Cypress Creek ROad, Ff. Lauderdale, Florldall 33309; (2) Westan Facilities-3100 Wastan Road, West-I on, F:loclda 33326; II dJnltiol Operator and OWner: Cleveland Cllnicl! Florida (A Nonproflf Corporation), Il Al nteresfed persons are Invited to submit written comments, or attend the heorlng, either persoeallv oc through ther represe~ve and will be given an opportunity fo ex..press their views ~oncernlng the prolects or the tlnancltlg; An¥oae deslrlng to make written com'ments tn advance of the hearing may s~nd such comments to: Collier County Hoa~th Facilities Authority c/o GeneraiCounsel 51.50 North Tamlaml Tral$~ Suite 502 Naple~, Florida 34103 Written comments received in advance of the heartng, and oral comments made at the hearln~ are for the conslderaflen of the Authority and wnl not bind the Authorty. CO~les of the applications for financing are available ter Inspection and copy.. lng at the office at the General Counsel set form above. SHOULD ANY PERsoN DECIDE TO APPEAL ANY DECISION MADE BY THE AUTHORITY WITH RE. SPECT TO ANY MATTER CONSIDERED AT SUCH HEARING SUCH PERSON WILL NEED A RECORD OF THE' PROCEEDINGS AND_FOR THAT PUR- POSE, SUCH PERSONMAY 'NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEED- ING'S IS MADE, WHICH RECORD INCLUDES THE TESTI6AONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. n cccoraance with the Americans with Disabilities Act, persons nodding a SPgClal accommodation toll participate In this h_earing snou)d contact Donald A41 Plckworth, General Coup~l~ of (941) :~63-8060 no lot-ti er than seven (7) days prior t6 the hearing. Thls notice Is given ~Urs~ant tO Section 147(t) the internal Revenue Code, as amended. /s/Dongld A. Plckworfh Assistant Secretary and Janudrv 30, 2d03 : NO. 90829 16K9 EXHIBIT A TO AUTHORITY RESOLUTION 6t(9 ]NTERLOCAL AGREEMENT THIS IS AN INTERLOCAL AGREEMENT, dated as of ,2003 (the "Agreement"), by and between the COLLIER COUNTY HEALTH FACILITIES AUTHORITY (the "Issuer"), a public body corporate and politic duly created and existing under the laws and Constitution of the State of Florida, and the BROWARD COUNTY HEALTH FACILITIES AUTHORITY (the "Interlocal Participant"), a public body corporate and politic created and existing under the laws and the Constitution of the State of Florida. RECITALS Pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01, Part I, Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), "public agencies," as defined in the Interlocal Cooperation Act, are authorized to enter into agreements with one another in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. The Interlocal Cooperation Act provides that a public agency may, pursuant to contract, exercise jointly with any other public agency any power, privilege or authority which such public agencies share in common which each might exercise separately. Pursuant to the Health Facilities Authorities Law (Part III, Chapter 154, Florida Statutes), as amended (the "Health Authorities Act"), and to the Florida Industrial Development Financing Act (Part II, Chapter 159, Florida Statutes), as amended (the "Industrial Development Act" and, together with the Health Authorities Act, the "Financing Acts"), the Issuer and the Interlocal Participant are authorized to issue revenue bonds and loan the proceeds thereof to qualified borrowers to, among other things, pay all or any part of the "costs" of any "project" (both as defined in the respective Financing Acts). The Issuer and the Interlocal Participant are public agencies and desire to enter into this Agreement to authorize the Issuer to issue one or more series of revenue bonds (the "Bonds") on behalf of and with the approval of the Interlocal Participant and loan the proceeds thereof to, among others, Cleveland Clinic Florida (A Nonprofit Corporation) (the "Interlocal Borrower"), which is a Florida not for profit corporation with certain facilities located outside the geographical boundaries of Collier County, Florida, but within the geographical boundaries of Broward County, Florida, for the purposes of providing funds to, among other things, (i) current refund all or a portion of the outstanding principal amount of the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower. The proceeds of the Prior Bonds were used to (i) pay or reimburse the Inteflocal Borrower for CHI-1335583v2 EXHIBIT B TO AUTHORITY RESOLUTION 16 9 the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping of certain healthcare facilities operated by the Interlocal Borrower and located at 3100 Weston Road, Weston, Florida 33326 and 3000 W. Cypress Creek Road, Ft. Lauderdale, Florida 33309 and facilities operated by the Interlocal Borrower and one of its affiliates and located at 6101 Pine Ridge Road, [Naples, Florida 34122]; and (ii) pay certain expenses incurred in connection with the issuance of the Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Interlocal Borrower. In consideration of the mutual agreements contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed by and between the parties hereto as follows: Section 1. Definitions. Unless the context otherwise requires, the following terms for all purposes of this Agreement shall have the following meanings: "Acts" means the Financing Acts and the Interlocal Cooperation Act. "Administrator" means the administrator appointed pursuant to Section 4(c) hereof. "Agreement" means this Interlocal Agreement and all amendments and supplements thereto. "Bond Indenture" means each of the Bond Trust Indentures between the Issuer and the Bond Trustee pursuant to which the Bonds are to be issued, and all amendments and supplements thereto, including any indenture pursuant to which a series of revenue bonds is issued to provide for the refunding or refinancing of the Bonds. "Bonds" means the revenue bonds issued in one or more series by the Issuer, in part, on behalf of the Interlocal Participant for the benefit of the Interlocal Borrower under the Bond Indenture. "Bond Trustee" means the bond trustee selected by the Interlocal Borrower and approved by the Issuer, or any successor trustee under the Bond Indenture. "Financing Acts" means the Health Authorities Act and the Industrial Development Act. "Health Authorities Act" means the Health Facilities Authorities Law (Part III, Chapter 154, Florida Statutes), as amended. "Industrial Development Act" means the Florida Industrial Development Financing Act (Part II, Chapter 159, Florida Statutes), as amended. "Interlocal Borrower" means Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, and its successors and assigns. "Interlocal Cooperation Act" means the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Part I, Chapter 163, Florida Statutes), as amended. CHI-1335583v2 2 16K9 "Interlocal Participant" means the Broward County Health Facilities Authority and its successors and assigns. "Issuer" means the Collier County Health Facilities Authority, and its successors and assigns, as issuer of the Bonds. "Loan" means the loan to be made by the Issuer to the Interlocal Borrower to, among other things, (i) current refund all or a portion of the outstanding principal amount of the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed) (the "Prior Bonds"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower. "Loan Agreement" means each of the Loan Agreements between the Issuer and, among others, the Interlocal Borrower, setting forth the terms of the Loan, and all amendments and supplements thereto, including any loan agreement evidencing a loan to the Interlocal Borrower the proceeds of which will be used to refund or refinance the Bonds. "Master Note" means each of the Master Notes of the Interlocal Borrower or an affiliate or affiliates thereof or any combination of the foregoing, delivered to the Bond Trustee in order to evidence or secure the obligation of the Interlocal Borrower to pay an amount sufficient to amortize the Loan. "Prior Bonds" means the Issuer's $117,000,000 Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed). "Resolution" means a resolution of the governing body of a party hereto adopted for the purpose of approving and authorizing the execution of this Agreement or any amendment hereto, or approving any action taken pursuant to this Agreement when such approval is required hereby. Terms defined in this Section in the singular shall include the plural and vice versa. Section 2. Purposes. In order to assist in the development and maintenance of the public health, to accomplish economies of scale and other cost savings, and to reduce the cost of providing health care services, this Agreement is entered into pursuant to the authority granted in the Acts for the purposes of providing for (A) the issuance of the Bonds by the Issuer on behalf of and with the approval of, among others, the Interlocal Participant for the benefit of the Interlocal Borrower in order, among other things, to make the Loan to the Interlocal Borrower to, among other things, (i) current refund the Prior Bonds, and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrower and (B) the issuance of any future revenue bonds by the Issuer for the benefit of the Interlocal Borrower in order to make a loan to the Interlocal Borrower to refinance or refund the Bonds and pay expenses related thereto. This Agreement shall be interpreted so as to permit the realization of such purposes to the full extent authorized by the Acts. CHI-1335583v2 3 16K9 Section 3. Effective Date; Closing Conditions; Duration. This Agreement shall become effective and shall enter into force, within the meaning of the Interlocal Cooperation Act, upon receipt by the Administrator of(i) the Resolutions duly adopted by the governing body of the Issuer and of the Interlocal Participant, respectively, approving and authorizing the execution and delivery of this Agreement, (ii) a counterpart of this Agreement, duly executed by authorized officers of the Issuer and the Interlocal Participant; and (iii) evidence satisfactory to the Administrator of the filing of a duly executed counterpart of this Agreement with the Clerk of the Circuit Court of Collier County, Florida and in the Public Records of Broward County, Florida in the County Records Division. The issuance of the Bonds shall be subject to the receipt by the Administrator of (i) the documents and showings listed in clauses (i) through (iii) above, (ii) an opinion of counsel to the Interlocal Participant in substantially the form attached hereto as Exhibit A, and (iii) such other documents, opinions and showings as may be necessary to effectuate the issuance of the Bonds and the making of the Loan. The term of this Agreement shall end upon the discharge of the Bond Indenture in accordance with the provisions thereof. Upon the expiration of this Agreement, any property or moneys not required to be used to pay principal, premium, if any, or interest on the Bonds and not otherwise required to be applied as required by the Bond Indenture shall, to the extent permitted by law, be distributed pro rata between the Interlocal Borrower and the other parties to whom loans were made from proceeds of the Bonds. Section 4. The Interlocal Financing. The Issuer shall issue the Bonds subject to the following conditions: (a) The Bonds. (i) The Issuer shall authorize the issuance and delivery of the Bonds pursuant to and subject to the terms and conditions of the Bond Indenture, the portion of which shall be attributable to the Loan being in an aggregate principal amount not to exceed $ The Bonds shall be rated and shall bear interest, be subject to repurchase and redemption, be designated and be in the form, and have such other terms as are provided in the Bond Indenture, as finally executed and delivered by the Issuer without further approval of the Interlocal Participant, but subject in all respects to the provisions set forth in the Issuer Resolution. (ii) In the event that the Bonds are to be refunded at a future date through an issuance, by the Issuer or other issuing body, of one or more series of bonds, such Bonds can be refunded without the prior approval of the Interlocal Participant. (iii) The Bonds, together with interest thereon, shall not constitute a debt, liability or obligation of Broward County, Florida, Collier County, Florida, the State of Florida or any political subdivision or agency thereof, but shall be special and limited obligations of the Issuer payable solely from, and shall be secured by, to the extent and in the manner provided in the Bond Indenture, a pledge to the Bond Trustee of the rights of the Issuer under the Master Note and the Loan Agreement and the amounts in the funds and accounts created by the Bond Indenture. The Interlocal Participant, the Issuer (except to the extent provided in the preceding sentence), Broward County, Florida, Collier County, Florida and their CHl-1335583v2 4 16K9 respective members, officers, agents and employees shall not be liable for the payment of the principal of, premium, if any, or interest on the Bonds, nor shall the Interlocal Participant, the Issuer (except to the extent provided in the preceding sentence), Broward County, Florida, Collier County, Florida, or their respective members, officers, agents and employees, be liable for any other indebtedness or liability which may arise in connection with the issuance of the Bonds or the making of the Loan. (iv) The proceeds of the sale of the Bonds shall be applied in accordance with the provisions of the Bond Indenture for the purposes specified in the Bond Indenture and in Section 2 hereof. (v) The Bonds may be issued in one or more series and, if issued in more than one series, references herein to the Bond Indenture, the Loan Agreement and the Master Note shall be deemed to include, if necessary, any supplemental or additional Bond Indentures or Loan Agreements and any additional Master Notes executed and delivered in connection with the issuance of the Bonds. (vi) The Interlocal Borrower shall agree to pay any amounts owing on the Bonds pursuant to the provisions of Section 148(13 of the Internal Revenue Code of 1986, as amended. (vii) The Interlocal Borrower shall agree in the Loan Agreement to protect, indemnify and save the Issuer, the Interlocal Participant, Broward County, Florida and Collier County, Florida, their members, officers, agents and employees against and from any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and nature incurred by or asserted or imposed against the Issuer, the Interlocal Participant, Broward County, Florida or Collier County, Florida, their members, officers, agents and employees which may arise in connection with the issuance of the Bonds or the making of the Loan. (b) The Loan. (i) Pursuant to and subject to the terms and conditions of the Bond Indenture, the Issuer is hereby authorized to make available to the Interlocal Borrower proceeds of the Bonds to be used by the Interlocal Borrower for the purposes set forth in Section 2 without further approval of the Interlocal Participant. (ii) The Loan Agreement shall provide for payments sufficient to pay expenses incident to the issuance of the Bonds and any costs and expenses of the Interlocal Participant and its counsel. It is understood that the Interlocal Participant and the Interlocal Borrower have determined that such agreement to pay expenses and costs of the Interlocal Participant and of Broward County, Florida shall be satisfied by the agreement of the Interlocal Borrower in the Loan Agreement to pay to the Interlocal Participant: (i) on the date of delivery of the Bonds, an amount equal to the product obtained by multiplying the original principal amount of the Bonds attributable to facilities located in Broward County, Florida times .0005; and (ii) on each annual anniversary date of such delivery, an amount equal to the CHI-1335583v2 5 16K9 product obtained by multiplying the principal amount of Bonds attributable to facilities located in Broward County, Florida which were outstanding on the anniversary date times .0005. The Interlocal Participant and the Interlocal Borrower further agree that: (1) if the Interlocal Participant adopts a fee or similar schedule for executing Interlocal Participation Agreements which if applied to the Bonds would result in a lower amount being payable to the Interlocal Participant by the Interlocal Borrower than under the agreement herein referred to, the Interlocal Borrower's payment obligation referred to above shall be reduced to such lower level; and (2)if the Interlocal Participant fails to adopt such a fee schedule by or ceases using any such fee schedule which it adopted by ., the Interlocal Borrower shall have no obligation or further obligation, as the case may be, to pay the amounts hereinabove referred to in subsection (ii). (c) Administrator. Pursuant to Section 163.01(6) of the Interlocal Cooperation Act, the Issuer is hereby designated the Administrator. The Administrator shall have and is hereby delegated full power and authority to do all things necessary or convenient to carry out the purposes of this Agreement, including, without limitation, the appointment of such agents or entities as are necessary or desirable to effectuate the issuance of the Bonds and the making of the Loan. Section 5. Amendments. This Agreement may not be amended, changed, modified or altered except by an instrument in writing which shall be (i) approved by a Resolution of the goveming body of the Issuer and of the Interlocal Participant, (ii) executed by duly authorized officers of the Issuer and the Interlocal Participant, and (iii) filed with the Clerk of the Circuit Court of Collier County, Florida and in the public records of Broward County, Florida in the County Records Division. Section 6. Severability. If any term or provision of this Agreement or the application thereof shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the extent permitted by law. To the extent permitted by applicable law, the parties hereby waive any provision of law which would render any of the terms of this Agreement unenforceable. Section 7. Governing Law. All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of Florida. Section 8. Notices. Any notice or other communication shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed as follows: CHI-1335583v2 6 16K9 If to the Issuer: Collier County Health Facilities Authority C/O Clerk of the Board of County Commissioners Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, Florida 34112 If to the Interlocal Participant: Broward County Health Facilities Authority 115 South Andrew Avenue Suite 513 Ft. Lauderdale, Florida 33301 In each case with a copy to: Collier County, Florida Clerk of the Circuit Court Attn: Clerk of the Board Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, Florida 34112 and a copy to: Donald A. Pickworth, PA Suite 602, Newgate Tower 5150 North Tamiami Trail Naples, Florida 34103 and a copy to: Broward County, Florida Clerk of the Circuit Court 115 South Andrew Avenue Suite 513 Ft. Lauderdale, Florida 33301 The Issuer and the Interlocal Participant may, by notice given hereunder, designate any further or different addresses to which subsequent notices or communications shall be sent. Section 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. CHI-1335583v2 7 16K9 Section 10. No Delegation of Authority. This Agreement shall in no way be interpreted to authorize the unlawful delegation of the constitutional or statutory duties of the Issuer, the Interlocal Participant or any of their officers, members, representatives or employees. Section 11. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning or rezoning applications nor for any planning or regulatory permits and the approval of this Agreement shall not be construed to be a waiver by either the Issuer or the Interlocal Participant of, and neither the Issuer nor the Interlocal Participant shall be estopped from asserting, any regulatory rights or responsibilities it may have with respect thereto. CHI-1335583v2 8 16K9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested in their respective corporate names by their duly authorized officers all as of the date first above written. COLLIER COUNTY HEALTH FACILITIES AUTHORITY [SEAL] Attest: Title: Printed Name: [SEAL] Attest: Title: Printed Name: By. Title: Printed Name: BROWARD COUNTY HEALTH FACILITIES AUTHORITY By. Title: Printed Name: CHI-1335583v2 9 16K9 STATE OF FLORIDA ) ) SS COUNTY OF BROWARD) I, , a Notary Public in and for the said County in the State aforesaid, do hereby certify that and ., personally known to me to be the same persons whose names are, respectively, as and of the BROWARD COUNTY HEALTH FACILITIES AUTHORITY, a special district and a body corporate and politic, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that they, being thereunto duly authorized, signed, sealed with the corporate seal, and delivered the said instrument as the free and voluntary act of said public body and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of ., 2003. Notary Public Printed Name: Commission Number: [NOTARIAL SEAL] My commission expires: CHI-1335583v2 l0 16K9 STATE OF FLORIDA COUNTY OF COLLIER ) ) ss ) I, ., a Notary Public in and for the said County in the State aforesaid, do hereby certify that and , personally known to me to be the same persons whose names are, respectively, as and of the COLLIER COUNTY HEALTH FACILITIES AUTHORITY, a special district and a body corporate and politic, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that they, being thereunto duly authorized, signed, sealed with the corporate seal, and delivered the said instrument as the free and voluntary act of said public body and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of .,2003. Notary Public Printed Name: Commission Number: [NOTARIAL SEAL] My commission expires: CHI-1335583v2 11 EXHIBIT A 16K9 The opinion of counsel required by Section 3 of this Agreement shall be dated the date of delivery of the Bonds, shall be addressed to the Administrator, the Bond Trustee and such other parties as may be reasonably requested by the Administrator, shall be in form and substance satisfactory to them, and shall be to the effect that: 1. The Interlocal Participant is a public body corporate and politic duly organized and validly existing under the Constitution and laws of the State of Florida and qualifies as a "public agency" within the meaning of the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Part I, Chapter 163, Florida Statutes, as amended). 2. The Interlocal Participant Resolution has been duly adopted by the Interlocal Participant and is in full force and effect. 3. The Agreement has been duly authorized, executed and delivered by the Interlocal Participant and, assuming the due authorization, execution, and delivery thereof by the Issuer and the other public agencies which are parties thereto, constitutes a valid and binding obligation of the Interlocal Participant enforceable against the Interlocal Participant in accordance with its terms. 4. There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court, public board or body pending or, to the best of our knowledge, threatened against or affecting the Interlocal Participant, nor to the best of our knowledge is there any basis therefor, which in any way questions the powers or actions of the Interlocal Participant relative to the Interlocal Participant Resolution or the Agreement. 5. The execution, delivery and performance of the Agreement by the Interlocal Participant will not conflict with or result in the breach of any of the provisions of, or constitute a default under, any indenture, mortgage, deed of trust or agreement or instrument known to us to which the Interlocal Participant is a party or by which it or its properties are bound. CHI-1335583v2 A- 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE-COLLIER COUNTY HEALTH FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. WHEREAS, the Collier County Health Facilities Authority (the "Authority") is (I) a body corporate and politic and a special district of Collier County, Florida ("Collier County") created by Collier County Ordinance No. 79-95 duly adopted by the Board on November 20, 1979 pursuant to the Florida Health Facilities Authorities Law ( Part III of Chapter 154, Florida Statutes), as amended (the "Health Facilities Act"), (ii) a "public agency" as defined in Section 163.01, Florida Statutes, as amended, which is titled the "Florida Interlocal Cooperation Act of 1969" (the "Act", and (iii) a "health facilities authority" as defined in the Health Facilities Act, and a "local agency" under Section 159.27(4) of the Industrial Development Financing Act (Part II of Chapter 159, Florida Statutes), as amended (the "Industrial Act"), with the power to issue revenue bonds for the purposes of financing and refinancing a "project" as defined in the Health Facilities Act and the Industrial Act; and WHEREAS, Cleveland Clinic Florida (A Nonprofit Corporation), a Florida not for profit corporation, with certain facilities located within the boundaries of Collier and Broward Counties Florida, (the "Interlocal Borrower") and Cleveland Clinic Florida Naples Hospital Non Profit Corporation, a Florida not for profit corporation with facilities located within the boundaries of Collier County (collectively with the Interlocal Borrower, the "Borrowers"), have requested the Authority to issue its revenue bonds (the "Bonds") for the benefit of the Borrowers and to loan all or a portion of the proceeds thereof to the Borrowers to, among other things, (i) refund all or a portion of the outstanding principal amount of the $117,000,000 Collier County Health Facilities Authority Hospital Revenue Bonds, Series 1999 (Cleveland Clinic Health System Obligated Group Guaranteed), (ii) pay or reimburse the Borrowers for the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring constructing, renovation, rehabilitating and equipping certain healthcare facilities and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrowers, all as permitted by the Health Facilities Act or the Industrial Act; and WHEREAS, in order to accomplish economies of scale and other cost savings, to help reduce or control the costs of providing health care services in Collier County, and to strengthen or enhance the security on the Bonds, the Authority desires to assist the Borrowers by issuing the Bonds; and WHEREAS, in order to accomplish the purposes of the Act, the Authority will enter into an Interlocal Agreement (the "Interlocal Agreement") with the Broward County Health Facilities COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept./Div: Comm. Dev. Serv./PlanningPerson: Ross C~o¢'henaur Date: Petition No. (If none, give brief description): VA-2002-AR-3322, Harry Wood Petitioner: (Name & Address): Jerry Neal, Purse Associates, 5672 Strand Com't, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: Harry & Julie Wood, 86 Dolphin Circle, Isle of Capri, Naples, FL 34113 Hearing before [] BCC [] BZA [] Other Requested Hearing date:__Februar~ 25, 2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: VA-2002-AR-3322, Jerry C. Neal, representing Harry and Julie Wood, requesting a variance from the required side setbacks for dock facilities from 7.5 feet to 0.0 feet for property located at 86 Dolphin Circle, further described as Lot 86, Isles of Capri Unit I, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. (Companion to BD-2002-AR-3323) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? costs: 113-138312-649110 l~wedby: t , } *, Departm n~ean List Attachments: [] Yes [] No If Yes, what account should be charged for advertising Date Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS, A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLEPK'S OFFICE USE ONLY: Date Received: ~/1 ri (~)3 Date of Public hearing: Date Advertised: RESOLUTION NO. 03- RELATING TO PETITION VA-2002-AR-3322, FOR A PROPERTY HEREINAFTER COLLIER COUNTY, FLORIDA. NUMBER VARIANCE ON DESCRIBED 1N 17A WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 7.5-foot variance from the required 7.5-foot side setback for dock facilities to zero feet as shown on the attached plot plan, Exhibit "A", in a "RSF-4" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-3322 filed by Jerry Neal, Purse Associates, representing Harry R. Wood, 1II, with respect to the property hereinafter described as: Lot 86, Isles of Capri Unit 1, according to the Plat thereof, recorded in Plat Book 3, Page 41, of the Public Record of Collier County, Florida. be and the same hereby is approved for a 7.5-foot variance from the required 7.5-foot side setback for dock facilities set forth in LDC Section 2.6.21. to zero feet as shown on the attached plot plan, Exhibit "A", of the "RSF-4" Zoning District wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3322 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: CHAIRMAN Approved as to Form and Legal Sufficiency: Assistant County Attorney VA-2002 -AR-3322/RG/Io 2 17A January 17, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA-2002-AR-3322, Harry Wood Dear Georgia: Please advertise the above referenced petition on Sunday, February 9, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2002-AR-3322, Jerry C. Neal, representing Harry and Julie Wood, requesting a variance from the required side setbacks for dock facilities from 7.5 feet to 0.0 feet for property located at 86 Dolphin Circle, further described as Lot 86, Isles of Capri Unit 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. (Companion to BD- 2002-AR-3323) . NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT co,,,~R COUN~ COU~HOU~ P.O. BOX 413044 NAPLES. FLORIDA 34101..3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 17, 2003 Mr. Jerry Neal Purse Associates 5672 Strand Court Naples, FL 34110 Re: Notice of Public Hearing to consider Petition VA-2002-AR-3322 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 17, 2003 Harry and Julie Wood 86 Dolphin Circle Isle of Capri Naples, FL 34113 Re: Notice of Public Hearing to consider Petition VA-2002-AR-3322 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Morgan To: Subject: Georgia (E-mail) Advertising - VA-2002-AR-3322 Please advertise the attached on February 9, 2003. Thank you, Trish Minutes & Records VA-2002-AR-3322. VA-2002-AR-3322. doc doc 17A Patricia L. an From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, January 21,2003 8:05 AM Patricia L. Morgan Delivery Status Notification (Relay) A'FFq8677.txt Advertising - VA-2002-AR-3322 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, January 21,2003 7:57 AM Patricia L. Morgan Delivered: Advertising - VA-2002-AR~3322 Advertising - VA-2002-AR-3322 <<Advertising - VA-2002-AR-3322>> Your message To: Georgia (E-mail) Subject: Advertising - VA-2002-AR-3322 Sent: Tue, 21 Jan 2003 08:04:05 -0500 was delivered to the following recipient(s) : legals on Tue, 21 Jan 2003 07:57:04 -0500 Advertising - VA-2002-AR-3322 Patricia L. Morgan Page 1 of 1 17A From: legals [legals@naplesnews.com] Sent: Tuesday, January 21,2003 4:15 PM To: Patricia L. Morgan Subject: RE: Advertising - VA-2002-AR-3322 ok georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, January 21, 2003 8:04 AM To: Georgia (E-mail) Subject: Advertising - VA-2002-AR-3322 Please advertise the attached on February 9, 2003. Thank you, Trish Minutes & Records <<VA-2002-AR-3322.doc>> <<VA-2002-AR-3322.doc> > 1/22/2003 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 0012~0 113138312649 58602117 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb/ who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily ~lewspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any diacount, rebate, commission or refund for the purpose of securing This advertisement for publiction in the said newspaper. PUBLISHED ON: 02/09 AD SPACE: 107.000 INCH FILED ON: 02/10/03 Signature of Affiant ~ - ~ Sworn toand Subscribed b~-~ me thj. s~_~r~_ day of~-~ - o~~ '~* DOnna Ch~ney ~'~ "Y Commiss,on 0~583~~ ~,~ ~xpires ~ptember 1 I, 2005 NOTICE OF PUBLIC HEARING Notice is hereby given that 'the Board of C. ou_n.. ~ Commissioners OT lief County will hold a public_hearing ~ dov~. peoruary ZO, In the Boardroom, 3r~ Floor, Admlnlstrotlo~ Bulldlng, Collier Counh Government Center, 3301 East Tomloml Troll, Nap es, Florida. The meeting will begin at 9.t)0 The Board will consider Petition VA-2002-AR- 3322, ~errv C. Neal~ rep- resenting Harry and Ju- lia Wood, requesting a · variance from the re- quired side se~acks for ack faculties fram 7.5 feet to 0.0 feet for pro~. erfy located at 86 Dol. phln Clrcleo further de. Krlbed ss Lot B6, Isle~. of Capri Unit ~, In Sec tlon 3% Township $' South, Range 26 East Collier Count~, Florida NOTE: All Pers(~5 wish. lng to 5peak on an ~gendo Item must regl ter wNh the County A. mlnlstrator prior to pr seatatlon of the ages Item to be oddresse IndlvIdugl s~)eakers · be limited to $ ainu. t. on (]nV Item: The se~.~ tlon of on mdlvIdum gomzgtlon or group encouraged. If recag- nlzed bV the Chair, a spokesperson for o group or organlzotlo~ may be allotted. ~0 mln.~ Persons wishing to! have written er ~aphlc~ materiels Included Inl fl~e Bo~rd agend~ ets mu~t submit ~ld mo-| terla o minimum of 31 weeks prior to the re-/ specflve public In onv case, written terlols Intended to considered by the Boordl shsll be submitted to| the appropriate C.ountv~ staff a minimum at sev1 en days prior to ~e.pu.b:l IIc h~lng. All used In presen1~elons tore the Board will be-I come a permanen~ peril ef ff~ re,:i~zL ~dW ~r .s~n w.ho .d.ecldes. fo am)em a aeclsion m ~he B6(]rd will need 9. re. cord. of~tfle .~'oceeamgs perTol~lflO tl~ereto onC therefor.e., .may ne. ed..tc ensure mat o verSOTlff recor, dot the proceed Ings is mode, which re. cord Includes the tesfl many snd e¥1dence u~pon~.v/nlch ~e op~e~l OF COUNT" COL ,ER COU.T . FLORIDA / TON~ HENNING~ CHAIR- ~w~oHT E. CLERK I By: /$/Pcdrlclo L. ~or-/ gan, Dem~ Clerk | 17A RESOLUTION NO. 03- 91 RELATING TO PETITION NUMBER VA-2002-AR-3322, FOR A VARIANCE PROPERTY HEREINAFTER DESCRIBED COLLIER COUNTY, FLORIDA. ON WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7.5-foot variance from the required 7.5-foot side setback for dock facilities to zero feet as shown on the attached plot plan, Exhibit "A", in a "RSF-4" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-3322 filed by Jerry Neal, Purse Associates, representing Harry R. Wood, III, with respect to the property hereinafter described as: Lot 86, Isles of Capri Unit 1, according to the Plat thereof, recorded in Plat Book 3, Page 41, of the Public Record of Collier County, Florida. be and the same hereby is approved for a 7.5-foot variance from the required 7.5-foot side setback for dock facilities set forth in LDC Section 2.6.21. to zero feet as shown on the attached plot plan, Exhibit "A", of the "RSF-4" Zoning District wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3322 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ ~ day of ~"'~1~/~/~ , 2003. Approved as to Fo~ and Legal Sufficiency: Pa~ick G. Wh~t~ Assist~t County Attorney VA-2002-AR-3322/RG/Io BOARD OF ZONING APPEALS COLLIER ~TY.~/RIDA . TOM HENNING, CHAIRMAN 2 /\\'\' · Exhibit "A" g'O++ ~'0 ++ z UJ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: [] Normal legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/Div: Public Services Division Person: John Dunnuck Date: 2/5/03 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/^ Hearing before [XX] Bcc BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing). February 25, 2003. Newspaper(s) to be used: (Complete only if important): [] Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common IDeation & Size: AN ORDINANCF AMI=NDING THI= CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I1., ADMINISTRATION, AS PROMULGATED BY ORDINANCE 91-38, AS AMENDED, AMENDING SECTION 2-950, PERTAINING TO OFFICERS, QUORUM, AND RULES OF PROCEDURE TO REVISE THE BLACK AFFAIRS ADVISORY BOARD'S QUORUM REQUIREMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 001- 100190-649100 (County Manager's Fund & Cost Center per Judi Bodine, X8383). L achments: Copy of Proposed Ordinance .DISTRIBUTION INSTRUCTIONS Ae For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 4~.~.~ Date ofPublic hearing: 4//.I..~/6L:! Date Advertised: ORDINANCE 2003- AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I1., ADMINISTRATION, AS PROMULGATED BY ORDINANCE 91-38, AS AMENDED, AMENDING SECTION 2-950, PERTAINING TO OFFICERS, QUORUM, AND RULES OF PROCEDURE TO REVISE THE BLACK AFFAIRS ADVISORY BOARD'S QUORUM REQUIREMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statues, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations necessary for the protection of the public; and WHEREAS, in order to ensure a sufficient number of members are available to conduct the business of the Black Affairs Advisory Board; and WHEREAS, to achieve this end, the Board of County Commissioners on January 23, 2001, authorized amending the Code of Laws and Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 2-950, Officers, quorum, and rules of procedure, of the Code Of Laws And Ordinances Of Collier County, Florida, is amended as follows: Sec. 2-950 Officers, quorum, rules of procedure. (b) The presence of five-e,~mece fifty (50%) percent plus one of the number of appointed members shall constitute a quorum of the board necessary to take action and transact business. At least four (4) appointed members shall be present in order to transact any official business of the board. In addition, an affirmative vote of five three (3) or more members shall be necessary in order to take official action, regardless of whether-five-four or more members of the board are present at the meeting. SECTION TWO: Conflicts and Severability. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re:lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. 17C SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tom Henning, CHAIRMAN Approved as to form and legal sufficiency: ~cquSline Hu6bard Robinson A.~sistant County Attorney Development Services Words -*'"'-~- *~' ..... ~' are deleted, words underlined are added. February 10, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Ordinance Amending the Code of Laws and Ordinances to Revise the Black Affairs Advisory Board's Quorum Requirement Dear Georgia: Please advertise the above referenced petition on Friday, February 14, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffinan, Deputy Clerk Enclosure Charge to Account #001-100190-6491 O0 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 25, 2003, in the Boardroom, 3rd Floor, Administration Building,. Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE II., ADMINISTRATION, AS PROMULGATED BY ORDINANCE 91-38, AS AMENDED, AMENDING SECTION 2-950, PERTAINING TO OFFICERS, QUORUM, AND RULES OF PROCEDURE TO REVISE THE BLACK AFFAIRS ADVISORY BOARD'S QUORUM REQUIREMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman To: Subject: legals@naplesnews.com Ordinance Relating to the Black Affairs Advisory Board Good Afternoon, Georgia, Please advertise the above referenced notice as per the attached. Thank you, Ellie Black Affairs Black Affairs Advisory Board.d... Advisory Board.d_. 170 Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, February 10, 2003 4:33 PM Ellie J. Hoffman Delivered: Ordinance Relating to the Black Affairs Advisory Board 17C Ordinance Relating to the Blac,.. <<Ordinance Relatin9 to To: Subject: Sent: the Black Affairs Advisory Board>> Your legals®naplesnews.com Ordinance Relating to the Black Affairs Mon, 10 Feb 2003 16:41:10 -0500 was delivered to the following recipient(s): 10 Feb 2003 16:33:11 -0500 legals on Mort, Advisory Board message Ordinance Relating to the Black Affairs Advisory Board Page 1 of 1 Ellie J. Hoffman 17C From: legals [legals@naplesnews.com] Sent: Monday, February 10, 2003 4:36 PM To: Ellie J. Hoffman Subject: RE: Ordinance Relating to the Black Affairs Advisory Board 2/14 ok georgia ..... Original Message ..... From: Ellie J. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] ~ent: Monday, February 10, 2003 4:41 PM To: legals@naplesnews.com Subject: Ordinance Relating to the Black Affairs Advisory Board Good Afternoon, Georgia, Please advertise the above referenced notice as per the attached. Thank you, Ellie <<Black Affairs Advisory Board.doc>> <<Black Affairs Advisory Board.doc.dot>> 2/11/2003 Naples Daily News Naples, FL 34102 Affidavit of Publication NapLes DaiLy News BOARD OF COUNTY COHMISS[ONERS CHERI LEFAt{A PO BOX 413U16 NAPLES FI.. 34'101-3016 REFERENCE: 001230 001100190669 58605760 NOTICE OF INTENT TO State of FLorida County of Collier Before the und~rsigned authority, personally appeared B. Lamb, who on oath says that sh~ serves as Assistant Corporate Secretary of the Naples OaiLy News, a daily newspaper published at Naples, in Collier Ccu;~ty, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail dotter at tho po~t office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that sine has neither paid nor promised any pardon, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/14 AD SPACE: 127.000 INCtl FILED ON: 02/14/03 Signature of Aft'lent /~)~ ~' s.orn to .nd Subscr,b bL .. o, .¢~% Donna Chesnw /~ L ~ ; M~ Commission D~583~ ~;~ Expires Septem~r 11, 2~5 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is herebyglvenJ that on Tuesday, Febru-~ dry 25, 2003, In the Boardroom. 3rd Floor, Admlnlsfrat[on Bulldlng, Cailler County Govern- ment Center, 3301 East Tamidml Troll, Ndptes, Florida, fha Board of County Commissioners will conslder the enact- ment of a County Ordi- nance, The meeting will commence at 9:00 A.M. The title of the proposed Ordinance Is as follows: AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDI- NANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I1., ADMINISTRATION, AS PROMULGATED BY ORDINANCE 91-38, AS AMENDED, AMENDING SECTIQN 2-950, PER- TAINING TO OFF CERS, QUORUM, AND RULES OF PROCEDURE TO REVISE THE BLACK AF- FAIRS ADVISORY BOARD'S QUORUM RE- QUIREMENT: PROVID- ING FOR CONFLICT AND SEVERABILITY, IN- CLUSION IN THE CODE OF LAWS AND ORDI- NANCES; AND PROVID- ING AN EFFECTIVE DATE, Copies of the proposed Ordinance ore on file with the Clerk to the Board and are oval ab e for Inspection. All Inter. ested parties are Invlte¢ to attend and be heard. NOTffi: All Persons wish. lng,to speak o.n an.¥ age~a Item must regis- ter with the County ad. mlnlstrator prior to pre- sontatlon of the agenda Item ta be addressed, Individual speakers w be limited to 5 minutes on any Item. The solec. tlon of an Individual to ~oeak on behalf of an ar- ganlzatlon or group Is encouraged. If recog. nlzed by the Chairman, _ a_g~pokesperson for a group or 0~gan~6TJ~ may be allotted 10 min- utes to speak on an Item. Persons wishing to have wrlffen or graph c ma-I terlals Included In thai Board agendapacketsl must submlt saldmaterl-I al a minimum weeks prior to the re-I spectlve public hearln~.~ In any case, written ma .! terlals Intended to c.o~sld, ered.by the Bo~r I snail oe suomthed to th~ appropriate County stol a minimum of seven days prior to the public hearing. All material used In present, Ions be. fore the Board will be- came a permanent pad of the record. Any person who decides to appeal a decision of the Board will need a re. cord of the proceedlngs pertaining thereto and therefore, may need to ensure tflat a verbatim record of the proceed, lngs Is made, which re- cord Includes the testi- mony and evidence upon whlch the appeal Is I~sed. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIR. MAN DWIGHT E. BROCK CLERK BY: /s/Ellle Hoffmcm ~OALU~ Clerk Feb. 14 No. 10141 ORDINANCE 2003- O8 AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I1., ADMINISTRATION, AS PROMULGATED BY ORDINANCE 91-38, AS AMENDED, AMENDING SECTION 2-950, PERTAINING TO OFFICERS, QUORUM, AND RULES OF PROCEDURE TO REVISE THE BLACK AFFAIRS ADVISORY BOARD'S QUORUM REQUIREMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statues, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations necessary for the protection of the public; and WHEREAS, in order to ensure a sufficient number of members are available to conduct the business of the Black Affairs Advisory Board; and WHEREAS, to achieve this end, the Board of County Commissioners on January 23, 2001, authorized amending the Code of Laws and Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 2-950, Officers, quorum, and rules of procedure, of the Code Of Laws And Ordinances Of Collier County, Florida, is amended as follows: Sec. 2-950 Officers, quorum, rules of procedure. (b) The presence of five-er~mere fifty (50%) pement plus one of the number of appointed members shall constitute a quorum of the board necessary to take action and transact business. At least four (4) appointed members shall be present in order to transact any official business of the board. In addition, an affirmative vote of five three (3) or more members shall be necessary in order to take official action, regardless of whether-C, ve-four or more members of the board are present at the meeting. SECTION TWO: Conflicts and Severability. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. I?C SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~-~ day of [L"~U.z.(~j ,2003. BOARD OF COUNTY COMMISSIONERS Tom .e'fin'r'ng, C. (IRMAN -- Approved as to form and legal sufficiency: ~cqu~line Hul~bard Robinson A,~sistant County Attorney Development Services Words str.'ck tSrcugk, are deleted, words underlined are added. 17C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-08 Which was adopted by the Board of County Commissioners on the 25th day of February, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of February, 2003. Ex-officio.~ County Comm~ss~ners-~ By: Deputy clerk