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Agenda 03/12/2018 Cedar Hammock Community Development District Board of Supervisors Tom Cook,Chairman Bob Koncar,District Manager Gary McClellan,Vice Chairman Justin Faircloth,District Manager Larry Minamyer,Assistant Secretary Dan Cox,District Counsel Norman Day,Assistant Secretary Sam Marshall,District Engineer Quentin Greeley,Assistant Secretary Regular Meeting Agenda March 12,2018—3:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Audience Comments 4. Acceptance of Resignation 5. Presentation by Vinyl Bulkhead Company and Norman Day A.Hole#16 Probing Results 6. Old Business A. Bridges Report i. Immediate Safety Repairs H. Other Repairs Required B. Review of Proposed Budget for Fiscal Year 2019 C. Consideration of Resolution 2018-05 Setting the Budget Public Hearing 7. New Business A. Consideration of Resolution 2018-03 Confirming the District's Use of the Collier County Supervisor of Elections to Continue Conducting the District's Election of Supervisors B. Organizational Matters i. Appointment of Supervisor(Seat 4)—Letters from Residents ii. Oath of Office Newly Appointed Supervisor iii. Resolution 2018-4,Designating Officers C. Bridges and Bulkheads Presentation Package for March 19,2018 8. Manager's Report A. Approval of the Minutes of the February 12,2018 Meeting with Exhibit A B. Financial Report C. Follow Up Items 9. Attorney's Report 10. Engineer's Report Cedar Hammock CDD March 12,2018 Page 2 11. Communication to Master Board 12. Audit Committee Meeting 13. Supervisors Request 14. Adjournment THE NEXT REGULAR MEETING IS SCHEDULED FOR APRIL 16,2018 at 3:00 P.M. District Office: Meeting Location: 5911 Country Lakes Drive Cedar Hammock Clubhouse Fort Myers,Florida 8660 Cedar Hammock Boulevard 239-245-7118 Naples,Florida www.CedarHammockCDD.com Agenda Page#4 5/- 02e1 M4ON1 1-71 AlAy. 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Aaoei cpj) e Attei ececnitaim-ed/pyie , feeste /1/1:i 4/1 Avg rilyerz-_ ~IOW Ad Proof NaptrEI BIIiIJ Sales Rep:Meieida Cardenas(N9103) Phone: Email: 1c�otuit Irtormalion nsertiott btfoimaiiou Date:09.19!17 This is a proof of your ad scheduled to run on the dates indicated below. Amami Number:531406 05 Please confirm placement prior to deadline by contacting your account (N 6685) Company Name:CEDAR HAMMOCK COMMUNITY rep at . Ad Id: 1758137 P.O.No.: Total Cost:$294.00 Contact Name: [mail:Mona.Slauglter:diSTServices.comu fag Line:Notice of MeetingsCedar Hammock k Corn Address: 210 N UNIVERSITY DR #702. CORAL SPRINGS, [L. , Start Date.0922/17 Stop Date:09122117 33071 Number of Times:I Class:16250-Public Notice Phone:(954)753-0380 Pax:(954)775-6701 Publications:ND-Naples Daily Ness-ND-Internet-naplesnesss.com foryour business. Our commitment to a quality includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,'thank you producti; egorize,edit and refuse certain classified ads.Your satisfaction is important. if you notice errors in your ad.please notify the classified department immedi- ately so that we can make corrections before the second print date. The number us call is 239-2f3-4700. Allowance mar not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. I agree this ad is accurate and as ordered. Notice of Meetings Cedar Hammock Community Development District The Board of Supervisors of the Cedar Hammock Community Development District will hold their meetings for Fiscal Year 2018 at the Cedar Hammock Clubhouse,8660 Cedar Hammock Boulevard,Naples,Florida at 3:00 p.m.on the second Monday of the following months except as noted: October 9,2017 November 13.2017 January 8,2018 February 12,2018 March 12,2018 April 9,2018 May 21,2018(third Monday) There may be occasions when one or more Supervisors will participate by telephone. Meetings may be continued to a date and time certain which will be announced at the meeting. In accordance with the provisions of the Americans with Disabilities Act,any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Management Company. Severn Trent Services at(954)603-0033. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7.1-1 or(800)955-8771(TTY)/(800)955-8770(Voice)for aid in contacting the District Office at least two(2)days prior to the date of the hearing and 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. Bob Koncar District Manager September 22,2017 No.1758137 Agenda Pago#7 CEDAR HAMMOCK Community Development District Annual Operating and Debt Service Budget Fiscal Year 2019 Version 2 -Proposed Budget Prepared by: 6INFRAMARK INERASTRUCTURE MANAGEMENT SERVICES Agenda Page#8 CEDAR HAMMOCK Community Development District Budget Overview Fiscal Year 2019 Agenda Page#9 CEDAR HAMMOCK Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues,Expenditures and Changes in Fund Balances 1-2 Budget Narrative 3-6 Exhibit A-Allocation of Fund Balances 7 SUPPORTING BUDGET SCHEDULES 2018-2019 Non-Ad Valorem Assessment Summary 8 Agenda Page#10 CEDAR HAMMOCK Community Development District Operating Budget Fiscal Year 2019 II CEDAR HAMMOCK Community Development District Agendgng allkund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2019 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU FEB- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2017 FY 2018 JAN-2018 SEP-2018 FY 2018 FY 2019 REVENUES Interest-Investments $ 3,494 $ 3,150 $ 2,017 $ 2,112 (95) 2,017 $ 2,017 Special Assmnts-Tax Collector 279,650 279.650 379,523 363,050 16,473 379,523 379,523 Special Assrmts-Discounts (10,201) (10,283) (15,181) (14,151) (1,030) (15,181) (15,181) Other Miscellaneous Revenus $ 5,988 $ 5,988 Total $ - $ - $ - $ - $ - $ - $ - TOTAL REVENUES 272,943 272,517 366,359 356,999 15,348 372,347 366,359 EXPENDITURES Administrative ProfScrv-Engineering 7,544 22,806 30,000 1,310 28,890 30,000 30,000 ProfServ-Legal Services 1,383 1,413 2,000 460 1,540 2,000 2,000 ProfServ-Mgmt Consulting Sery 35,146 32,130 37,286 12,429 24,858 37,287 38.406 ProfServ-Property Appraiser 4,195 4,195 5,693 4,195 - 4,195 5,693 ProfServ-Speclal Assessment 2,855 2,855 2,855 2,855 - 2,855 2,941 ProfServ-Web Site Maintenance - 617 637 - 637 637 656 Auditing Services 5,000 5,000 5,000 - 5,000 5,000 5,000 Postage and Freight 407 1,050 765 195 570 765 765 Insurance-General Liability 7,135 7,235 7,500 7,235 - 7,235 7,959 Printing and Binding 738 933 1,000 459 918 1,377 1,377 Legal Advertising 1,839 2,090 2,394 589 1,805 2,394 2,394 Misc-Bank Charges 690 656 700 242 484 726 700 Misc-Assessmnt Collection Cost 3,291 3,618 7,590 6,978 612 7,590 7,590 Misc-Web Hosting 682 115 232 212 20 232 239 Office Supplies 121 - 400 33 66 99 400 Annual District Filing Fee 175 175 175 175 - 175 175 Total Administrative 71,181 84,888 104,227 37,367 65,200 102,567 106,294 I. Annual Operating Budget Fiscal Year 2019 Page 1 I ( CEDAR HAMMOCK Community Development District Age Cien ealYund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2019 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU FEB- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2017 FY 2018 JAN-2018 SEP-2018 FY 2018 FY 2019 Field ProfSery-Field Management 700 1,450 1,494 - 1,494 1,494 1,539 Contracts-Water Mgmt Services - 7,200 7,200 2,400 4,800 7,200 7,200 Utility-Cameras 2,305 1,288 1,320 423 846 1,269 1,269 Electricity-Wells 1,271 2,885 3,000 498 996 1,494 3,000 Electricity-Aerator 139 1,648 2,000 460 920 1,380 2,000 R&M-Lake 5,822 3,000 - 3,000 3,000 3,000 R&M-Bridges 8,000 R&M-Bulkheads 8,000 R&M-Plant Replacement - 1,593 3,015 - 3,015 3,015 3.015 Misc-Contingency - 17,699 15.868 125 125 21,207 Capital Outlay - 22,875 9,945 - - 9,945 CapitalOutlay-Bulkheads 28,290 - 1,500,000 - - - - Reserve-Bridges 100,465 - 20,910 - - - 20,910 Reserve-Bulkheads - 45,332 83,980 - - - 83,980 Reserve-Lakes - 442 15,000 - - - 15,000 Reserve-Roadways - 195,200 72,000 5,457 5,457 72,000 Total Feld 149,512 297,612 1,738,732 9,363 15,071 24,434 260,065 Debt Service 238,732 Interest Expense - 23,400 - - - - Total Debt Service - 23,400 - - - • TOTAL EXPENDITURES 220,693 382,500 1,866,359 46,730 80,271 127,001 366,359 Excess(deficiency)of revenues Over(under)expenditures 52,250 (109,983) (1,500,000) 310,269 (64,923) 245,346 - OTHER FINANCING SOURCES(USES) Loan Proceeds - - 1,500,000 - - - TOTAL OTHER SOURCES(USES) - - 1,500,000 - - - -1 Net change in fund balance 52,250 (109,983) - 310,269 (64,923) 245,346 - Fund balance-audit adjustments - - - - - - - FUND BALANCE,BEGINNING - 717,404 609,902 609,902 - 607,421 852,767 FUND BALANCE,ENDING $ 717,404 $ 607,421 $ 609,902 $ 920,171 $ (64,923) $ 852,767 $ 852,767 Annual Operating Budget Fiscal Year 2019 Page 2 • Cedar Hammock Agenda Page#13 Community Development District General Fund Budget Narrative Fiscal Year 2019 REVENUES: Interest Income The District earns interest on the monthly average collected balance for their operating accounts,money market accounts and certificates of deposits. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162,Florida Statutes, discounts are allowed for early payment of assessments. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES: Administrative: Prof Service-Engineering 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. Prof Service-Legal Services The District's legal counsel will he providing general legal services to the District, i.c., attendance&preparation for monthly meetings,review operating&maintenance contracts,etc. Prof Service-Management Consulting Sery The District receives Management, Accounting and Administrative services as part of a Management Agreement with Inframark Infrastructure Management Services. These services are further outlined in Exhibit"A"of the Management Agreement. A 3%increase is proposed. Prof Service-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes,administrative costs shall include,but not be limited to,those costs associated with personnel, forms, supplies,data processing, computer equipment,postage, and programming. The budget for property appraiser costs was based on 1.5%of gross assessments. Annual Operating Budget Fiscal Year 2019 Page 3 II Cedar Hammock Agenda Page#14 Community Development District General Fund Budget Narrative Fiscal Year 2019 Prof Service-Special Assessment The District's Collection Agent will be providing financials services which include the collection of prepaid assessments, maintenance of District's assessment roll and levying the annual operating and maintenance assessments. Prof Service—Web Site Maintenance Inframark Infrastructure Management Services maintains the District's email accounts&updates the web site information. A 3%increase is proposed. Auditing Services The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Postage and Freight Mailing of agenda packages,overnight deliveries,correspondence,etc. Insurance-General Liability 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. 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. Misc-Bank Charges Bank analysis fees that are incurred during the year. Misc-Assessment Collection Costs The District reimburses the Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The budget for collection costs was based on a maximum of 2%of the anticipated assessment collections. Misc—Web Hosting The District incurs expenses to maintain and renew their website domain and email accounts. Annual Operating Budget Fiscal Year 2019 Page 4 Cedar Hammock Agenda Page#15 Community Development District General Fund Budget Narrative Fiscal Year 2019 Office Supplies Miscellaneous office supplies required for the preparation of agenda packages. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Dept of Economic Opportunity Div. Field Services: Prof Service—Field Management Inframark Infrastructure Management Services inspects the field and provides an annual report. Contracts—Water Mgmt Services Professional services for environmental permit compliance. Currently all fees associated with the renewal of the Water Use Permit. Contracts-Water Quality Professional services in monitoring water quality for reporting to regulatory agencies. Utility—Cameras Comcast provides monitoring services for the District's gate cameras. Electricity-Wells FPL provides electrical services for the District's pumps at the following addresses: • 8684 Cedar Hammock Circle-Well #4 Meter KL35128 • 3639 Cedar Hammock Court—Well#6 Meter ACD4996 Electricity-Aerators FPL provides electrical services for the District's pumps at the following addresses: • 3826 Wax Myrtle Run—Meter ACD4234 • 8892 Cedar Hammock Blvd—Meter ACD4976 • 3766 Buttonwood Way—Meter ACD8387 R&M-Lake Repair and maintenance expenses related to lakes including washout repairs and erosion. R&M—Plant Replacement Replace landscape plantings at pumps. Misc-Contingency Any current year Field expenditure that may not have been provided for in the budget. Annual Operating Budget Fiscal Year 2019 Page 5 it Cedar Hammock Agenda Page#16 Community Development District General Fund Budget Narrative Fiscal Year 2019 Capital Outlay Capital expenditures for items such as irrigation equipment or other items meeting capital expenditure requirements. Reserve-Bridges Funds to be set aside for future bridge expenditures as determined by the BOS. Reserve-Bulkheads Funds to be set aside for future bulkhead expenditures as determined by the BOS. Reserve-Lakes Funds to be set aside for future lake expenditures as determined by the BOS. Reserve-Roadways Funds to be set aside for future roadway expenditures as determined by the BOS. Annual Operating Budget Fiscal Year 2019 Page 6 CEDAR HAMMOCK Agenda Page#17 Community Development District General Fund Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2019 $ 853,604 Net Change in Fund Balance-Fiscal Year 2019 - Reserves-Fiscal Year 2019 Additions 191,890 Total Funds Available(Estimated)-9/30/2019 1,045,494 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 43,617 i1l Reserves-Bridges Prior Year's Reserve Funding 118,180 FY 2018 Reserve Funding 20,910 FY 2019 Reserve Funding 20,910 160,000 Reserves-Bulkheads Prior Year's Reserve Funding 67,360 FY 2018 Reserve Funding 83,980 FY 2019 Reserve Funding 83,980 235,320 Reserves-Lakes Prior Year's Reserve Funding 29,553 FY 2018 Reserve Funding 15,000 FY 2019 Reserve Funding 15,000 59,553 Reserves-Roadways Prior Year's Reserve Funding 117,866 FY 2018 Reserve Funding 72,000 Use of Reserves in FY18 (5,457) FY 2019 Reserve Funding 72,000 256,409 Subtotal 754,899 Total Allocation of Available Funds 754,899 Total Unassigned(undesignated)Cash $ 290,595 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating Budget Fiscal Year 2019 Page 7 Agenda Page#18 CEDAR HAMMOCK Community Development District Supporting Budget Schedules Fiscal Year 2019 CEDAR HAMMOCK Agenda Page#19 Community Development District 2018-2019 Assessment Chart O&M Assessment Percent Product Total Units FY 2019 FY 2018 Change Single Family 65 $ 475.00 $ 475.00 0.0% 2-Story 228 $ 475.00 $ 475.00 0.0% 4-Story 330 $ 475.00 $ 475.00 0.0% Duplex 176 $ 475.00 $ 475.00 0.0% 799 Annual Operating Budget Fiscal Year 2019 Page 8 Agenda Page#22 RESOLUTION 2018-03 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT CONFIRMING THE DISTRICT'S USE OF THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO CONTINUE CONDUCTING THE DISTRICT'S ELECTION OF SUPERVISORS IN CONJUNCTION WITH THE GENERAL ELECTION. WHEREAS, the Cedar Hammock Community Development District (hereinafter the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Naples,Florida; and WHEREAS, the Board of Supervisors of Cedar Hammock Community Development District (hereinafter the "Board") seeks to implement section 190.006(3)(A)(2)(c), Florida Statutes and to instruct the Collier County Supervisor of Elections (the "Supervisor") to conduct the District's General Elections. WHEREAS, the Supervisor has requested the District adopt a resolution confirming the District's use of the Supervisor for the purpose of conducting the District's future supervisor elections in conjunction with the General Election;and WHEREAS, the District desires to continue to use the Supervisor for the purpose of conducting the District's supervisor elections in conjunction with the General Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT: Section 1. The Board is currently made up of the following individuals: Thomas Cook,Gary McClellan,Norman Day,Quentin Greeley and vacant seat Section 2. The term of office for each member of the Board is as follows: Supervisor Term(Including Expiration Date) Thomas Cook 11/2018 Gary McClellan 11/2018 III Agenda Page#23 Norman Day 11/2018 Quentin Greeley 11/2020 Vacant Seat 11/2020 Section 3. Seat 3, currently held by Thomas Cook, Seat 2, currently held by Gary McClellan and Seat 1, currently held by Norman Day are scheduled for the General Election in November 2018. Section 4. Pursuant to section 190.006(8), Florida Statutes, members of the Board shall be entitled to receive for his or her services an amount not to exceed$200 per meeting of the Board,not to exceed$4,800 per year per member. Section 5. The term of office for the individuals to be elected to the Board in the November 2018 General Election is four years. Section 6. The new Board members shall assume office on the second Monday following their election. Section 7. The District hereby instructs the Supervisor to continue conducting the District's elections in conjunction with the General Election. The District understands that it will be responsible to pay for its proportionate share of the General Election cost and agrees to pay same within a reasonable time after receipt of an invoice from the Supervisor. PASSED AND ADOPTED THIS 12TH DAY OF MARCH,2018. ATTEST: CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTTRICT �I / i 1rstin Faircloth Thomas Cook Secretary Chairman Agenda Page#26 David Schmudde 3848 Wax Myrtle Run Naples, FL 34112 732-809-0645 March 1, 2018 Justin Faircloth District Manager Community Development District Re: Vacancy for Board Member Dear Mr. Faircloth: I am interested in the vacant Board position on the Cedar Hammock Community Development District Board. I am a resident of Cedar hammock, resident of Florida and am registered to vote in Collier County. I have a BSCE degree from Marquette Univ., with a specialization in structural engineering. I have worked in heavy construction. I have a M.Econ. from North Carolina State Univ. I have a J.D.from the University of Florida. I am a current member of the Florida Bar, and the Bar of the State of New York. I was a professor of Law at Fordham University for 36 years. I taught Property Law, Real Estate Finance and Tax Law. I was a trial attorney for the Office of Chief Counsel to the IRS. Agenda Page#27 I was president of a Homeowner's Association in New Jersey for eight years. I was Treasurer of a Homeowner's Association in New Jersey for four years. This Homeowner's Association was similar to Cedar Hammock, having a golf course and many amenities. I believe that my background in engineering, finance and law make me uniquely qualified to work on this Board. Sincerely, David Schmudde Agenda Page#28 From:jay&nancy straub [rnailto:jstrat b5icicomcast,aret] Sent:Wednesday,February 28,2018 1:32 PM To: Faircloth,Justin<Justin.Faircloth@;.inframark_cotn.> Cc: tonm(a,tonlgerr ec.com;generalmanager,Tom Read <generalmanager(cr;cedarhamrockcc.com> Subject: CDD Board position Mr. J ustin Faircloth, I would like to be considered for membership on the CDD Board at Cedar Hammock During my working career. I owned and managed both residential and commercial properties. I hired contractors and did much of the work myself. As a public school teacher for 33 years I served on several state committees and was president of our teachers' organization. I also was a board member of a sheltered workshop for handicapped individuals, being the president at one time. At Cedar Hammock I am president of our home owners' association. Included in my responsibilities have been a roof replacement of over $240,000 and an outdoor lighting project for the buildings and garages. I have experience working with management companies and contractors. Currently, I am chairman of the Cedar Hammock Building and G rounds Committee. I also served on the Amenities Expansion Committee. I would like to thank the Board for the hard work they do and would welcome the opportunity to assist in any way. Thank you for your consideration. Jay M. Straub 8560 Cedar Hammock Circle #916 Naples FL 3411 cell 814 332 0333 Forwarded Message From: "Jack Rupe" <jackrupe(cr�gmail.com> To: Tustin.faircloth(a�inframark.com Sent: 2/26/2018 9:11:32 AM Subject: Cedar Hammock Supervisor position #4 Dear Board of Supervisors for the Cedar Hammock CDD My name is Jack Rupe. I am submitting my name for consideration for the vacated Seat#4 on the Board of Supervisors for the Cedar Hammock Community Development District. I have been a Cedar Hammock owner since April 2010, Florida Resident, a registered voter and a year-round resident for the past three plus years. My career was in the Fire Service for 31 years, during those years I was a Certified Fire Inspector, Arson investigator, a member of Building Official Code Administrators International (BOCA). The last 16 years of my carrier I was promoted and served as Fire Chief. After retiring from the fire service, I ran for treasurer of the City of Lancaster and was elected to two four years'terms of office. I have served as an officer and director for a number of non-profit community based organizations such as Board Member and President of Meals on Wheels, President of Cerebral Palsy and Disabilities County Board, County Zoning Board member and was a Certified Building Inspector. I am familiar with the process of board activities and communication with members of the community. I would appreciate the opportunity to use my time and talents to serve on the Board of Supervisors for the Cedar Hammock Community Development District Respectfully Submitted Jack L. Rupe 8670 Cedar Hammock Cir Unit#236 Naples FL 34112 jackrupeRgmail.com 740-215-1001 RESOLUTION 2018-04 A RESOLUTION DESIGNATING OFFICERS OF CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were appointed to the offices shown,to wit: Ica phL `L Chairman Cj'`VZ i �✓l- 6!c t'�l�y Vice Chairman Justin Faircloth / Secretary Robert Koncar Treasurer Stephen Bloom l Assistant Treasurer 6a,Py ,,kc. T/rei%• ... Assistant Secretary Alvf na-d.i►�, Assistant Secretary t.td-- e. Assistant Secretary PASSED AND ADOPTED THIS 9th DAY OF APRIL,2018. I0,0trk Chairman J� n Fair o h cretary Agenda Page#32 BRIDGES AND BULKHEADS Presentation Package for March 19. 2018 The proposed presentation consists of four sections (attached): 1. The CDD letter intended to have been read at the January 15, 2018 Master Board Meeting. 2. A short description of Florida's Sunshine Laws which affect how COD Supervisors must conduct themselves regarding meetings. 3. Information about Bulkheads and the CDD's current plans. 4. Information about Bridges and the CDD's current plans. Questions and comments from the audience are expected and all Supervisors should plan on being involved in responding. Agenda Page#33 The following letter was prepared for presentation to the January 15,2018 Master Board Meeting-but in a last minute decision by the MB, it was not read The CDD believes it contains useful information which should have been in the community 2 months ago. CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT(CDD) Revised Request for a Liaison to the CDD Board The CDD's project to replace tall bulkheads on holes 4, 5, 16 and 17 in 2019 has been revised to delay the major re-build to 2028 when the golf course is scheduled for re- grassing. This revision will include close monitoring of the condition of these bulkheads and the use of spot repairs/selected maintenance to extend the life of the bulkheads-with outside vendor repair assistance as required. Benefits of this approach include avoiding expenditures of several millions of dollars in 2019(and a likely assessment or major debt obligation), allow several more years to accumulate reserve funding for this purpose, and importantly, avoid major disruptions and operating revenue losses for Cedar Hammock during 2019. Consequently,the close cooperation and mutual decsion making/planning envisioned for the larger project is not required at this time and the CDD recommends that the Master Board action for a Ilaision be delayed indefinitely. As the 2019 project was developing, construction costs obtained were significantly higher than first anticipated and doing the project on the existing golf course precluded using the preferred, lowest-cost small block wall approach due to major on golf course excavation that will significantly encroach into the golf course-an issue which can more readily be addressed in 2028's overall re-grassing plan. Further, a site visit to our sister community Naples Heritage,which has bulkheads 5 years older than ours, suggests that selected repairs and maintenance could extend bulkhead life. Key parts of the revised plan are to have 90% engineering plans completed for the small block wall bulkhead replacements so as to be ready for bidding the project in the future. Short term, CH staff will continue to pay special attention to any signs of bulkhead failures for immediate action. Any repairs requiring manpower or resourses beyond CH capabilities will be addressed with our supplier Artistic Structures- a company that has done excellent work in this area for Cedar Hammock. We thank the CH Master Board and CH Management for their continuing willingness to work with the CDD and we cordially invite anyone interested in CDD activities to attend our meetings and visit our website which has complete financial records and meeting minutes going back several years. file:CDDliaisan January 15,2018 Agenda Page#34 Florida Sunshine Law Cedar Hammock's Community Development District falls under Florida Sunshine laws. Basically, these statutes prohibit two or more members of the same Board from discussiing any matter which foreseeably could come before that Board. It goes so far as to deal with a married couple who serve on the same Board. The ruling is that: no per se violation of the Sunshine Law occurs because they are married as long as they do not discuss Board business. The practical effect of this is that CDD Board members can't talk with other members about any CDD business and, all information/opinion exchanges must occur"in the sunshine". So as new slants or opinions on a topic develop, the Board members must make decisions at the meeting or, they must work independently between the Board meetings to make an informed decision on behalf of their constituents. This has had the effect of delaying decsisions - sometimes over 2 or 3 meetings instead of being handled at the first meeting a subject has been raised. The sunshine laws also affect CDD Board members in other forums. For example, our CDD Board has been cautioned to excuse themselves from "other" meetings, such as a Master Board meeting, when more than one CDD Supervisor is present and any matter that might come before the CDD Board is mentioned. The reason that we are able to have all CDD supervisors at this meeting and discuss CDD business, is becase we passed a "Continuation Motion" at our March 12 meeting to continue discussion at this March 12 meeting. Otherwise, this meeting would only have had one CDD member present - clearly less than desirable. We believe its important that our CH constiutents understand the real impact, or in other words, the price of, open government on how the CDD must and will conduct itself. Agenda Page#35 BULKHEADS How Do They Fail? • Timber walls do not fail catastrophically -they fail as weak spots give way. • Whalers, the horizontal beams between the pilings, can crack, rot, bend or break under load pressures. • We have routinely inspected the whalers and have reinforced many with metal brackets or additional wood braces. We will continue this practice. • Tie backs, which are galvanzized cables which tie the piling back into the earth fail due to corrosion. When they weaken, the piling moves outward or bulges and earth can be washed out. This is a slow moving failure and aesthetically undesirable. • When tie backs fail, the fix is to excavate behind the piling and make repairs. We have made these type of repairs and will continue to make these repairs as necessary. • Making whaler and tie back repairs can extend the useful life and maintain the aesthetics of our timber bulkheads. Agenda Page#36 BULKHEADS New Bulkhead Alternative Designs • Three alternative bulkhead designs have been identified for Cedar Hammock to replace existing bulkheads -especially the "tall" walls on #4, #5, #16 and #17. • The lowest cost, 75 year life replacement wall is the "small block" style. It consists of concrete blocks about 8" x 18" and 9" deep. Construction is done by excavating back about 30 feet onto the course and burying geosynthetic reinforcement in the earth for every three courses of concrete block. Because this design encroaches well into the golf course, it is best suited to be done when the golf course is scheduled for re-grassing. • A second design is a new timber wall. The new wall is designed to be built directly in front of the existing wall, and is constructed in the same manner and appearance as the exisitng bulkhead. This design requires excavation into the golf course of about 12 feet. Cost is higher than the small block design with a life of about 25 years. • The third design is a 1/2 inch thick vinyl sheeting with a corrugated appearance. The sheeting is driven into the earth working from either the grass side(easiest) or the water side(harder and more expensive). Cost is similar to the small block design with a 50 year projected life. Encountering stone outcrops or boulders - a major unknown - could add signifcant costs to the construction. Our neighbor Kensington intends to use this product and we hope to learn from their experience. This alternative is being explored further at this time for costs and feasibility. Agenda Page#37 BULKHEADS Summer 2017 • 90% design levels have been completed by Bridging Solutions for the small block and timber wall alternatives. • Recognizing we wanted to avoid the major incursion into the course of the small block design before 2028, the CDD obtained an estimate of the costs to install a new timber wall. Local firm TSI developed budget estimates for timber walls in October, 2017 Millions of 2017 Dollars*** #4 #5 #16 #17 Total $ 1.23 $ 1.29 $ .48 $ .37 $ 3.37 1/2 of T. Read est. of May thru Oct. shutdown costs $ .42 Total $3.79 million '*"'excludes bonds, ins., permit fees or$27,000 per rock drilling if rock is encountered Minimum Cost per CH door $4,743 Agenda Page#38 BULKHEADS What Next? • Board concluded it would be financially undesirable to proceed with a wholesale bulkhead replacement project. Continuing to monitor and make repairs to extend the life of the bulkheads is determined to be the best plan. This approach is consistent with the approach the CDD has employed to determine the order of road re-surfacing within Cedar Hammock. • CH has scheduled a shut down June 1 to mid July, 2019. If any of the four tall walls is determined during 2018 to need replacement, we would use this window to do it. However, our preferred approach at this time is to continue targeted maintenance and repairs. • Goal is to maintain/repair bulkheads until 2028 golf course re-grassing and then implement small block new walls on #4, #5, #16 and #17. Bridging Solutions has stated that while this is not the "ideal" engineering solution, it is "not unreasonable" and there are examples in the area of older bulkheads that have been maintained without replacement. • If in the coming years it is judged that a bulkhead requires replacement, we will schedule it at the next available planned golf course shut down period. Obtaining a bank loan for an individual hole's bulkhead could be an option for funding. Agenda Page#39 BRIDGES Status Report • In 2017 the bridge at#18 green failed. CH staff implemented a repair to get the bridge back into service. • Because of the failure on #18, the CDD immediately ordered a 100% inspection of all bridges which was completed by January, 2018. • Some urgent repair needs were identified and all of these were completed during the week of March 12, 2018. • Additional repair needs were identified as being required within 1 to 2 years. The CDD intends to complete these within 6 months immediately following the 2018 peak season. • An engineering dynamic load analysis review of our equipment weights concluded all of our equipment can safely transverse all bridges. • Bridge replacement is projected for 2028. Agenda Page#57 Cedar Hammock Community Development District Financial Report January 31, 2018 Prepared by: 6I N FRAMARK 1 wf RAST CFU�!E AIANAGEAitN!St RVIC£$ CEDAR HAMMOCK Agenda Page#58 Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet Page 1 Statement of Revenues,Expenditures and Changes in Fund Balances General Fund Page 2-3 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments Page 4 Cash and Investment Report Page 5 Suntrust Bank Reconciliation Page 6 Check Register and Invoices Pages 7-24 Agenda Page#59 Cedar Hammock Community Development District Financial Statements (Unaudited) January 31, 2018 CEDAR HAMMOCK Agenda Page#60 Community Development District General Fund Balance Sheet January 31, 2018 ACCOUNT DESCRIPTION TOTAL ASSETS Cash-Checking Account $ 389,482 Accounts Receivable 9,912 Due From Other Funds 350,000 Investments: Certificates of Deposit-12 Months 203,413 Certificates of Deposit-18 Months 101,437 Money Market Account 220,682 Prepaid Items 227 Deposits 1,359 TOTAL ASSETS $ 1,276,512 LIABILITIES Accounts Payable $ 356,341 TOTAL LIABILITIES 356,341 FUND BALANCES Nonspendable: Prepaid Items 227 Deposits 1,176 Assigned to: Operating Reserves 36,944 Reserves-Bridges 118,180 Reserves-Bulkheads 67,360 Reserves-Lakes 29,553 Reserves-Roadways 117,866 Unassigned: 548,865 TOTAL FUND BALANCES $ 920,171 TOTAL LIABILITIES&FUND BALANCES $ 1,278,512 Page 1 CEDAR HAMMOCK Agenda Page#61 Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending January 31,2018 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE AS A%OF JAN-18 ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD ACTUAL REVENUES Interest-Investments $ 2,017 $ 2,112 104.71% $ 537 Special Assmnts-Tax Collector 379,523 363,050 95.66% 15,300 Special Assmnts-Discounts (15,181) (14,151) 93.22% (402) Other Miscellaneous Revenues - 5,988 0.00% - TOTAL REVENUES 366,359 356,999 97.45% 15,435 EXPENDITURES Administration ProfServ-Engineering 30,000 1,310 4.37% 783 • ProfServ-Legal Services 2,000 460 23.00% 105 ProfServ-Mgmt Consulting Sery 37,286 12,429 33.33% 3,107 ProfServ-Property Appraiser 5,693 4,195 73.69% - ProfSery-Special Assessment 2,855 2,855 100.00% - ProfSery-Web Site Maintenance 637 - 0.00% - Auditing Services 5,000 - 0.00% - Postage and Freight 765 195 25.49% 34 Insurance-General Liability 7,500 7,235 96.47% - Printing and Binding 1,000 459 45.90% 141 Legal Advertising 2,394 589 24.60% - Misc-Bank Charges 700 242 34.57% 75 Misc-Assessmnt Collection Cost 7,590 6,978 91.94% 298 Misc-Web Hosting 232 212 91.38% 53 Office Supplies 400 33 8.25% - Annual District Filing Fee 175 175 100.00% - Total Administration 104,227 37,367 35.85% 4,596 Page 2 Agenda Page#62 CEDAR HAMMOCK Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending January 31,2018 ANNUAL YTD ACTUAL i ADOPTED YEAR TO DATE AS A%OF JAN-18 ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD ACTUAL Field ProfServ-Field Management 1,494 - 0.00% - Contracts-Water Mgmt Services 7,200 2,400 33.33% - Utility-Cameras 1,320 423 32.05% 106 Electricity-Wells 3,000 498 16.60% - Electricity-Aerator 2,000 460 23.00% 98 R&M-Lake 3,000 - 0.00% - R&M-Plant Replacement 3,015 - 0.00% - Misc-Contingency 15,868 125 0.79% 125 Capital Outlay 9.945 - 0.00% - Capital Outlay-Bulkheads 1,500000 - 0.00% - Reserve-Bridges 20,910 - 0.00% - Reserve-Bulkheads 83,980 - 0.00% - Reserve-Lakes 15.000 - 0.00% - Reserve-Roadways 72,000 5;457 7.58% - Total Field 1,738,732 9,363 0.54% 329 Debt Service Interest Expense 23,400 - 0.00% - Total Debt Service 23,400 - 0.00% - TOTAL EXPENDITURES 1,666,359 46,730 2.50% 4,925 Excess(deficiency)of revenues Over(under)expenditures (1,500,000) 310,269 -20.68% 10,510 OTHER FINANCING SOURCES(USES) Loan/Note Proceeds 1,500,000 - 0.00% - TOTAL FINANCING SOURCES(USES' 1,500,000 - 0.00% - Net change in fund balance $ - $ 310,269 0.00% $ 10,510 FUND BALANCE,BEGINNING(OCT 1,2017) 609,902 609,902 FUND BALANCE,ENDING $ 609,902 $ 920,171 Page 3 Agenda Page#63 Cedar Hammock Community Development District Supporting Schedules January 31, 2018 0 (0 o a n co 0 0 0 O> Q CO o Z0 O ,r IN O CO C))CO 0 N O COO OM O COOat G 0 = N O)Com` N co" LI) O) C) � M t0 CG s ." 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N N 10 it 2Y 0 re S t Q E a w01 It U 0 CEDAR HAMMOCK Agenda Page 65 Community Development District Cash and Investment Report January 31,2018 General Fund Account Name Bank Name Investment Type Maturity Yield Balance Checking Account-Operating SunTrust Bank Public Funds NOW n/a 1.16% $ 389,482 Certificate of Deposit-8030 BankUnited 12 month CD 2/13/19 1.54% 203,413 Certificate of Deposit-6089 BankUnited 18 month CD 3/9/18 1.10% 101,437 Money Market Account BankUnited Public Funds MMA n/a 0.77% 220,682 sub-total MMA 220,682 Total $ 915,014 Report Date:2/21/2018 Page 5 Cedar Hammock CDD Agenda Page#66 Bank Reconciliation Bank Account No. 9995 SunTrust•OF Statement No. 0118 Statement Date 1/31/2018 Gil..Balance CLOY) 389,482.43 Statement Balance 389,482.43 GIL Balance 389,482.43 Outstanding Deposits 0,00 Positive Adjustments 0.00 Subtotal 389.482.43 Subtotal 389,482.43 Outstanding Checks 0.00 Negative Adjustments 0.00 Differences 0.00 Ending O/L Balance 389,482.43 Ending Balance 389,482.43 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Page 6 h0 IT-- N CO CO 10 0 0 CO M co co co C O - N N O M O O CD TS N N N- 4t0 a 6 M R <h O N V• co n h a) N 0 15 CO 0 E9 0 Cf) CO N O) N C) E a co EA-U) N EA CO EA .1- 07 ) CO CL Q N CO. E9 EA E9 ER ED N1 ,(0Eri E» Eq 4/1- al ,-- 2 2 m Q w -o_ C .1a a O 0 0 0 0 0 E. 0 0 0 0 w UM N CO M CO CO O) CO O) O) Y a � � 9 9 �� J CO N- ED (/) CD O NO I- C) CO N 0 O 0 0 0 u) to 0 0 0 0 O) O_ O) 0 0 0 a jp M M V e{ 4 a M y M- S 0 CD CA O Lo V) U) .0 Cl) N U. I- O d D 8U a E m T. N a ci V N 5 y N _ O mtc � C 0 — 'O - U c4 g7 m5, y y WEaLLym E. 8nEr-a -o = g Enra � U c d o ' .220 5 m m gcVQ :E: V-3 V. m •_ J B � bb yd 00 OOD ` u) q (9) N m y o _ aaaa > a � Jww Q N W M M O c 0ti o 2Cr, Z WO n COEn n 2 S V •0JWWWa '> Q.Oa f® LL NL u. L 7 o HF- I- HC.-) (_) 0 U UQ. O HQFWC 0 0NY > UUU � DUrV E W M ¢ I•JWWQ L € N QQ CO c0 ai S Q' o a O O O O C U M ire Q C ,- a IL N N N N a W m Q m 9 9 /0 W W W W W Q a N a.2 •C a o 0 0 0 o UE W E• C a s rn Z U U _ vco u EO �o � N 1- CO N- CO t0 O M M EE Cf) O O C EO CO CO ED CD O CO CO 0 N N N N N CD N 0 O a J Cl)-J 0 0 CO ai K JJ JJJ ZpCCo 0. J J J J J = } J 0 2 2Q 2 2Q 2 H ❑ QQ Q < X 2 < W WL ZZ Z Z Z CQ Z LL NaL 8 woocoaomoomoocoCo m � - E N N N EJ N .- Q 0 0 0 0 0 \ \ ` \ Z0 00 0 00 0 0 0 0 M M Y Z IL n.O O O N- N I` n N. N N 0? = CO W co CO CO co W (0 o 0 U Q o 0 0 0 0 0 0 0 0 ❑o W a Z 0 0 0 0 0 0 0 0 0 0 Co W o O o o O o 0 0 0 0 RESOLUTION 2018-05 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2019 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2019; a copy of which is attached hereto, and WHEREAS,the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2018 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: May 21, 2018 Hour: 3:00 P.M. Place: Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 12111day of March, 2018. ---Ti""/"on CL)\-4L---1 Torn Cook Chairman fre"‹.4,*loth e Attractive & i Feature-Filled � �� 3 � z Tverlast Vinyl golf course takewalls have a clean look, L`and we offer color choices and synthetic cap options romatch the surrounding landscape.Ifthe wall ever s,:,, 1, ?- gets dirty,it can easily be pressure washed to took like new again. Evertasi Vinyl Seawalls are perfectly suited for Island A l Greens,retaining walls,retention/detention ponds. channel linings and marsn,wetland bafflers at golf courses.The product is made from recycled products _ and does not leach any harmful chemicals into the -- environment.The sheets are lfVsiebilized.quality , t -. 11414..-:-- i .. � control tested and proven to last...all while looking great! r Gt� gm *1 ' ' -- 7 . ,;:2• A . - Affordable & e1 , . _r .t, i r Minimally Disruptive `'., We've designed our vinyl sheet piling to accornmodategolf course superintendents and their budgets.Golf course lakewalls are often overlooked because of tear of the cost.However, after evaluating the longterm costs.maintenance savings.and aesthetic benefits.t he value speaks for Itself. „,_k rtio , 4 • , # , In many northern climates,Installs can be done during • the winter months,so construction will have little to no • impact on playability.In other cases,the work can be clone in conjunction with normal Mayor in some cases .-. with temporary teeboxes/greens.Crewsareabletowork j<nu ny Davis quickly and normally have work completed within a very short time. Learn MorES About Vinyl Seawalls andIg--'.,' Retaining Walls at Your Course f_ M f i. a , ":3'_.,, ,'''.61,'-,,,,.-4:;,,..,...--,:. �'��roc � � : -,11 ' 0 tilliCt.',t. lif 13$ s. a . : '4 -t4i ,, tipilitt ,13*- 4t tC�r kanYr YA`s4Fn ":'b g. 111.' 11 ii As a proud member of the GCSAA ( C)l f �`�)IT 1^i(' Everlast is working with both Golf Course Superintendents and ® �' 6�i © t.^kE�,p Vinyl Architects to design and retrofit Seawalls golf courses that require long term solutions for seawalls,bulkheads, and retaining walls. Improve Course Aesthetics Save oen Maintenance with Golf'Course Lakewalts If you'd like to learn more about adding an Everlest Vinyl takewall or seawall toyourgolf course, Call us at 1-800-687-0036 for a FREE ES "II�IAITE! J way We wt 11 walk yon through the entire process from EvELast features,benefits,costs both short tern and tong term atxtslxbQos"t loralcontractorstohetpwilh theinstatt. everlastseawalls.com everlastseawatls.com :; ngenium, Inc. March 12,2018 Mr.Norman Day Cedar Hammock CDD and Board of Supervisors Section 3,Township 50 South,Range 26 East Collier County,FL RE: Engineering Services Vinyl Sheet Pile Bulkhead-Golf Hole 16 Collier County,FL Dear Mr.Day: Ingenium, Inc. appreciates the opportunity to provide you with this proposal for engineering services for the above referenced project.Based on the information you have provided our firm, we have prepared the following Scope of Services: I. Engineering Design Services: Engineering design services ("Services") include structural design of a vinyl sheet pile wall totaling approximately 372 LF. Design is to be based on information provided by the Client, including information relating to site conditions—geotechnical and civiUsurvey information. INGENIUM is entitled to rely on such information. II. Completion Time: Estimated two (2) weeks from receipt of all relevant information required to complete the design work and executed design contract. III. Total Estimated Project Fees: Six thousand five hundred ten dollars ($6,5010.00). $2,000.00 is required to execute services agreement and balance is due just prior to issuing final drawings. IV. Limitation of Services: Services do not include on-site inspection, geotechnical or subsurface utility investigation, civil or survey wall layout, permitting, or installation quality assurance/quality control. V. Terms and Conditions: Included as Exhibit"A". VI. On-Site Construction Observation (optional): Same Terms and Conditions in Exhibit"A" and pricing as noted in Exhibit"B". These services will be required if construction compliance with plans and specifications is required. Chapter 471,F.S. and Rule 61 G15-19 requires that I disclose any potential conflict of interest to a client in writing. As a partner with Everlast Synthetic Products,LLC(ESP),such a potential conflict of interest exists. ESP manufactures,markets,distributes,and sells synthetic sheet pile for bulkheads and seawalls. If any of these materials are utilized for this project,I INDENIUM, INC. 4085 DEVEREUX CHASE ROSWELL., GA 30075 678.315. 1751 Mr.Norman Day Vinyl Sheet Pile Bulkhead Page 2 of 5 could realize financial gain through the sale of these products. I can assure you that this will in no way influence my judgment or the quality of service being provided to Cedar Hammock CDD. Should you find our contract terms satisfactory and are in agreement, please initial each page and sign below. Return one (1) copy to our office. If you have any questions, please do not hesitate to contact us. Best Re.ards /. Carl A.Hazenberg,P.E. President Contract offered this 12th day of March.2018 and open until the 12th day of April 2018. INGENIUM: 1, Carl Haze Contract accepted this day of ,2018. Client: By: Name Title Billing Information: Accountants Payable Contact: Company: Address: City: State: Zip: Email Address: Office Tel.: ( ) Fax No.: ( ) Ingenium,Inc. 4085 Devereux Chase Roswell,GA 30075 678.315.1751 Mr.Norman Day Vinyl Sheet Pile Bulkhead Page 3 of 5 EXHIBIT"A" TERMS AND CONDITIONS GENERAL.CONSIDERATIONS: A. Standard of Care: The standard care for all professional engineering and related services (the "Engineering Services")performed or furnished by INGENIUM under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. INGENIUM makes no warranties, express or implied, under this Agreement or otherwise, in connection with the Engineering Services. INGENIUM and its consultants may use or rely upon the design services of others, including,but not limited to,engineers,contractors,manufacturers,and suppliers. B. Subsurface Conditions: INGENIUM recommends that Client provide a site geotechnical investigation and report prepared by a licensed geotechnical engineer. If INGENIUM is directed to proceed with the Engineering Services without the recommended geotechnical investigation and report, Client acknowledges that the Engineering Services will proceed based on assumed soil design parameters, and will hold INGENIUM harmless for any consequences relating to differing subsurface conditions. C. No Construction Supervision,Etc.: INGENIUM shall not at any time supervise,direct,or have control over any Contractor's work,nor shall INGENIUM have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected or used by any Contractor, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor's work. D. Design Services without Construction Phase Services: If INGENIUM's Engineering Services under this Agreement does not include Construction Phase Services (e.g., construction observation, review of Contractor's performance, etc.), INGENIUM's Engineering Services under this Agreement will be considered to be completed upon delivery of construction documents described in INGENIUM's Scope of Services. E. Indemnification: Client shall indemnify INGENIUM for any claims against INGENIUM resulting from its acts, errors, or omissions of any Contractor, subcontractor, or supplier, or of any such person's agents or employees. Client's indemnification obligation shall also extend to claims against INGENIUM relating to any interpretation or clarification relating to the Engineering Services made without the consultation and advice of INGENIUM. F. Use of Documents: All design documents prepared or furnished by INGENIUM are Instruments of Service, and INGENIUM retains an ownership and property interest in such documents (including copyright and the right to reuse),whether or not the Project is completed. Client may make and retain copies of such documents for information and reference in connection with use on the Project by Client.Such documents are not intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other project. Any such reuse or modification without written verification or adaptation by INGENIUM, as appropriate for the specific purpose intended,will be at Client's sole risk and without liability or legal exposure to INGENIUM or to INGENIUM's Consultants. Client shall indemnify and hold harmless INGENIUM and INGENIUM's Consultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from such reuse of INGENIUM's design documents. H. PAYMENT PROCEDURES A. Preparation of Invoices. INGENIUM will prepare an invoice at the end of the month,or when work is completed in accordance with this Agreement. B. Payment of Invoices. Invoices are due and payable within 10 days of receipt. C. Late Payments. Invoices not paid within 30 days of receipt are considered past due and the work associated with the Project may be suspended until full payment due is received. Invoices not paid within 60 days may be referred to outside collection agencies or attorneys. Client will be responsible for costs and attorneys'fees associated with collection of overdue accounts. D. In the event of governmental actions after the Effective Date of this Agreement that impose taxes on INGENIUM's services or other costs in connection with this Project or compensation Ingenium,Inc. 4085 Devereux Chase Roswell,GA 30075 678.315.1751 Mr.Norman Day Vinyl Sheet Pile Bulkhead Page 4 of 5 therefore,such new taxes shall be invoiced to and paid by Client as a Reimbursable Expense to which a Factor of 1.0 shall be applied.Should such taxes be imposed,they shall be in addition to INGENIUM's estimated total compensation. E. Payments Upon Termination. In the event of termination by Client for convenience or by INGENIUM for cause, INGENIUM shall be entitled to invoice Client and shall be paid a reasonable amount for services and expenses directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs incurred in termination of contracts with INGENIUM's sub-consultants,and other related close-out costs,in accordance with fees described for Additional Services. III. ADDITIONAL SERVICES: A. If authorizcd by Client, or if required because of changes in the Project, INGENIUM may furnish services in addition to those set forth in the Scope of Services("Additional Services"). B. Fees for Additional Services shall be as follows: (1) at a rate of$300/hr,or (2) a negotiated lump sum amount. IV. SUSPENSION OF SERVICES: A. If the client fails to make payment after 60 days, INGENIHIM may suspend work until the full payment due is received. B. INGENIUM shall have no liability whatsoever to the Client for any costs or damages as a result of INGENIUM's suspension of services due to Client's failure to make timely payments in accordance with this Agreement. V. CLAIMS AND DISPUTES: A. Limitation of Liability: To the extent permitted by law,and notwithstanding any other provision of this Agreement, the total liability of INGENIUM, its officers, directors, employees and agents, and INGENIUM's sub-consultants, or any of them, to Client and anyone claiming through Client,shall not exceed the amount of fees collected by INGENIUM. B. Dispute Resolution: If a dispute arises out of or relates to this Agreement or its breach,and if the dispute cannot be settled through direct discussions,the parties agree that prior to the filing of any legal action,they will first endeavor to settle the dispute in an amicable manner by non- binding mediation,using a certified mediator or certified mediation service. Failure to resolve the dispute through mediation shall in no way remove the right of either party to pursue any legal action or recourse. C. Individual Liability: UNDER THIS AGREEMENT, AND SUBJECT TO THE REQUIREMENTS OF SECTION 558.0035, FLORIDA STATUTES, WHICH REQUIREMENTS ARE EXPRESSLY INCORPARATED HEREIN, AND INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. VI. CONTROLLING LAW: A. This Agreement is to be governed by the laws of the State of Florida without regard to choice of law or conflict of law principles. Ingenium,Inc. 4085 Devereux Chase Roswell,GA 30075 678.315.1751 Mr.Norman Day Vinyl Sheet Pile Bulkhead Page 5 of 5 Exhibit"B" On Site Construction Observation(optional') Scope: • Observe and document construction activities during key elements of bulkhead(wall) construction. Observations to be carried out by Carl Hazenberg,P.E.or employee/agent of his choosing. • Notify client(verbally or in writing)in a timely manner of any perceived deficiencies,non- compliance with plans/specs,or other perceived issues. • Review of observations by Carl Hazenberg,P.E. Estimated Price For Construction Observation: 5 site visits at$950/visit=$4,750.00 9 site visits at$950/visit—$8,550.00 1 If assurance that construction of wall is in compliance with plans and specifications, construction observation services will be required. Ingenium,Inc. 4085 Devereux Chase Roswell,GA 30075 678.315.1751 General Design&Construction Notes: Material: General Design: 1.)All materials shall be as noted unless local codes provide a stricter guideline i.e.greater strength,durability,etc.It is the contractor's responsibility to understand and comply with these codes. Sheet Pile: 1.)Sheet pile material shall be Everlast ESP 5.5 as provided by Everlast Synthetic Products,LLC. 2.)This design is based on the specific properties of Everlast synthetic sheet piling which are proprietary to Everlast Synthetic Products,LLC 1000 Wyngate Parkway,Suite 100,Woodstock,GA 30189.Any substitution of the specified product will invalidate this design.This drawing is being furnished for use on this specific project only.Any party accepting this document does so in confidence and agrees that it shall not be duplicated whole or in part,nor disclosed to others without the consent of Everlast Synthetic Products,LLC. FRP Wale: 1.)Wale material shall be Everlast 4x6 FRP Tube as provided by Everlast Synthetic Products,LLC. Dimensional Timber&Piles: 1.)All dimensional timber to be SYP No.2 grade or better. 2.)Stagger joints of front and rear timber wales. 3.)All timber to meet or exceed AWPA standards(UC5C)for preservative treatment as applicable. Steel: l.)All steel fasteners and tie-rods shall be hot dip galvanized per ASTM A-153 with 2 ounces of zinc per square foot or be stainless steel(grade 304 or 316). 2,)If bolts not stainless steel,exposed regions to be field treated with bitumastic coating. 3.)Washers(ogee,fender or New York dock)shall have a minimum outer diameter of four times the rod/bolt diameter.Beveled washers shall be used for tie-rods installed at an incline. Backfill: I.)Backfill material is to be free-draining sand or gravel(SP,SW,GP or GW)per ASTM D-2487 and compacted a minimum of 95%per ASTM D-698. 2.)If a fine grained,non-cohesive soil(fine sands,"sugar sand",etc.)is to be used a geotextile is to be placed between sheet pile and soil before backfill installation. Geotextile(Required only if using backfill as noted in Backfill note#2): I.)Geotextile used behind sheet pile shall be Mirafi 140N or equal. (Scale! NTS ) Revisions (Date' 3/9/18 Preliminary viigenium, Ines" Project l Not For 4085 Devereux Chase Construction Roswell, GA 30075 Preliminary Bulkhead Design 678,315,1751 Cedar Hammock Golf&Country Club CA#: 30632 I Naples,FL ( Sheet 1 of 7 ) certified only with sent, signature, and date Dosigai l.)Preliminary design,henceforth called design,is for cast and informational purposes only.ingenium assumes no design responsibility lbs this preliminary design.Owner ami ur conuaclor ase of the drawings is at their own risk. 2.)Design was done without benefit of a soils investigation.ingenium strongly recommends owner commission a soils investigation and confirmation of assumed soil properties by a registered professional geotechnical engineer. 3.)Design is based on soil properties as noted in typical sections. 4.)If actual soil or site conditions differ from that noted in drawings,the engineer shall be notified immediately for a possible redesign. 5.)Design does not consider global(slope)stability.Owner assumes risk for global stability. 6.)Design does not account for presence of underground springs,wells or excessive water from site runoff.If these conditions exist the engineer shall be notified immediately for the need of a redesign. Installation; General Installation 1.)Installation to be conducted according to all applicable OSHA and local codes.It is the contractors responsibility to understand and comply with these codes. Sheet Pile: 1.)Sheet piles shall be vibrated or driven.No jetting of sheet piles will be allowed without written approval from the engineer. 2.)Sheet pile shall penetrate to depth shown in the plans. 3.)After driving sheet pile and attaching wale,saw piling off at a true plane indicated on the plans.Final elevations are to be within one(1)inch of established elevation. 4.)Return walls to be provided at ends of all bulkheads to provide flanking protection Mama Ray Anchors: 1.)All Mant Ray anchors are to be installed and proof loaded according to manufacturers'recommendations to achieve noted design load 2.)A log of anchor loads shall be kept by contractor on-site.A copy of logs shall be provided to both the engineer of record and the owner. Backfill: 1.)Backfill is to be installed in level lifts not to exceed 12"and compacted by use of mechanical means to required compaction by material backfill note 1. 2.)No heavy equipment load shall be placed in the active zone between the sheet pile and the deadmen without adequate support. 3.)Assembly and connection of wale,tie-rod and deadman system shall be completed prior to backfilling_ Documentation: I.i Contractor shall provide written documentation after the and of the work day certifying all piles(sheet&timber)have been driven to the required depths.If any piles are usable to be driven to the required depths,contractor shall notify the owner and engineer immediately. (Scaler NTS Revisions (Dater 3/9/18 Preliminary geniumr Inc7 \Project; Not for 4085 Devereux Chase Construction Roswell, GA 30075 Preliminary Bulkhead Design 678,315,1751 Cedar Hauunock Golf&Country Club 1/4. CA# 30632 Naples,FL Certified only with seat, Sheet 2 of 6 ) signature, and date • r 1 Composite Decking 3 (TIP) 2x6 (TYP) 1 • 4x6 Tie-Rod Bearing Plate (FRP Tube) 5o Fe -,.%.11%*- or Ogee Washer (6x6) / ` �n w/ Nut (TYP)- I ..., " _ I I 1.5' -i' - 2x6 Binder Board _. .. (TIP) 4x6 FRP Vale or ....w.:'• 5' Nvi. 6x6 Timber Vale a, 20' (rax.) . . (TIP) 3i Manta Ray NR-I i ." Proof Load = 7 kips I EverDrain r 5' o.c. (TIP) i 0.5' Above NVL 5' o.c (TYP) .. 7 -� '0 x 10' 141% Rod t 1 5' o.c. (TYP) ee-D ai FrSoil DesignParameters: NOTE: y, Granular Free-Draining Typical Snd AU designs are governed by it= o pcf C0 of psf general notes (Sheet 1 & 2) actual se unless expressly stated on this f, ESP 5,5 differNoteifron those st t dtions above, page. u Vinyl Sheet Pile n8 10' Length(TIP) I enlun shall be notified Immediately for a possible redesign, Typical Section - Situation A - 5'(rlax,) Height - Rock @ 5' Depth N (Scatei NTS ) ' Revisions (oate' 3/9/18 ) Preliminary genium, Inc. rProject: Not for 4085 Devereux Chase 1 Construction Roswell, GA 30075 Preliminary Bulkhead Design I 678,3151751Cedar Hammock Golf&Country Club ‘ J CA#: 30632 Naples,FL L. ` J( Sheet 3 Of 7 )1, Ce ilfied only with seal, signature, and date l 1 2x6 (TIP) Composite Decking 4x6 Tie-Rod Bearing Plate (FRP Tube) (TIP) 7 sf or Ogee Washer (6x6) �s 1 E .--- w/ Nut (TYP) .• 011111'11. L75' `, :Kt 2x6 Binder Board r'4 (TIP) 4x6 FRP Vale orr 6x6 Timber Walea..'•,!., 20' 65' (TYP) „.� (max.) Manta Ray MR-1 Proof Load = 9 kips EverDrain ;�:` 5' ac. (TIP) • 0.5' Above NWL 5.67' o.c, (TIP) 1 'd x 15' NDG Rod 5,67' ac, (TYP) 1 cu-u-,ll=o=ll Free-DratCompacteSoil Design Parameters N. GranuDraping Typical Sand Granular Flu op= 30' 7= 120 pcf NOTE, y = 60 pcf C = 0 psf All designs are governed by ESP 5.5 Note, If actual site conditions general notes (Sheet l & 2) Y Vinyl Sheet Pile differ from those stated above, unless expressly stated on this 12' Length (TIP) Ingenlum shall be notified page. Immediately for a possible redesign. Typical Section - Situation B - 6,5'(rlax,) Height - Rock @ 4.5' Depth ` ' (Scale' NTS ) ' Revisions �,, (`Date' 3/9/18 ) Preliminary genium, Inc. tPro,ject: Not for 4085 Devereux Chase 1 Construction Roswell, GA 30075 Preliminary Bulkhead Design 678.315.1751 CAM 30632 Cedar Hammock CioI[be Country Club Naples,FL Sheet 4 of 7 ) Certified only with seal, i N. signature, and date I 1 Composite Decking 101Butt Timber Pile <TYP) 15' Length 50 psf 7 5.67' oz. am Surcharge 1 r11---11=11r , ';,_. 1.5' \ •• 2x6 Binder Board ir- I — .••., <TYP) Ogee Washer ::• 5, _HVL w/ Nut (TYP) " '0 x 15' H➢G Rod 20, 6. ,,.t. 5.67' ac. (TYP) 5' Manta Ray MR-1 <rq x,) a. Proof Load = 9 kips 4x6 FRP Wale or c. 5' o,c. <TYP) 6x6 Timber Wale <TYP) _ . Compacted --I of Free-Draining EverDrain :-',' • 0.5' Above NWL _ Granular Fill 5.67' oz. (TYP) d Lower Wale 1 r To Be Attached ..,*wTo Face Pile Soil Design Parameters: N. Typical Sand NOTE: P= 30' y= 120 pcf All designs are governed by N = 60I pcf C = 0 npsf di general notes (Sheet 1 & 2) ESP 5.5 Note. If actual site conditions -4-j Vinyl Sheet Pile differ from those stated above, unless expressly stated on this 10' Length <TYP) Ingenium shall be notified page. immediately for a possible redesign, Typical Section - Situation C - 6.5'(r iax.) Height - Rock @ 3' Depth (Scale' NTS ) r Revisions A (Date' 3/9/18 ) Preliminary figenium, Inc. pro tect Not for 4085 Devereux Chase Construction Roswell, GA 30075 Preliminary Bulkhead Design LI. 678.315.1751 Cedar Hammock Golf Sc.Country Club CA#. 30632 • Naples,FL ( Sheet 5 of 7 ) Certified only with seat, signature, and date 1, C 1 Composite Decking 10'0 Butt Timber Pile (TYP) 7 15' Length :` 30 psf 5.67' o,c, (TYP) Surcharge lrp►.11 11 1 15' • y>i+ 2x6 Binder Board 3• t — (TYP) Ogee Washer "•, - 40x 15' HDG Rod i Nit. w/ Nut (TYP) a 5.67' ac, (TYP) 20 65' �! + Manta Ray MR-1 Proof Load = 9 kips 4x6 FRP Wale or `` 5' ac. (TYP) 6x6 Timber Wale (TYP) Compacted EverDraln Free-Draining ii0,5' Above NWL Granular Fat 1 5,67' o.c. (TYP) n 7 ' Lower Wale 1 To Be Attached Sok Design Parameters •.,�., To Face Pile g Typical Sand NOTE: 0= 30• y= 120 pcf psf All designs aregoverned b N = 60 pcf C = 0 ndi g y ESP 5.5 Note, If actual site conditions general notes (Sheet 1 l 2) -4--1 r Vinyl Sheet Pile differ from those stated above, unless expressly stated on this u 10' Length (TYP) Ingenlun shall be notified page. immedlately for a possible redesign, Typical Section - Situation D - 5,4'(riax,) Height - Rock @ 3' Depth (Scales NTS ) ' Revisions f /i �� TM (Date' 3/9/18 Preliminary Ziigenium, Inc. Pro est, Not for 4085 Devereux Chase Construction Roswell, GA 30075 Preliminary Bulkhead Design 678.315.1751 Cedar Hammock Golf&County Club CA* 30632 Naples,FL ( Sheet 6 of 7 )L Certified only with seal, L.. slanature, and date or l, il / �`J) /1// 0.32 [8.13]----..�,, / / 9.0 [228,60] //-14"-- / // // .._... 0.32 C8,13] / ('t 17.0 [431,80] ESP 5.5 (Scales NTS ) ' Revisions • (Dater 3/9/18 ,M \ Preliminary 4genium, Inc. rProJ ect, Not for 4085 Devereux Chase Construction Roswell, GA 30075 Preliminary Bulkhead Design 678,315.1751 Cedar Hammock Golf di Country Club ` J CA#t 30632 Naples,FL I// J I Sheet 7 of 7 )L Certified only with seat, ` \ ` signature, and date i 1463 Woodwind Ct. Fort Myers,FL 33919 Tel&Fax(239)265-9592 Email: Roy@bentonandsons.com www.bentonindustries.com Bulkhead Repair Proposal Date: 3/9//2018 Customer:Cedar Hammock Golf&Country Club Atten:Norman Day Tel: (508)726-9353 Job Address: 8660 Cedar Hammock Blvd. E-mail:normanday4@verizon.net Naples,FL 34112 Description of Work: 1. Remove and dispose of approximately 1000 LF of existing 2"X 8"PT cap boards as directed. Re-install Customer supplied new 2"X 8"X12' PT cap boards. Contractor to supply HDG 20d nails to fasten new cap boards to the existing top whaler. Price per LF:$15.00 2. Installation of two Contractor supplied 3/4"X 12'HOG Tieback Rods with Manta Ray MR1 HDG Earth Anchors driven into undisturbed soil to replace existing failed cable tiebacks at Hole#4(does not include excavating behind the bulkhead and straightening pile and wall to original plumb position). Price: $1,850.00 3. Option for including excavation behind bulkhead to plumb pile and wall in Item 2. above. Includes backfilling and rough grading. Add$900.00 Total Price for Items 1.&2.= $16,850.00 Total Price with Option 3. _ $17,750.00 Notes/Conditions: Work to be performed during course closing between May 28 through June 6. Customer to provide an adequate 9'wide access to work area at Hole#4 for a 12,000 lb.excavator. Customer to provide adequate space for a 20 CY Dumpster for old cap boards disposal. Not Included is any Restoration Work other than rough grading. Not Included are any Permits/Fees that may be required to perform the work as described. All New Construction to meet current Local Building Codes. Payment Schedule to be set forth at issuance of a contract. Roy L.Benton III,President Date: Cedar Hammock Goff&Country Club Customer/Owner Acceptance i 5� m .4 m e- Mm 0 . 0 ; mj ' 0 1.1.1 , VT .. ! 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Inr 1..... i W i M O i r N i M t'- to i...0j I N- 0()0� I _ ::°, V i N N N N O 0 i O O i O 1 0 c O i LL' N N I N � N I N N , N N N : N I N 1 N i z m m Page 1 of 1 Artis tructunesInc. 8415 SW Riverside Drive,Arcadia, rids 34269/(863)494-2426/Fax(863)494-2707/articticstructures tr,msn.com PROPOSAL SUBMITTED TO: JOB DESCRIPTION: Cedar Hammock CDD Cedar Hammock,Bulkhead Repairs Attention Of: Justin Faircloth 8660 Cedar Hammock Blvd Inframark Naples, Fl 34112 5911 Country Lakes Road Fort Myers, FL 33905 Office: 239.245.7118 ext. 306 3-15.2018 Cell: 239185.0675 We hereby submit specifications and pricing for all labor, equipment and materials to complete the following: 1.)Wall Cap Replacement: Option A—Continuous Repair: • Removal of existing wall cap • Installation of new 2"x 8"S4S#1,.40 CCA attached with 3/8"heavy timber screws $10.75 per LF Option B—Individual Board Repair: • Remove and replace existing wall cap.Installation of new 2"x 8"S4S#1,.40 CCA attached with 3/8"heavy timber screws $59.50 per 5'Board 2.) 35 LF of Wall Repair on#4 Green: • Removal of existing wall verticals and horizontal whalers. • Return existing pilings to plumb position. • Installation of new 2'x 8"RS,.60 CCA verticals. • Installation of new 3'x 8"RS,.60 CCA horizontal whalers • Installation of new 5/8 x 12'HDG tie rods. • Installation of new 8'x 6',2.50 CCA piling deadman. Cost of Wall Repair $9,950.00 Note:Price does not include additional backfill.Backfill to be provided by owner. 3.) Disposal Rates • Disposal shall be charged at actual cost plus 10%.Artistic Structures shall provide owner with all disposal receipts. • Rate-20 Yard Roll-Off,$402.25 Delivery,2-Ton Cap,$60.00 per each addition ton We hereby propose to furnish labor and materials—complete in accordance with the above specification,for the sum of:Based on actual field measurements Dollars($ )with payment to be made as follows:Monthly draw based on percentage of completion 30%deposit upon mobilization All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or devlalion from above specifications involving extra costs,will be executed only upon written orders,and will become extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.This proposal subject to acceptance within 30 days and is void thereafter at the option of the undersigned.Owners to carry fie,wind,and other necessary insurance.Our workers are covered by workers'compensation insurance, Authorized Signature: Artistic Structures Inc. ACCEPTANCE OF PROPOSAL: The above process,specifications d con itions re hereby accepted.You are authorized to do the work as specified.Payment shall be made as outlined above. ��' - Signature: t. caa Date: 3-16-18 Approval of items #1 & # ,nly. Payments made within 30 days upon invoicing the District. Vendor to supply certificate of insurance listing the CDD as an additional insured. Bridging Solutions,LLC 15863 Secoya Reserve Circle jjf BRIDGING Naples,FL 34110 *Or SOLUTIONS Tel.(239)216-1370 ralntwi)bri<gnu-solo tions.com www.bridging-solutions.com CHANGE ORDER FOR SUSPENDED AND SUPPLEMENTAL SERVICES Date: February 19,2018 Change Order#: 3 Consultant: Bridging Solutions, LLC Client:Cedar Hammock CDD 15863 Secoya Reserve Circle c/o. Naples, FL 34119 Inframark 5911 Country Lakes Drive Fort Myers, FL 33905 Project Name and Location: Replacement Design for Miscellaneous Walls, Naples, Florida In accordance with our current agreement dated December 20, 2016 and previous Change Orders, the Agreement changes as detailed below are hereby authorized.This change order suspends the bidding and construction phase services that were included in the original proposal and it supplements the contract to include the final design services for 6 additional concrete block retaining walls. These walls are located on holes 2,8, 13 and near the driving range, putting green and the Davis Boulevard entrance. Suspended Change Order Scope of Services 1. Suspend Task 1.6—Bidding Services and Task 1.7—Construction Phase Services for the walls at holes 16 and 17. Supplemental Change Order Scope of Services: 1. Wall Inspection—Perform a follow up inspection of the 6 additional walls to update our inspection documentation prepared during past inspections. 2. Survey and Mapping—Perform a topographic survey in the vicinity of the walls and prepare mapping in AutoCAD format that extends the full length of wall and 50 feet on each side of the wall. We propose to have the CDD Board hire Banks Engineering for this work.Develop existing ground cross sections using the AutoCAD surface model at 25 foot intervals along the wall. Establish a horizontal control stationed base line on the drawings with ties to field control for use by the contractor during construction. 3. Wall Design and Drawings-Develop 90%complete wall design drawings for the six(6)wall locations using smalla segmental block wall system.The design plans will include notes requiring best practices for erosion control. 4. Permitting—Submit the preliminary plans and specifications to Collier County and the South Florida Water Management District and perform coordination related to the requirements for permitting for ......... ......_........ We design bridges to fit your site and budget. Bo BRIDGING the wall replacement. We propose to have the CDD Board hire Banks Engineering for assistance with erosion control design and permitting tasks. Change Order Fee Summary: Original Lump Sum Fee for Tasks 1.1 through 1.7 $33,376 Change Order No. l (Design of timber walls for#16 and#17) 13,123 Change Order No.2(Design of concrete block walls for#4 and#5) 12,000 Suspended Lump Sum Fee for Tasks 1.6& 1.7 (Original contract) -13,264 Supplemental Lump Sum Fee for Tasks 1 —4 (CO No. 3) 16,000 Net Contract Change Amount(CO No. 3) +2,736 Revised Lump Sum Fee Contract Amount $61,235 Payments made in accordance with the original agreement terms. All other items and conditions of the original Agreement shall remain in full force and effect. BRIDGING�SOLUTI��ON��S,--L\\LC CEDAR HAMMOCK CDD Per: 7`r` pp 'vJ Per: Name: Ralph Verrastro _ Name: Title: Principal Title: Date: 2/21/2018 Date: 2 8 a 9 m� g 8a. Cc. - - g 0 0 `3 A°p 2. r S-5 "a'a E4• 0 g � F. a^ asg 30 $1 fm? - 8 a ... res r g t �y o cS aa, ,S F a ' 1 € a.s ;3s s ;$ , xros a a 8 aa' o"D c r,:P'5▪ 8 o z,.. iv V3° r ° iW ls m �E $ja ;_ 3 En4.g$ o 1 8 '8 $g tL °z Ps' s a.Fk__. ;R2 i8�C i ag 2g?, <VPi a z .21 t 3A .- s: e g X N L w a a a C l C) u ii P w m 3 NW » H w 1'.1 .1I a A a 3 3, a n o. 8 = =E a 66 EE g a a o o S o 4' 3 E E E E E E L d E t 3 t a` 0 0 0 c) 8 p8 `3 0 o u t) 00O°0 C., 00 0 _ _ 0 0 c C c K 88p 8 n 8 GO O a�+O1 0 » O g N O b 8 8 88 n ,r 8_ O m ^ O 8 .y.. b5. 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E E E <i a ' 3 c a 9 9 8' .g T 4 8 8 % `8q g m a 5 - 3 8 s & a " m 0 ii Op o9 8 N 3 'o q 9 p n 3 y'� C N 0 O$ m . da" ' c $ g x , 1 i 3 8 a s t$trn3 t4'8 9 t 5 E g 1 c m' C) m' © CCC t a u _ 3 0 ¢° m C) (1888o r N ffi m o3 LL 1 j • corwrrar 'ra i s i n S r me n Shaping Iha Future - -- "` Date:March 8,2018 Cardno Project ID:NA CLIENT: Cedar Hammock CDD 5911 Country Lakes Drive Fort Myers,FL 33905 Phone: (239)245-7118 ext 306 Justin Faircloth Email: justin.faircloth@inframark.com CARDNO: Eastern Phone: (239)246-4813 Cardno Contact: Steve Kohlmeier Email: stephan.kohlmeier@cardno.com Project Name/Location: Cedar Hammock Lake Sampling,Naples,FL Fee Type: Lump Sum Fee Retainer: A retainer in the amount of$0 will be paid to Cardno upon contract execution and prior to the start of work.The retained amount will be credited on the final invoice(s)for services contracted under this Agreement. Estimated Budget: $10,070.00 Scope of Services: Cardno will collect samples from 16 lakes(16 total lab samples)for the parameters listed below.Three total depths per lake(48 total TD's)will also be collected to determine water column.A brief letter report with results will be provided,to include graphs and detail. Total Depth PH Temperature DO Salinity Conductivity Chlorophyl A Kjeldahl N Nitrate,Nitrite as N Phosphorus Total Nitrogen Special Conditions: None This Agreement and the attached Terms and Conditions and Scope of Services constitute the complete agreement between Cardno and Client with respect to the scope of services hereunder. Eastern Cedar Hammock CDD By By: Print Name:Steve Kohlmeier Print Name: Title:Water Resource Analyst Title: A3—Cardno Short Form Agreement Page 1 of:2 Z:VProject FileslClients A-D1Cedar HammackWroposals\Lake Sampling 2018kA3-Gamine Shan Farm Agreement 2018 Cedar haamock CDD Lake Sempkng.docr 2012 V1 (.,,;") Cardno Professional Services Agreement Shaping the Futu, TERMS AND CONDITIONS Cardno shall perform the services outlined in this Agreement for the stated fee in accordance with these terms and conditions: 1) Access To Site(if applicable):Upon execution of this Agreement,the Client represents that they have secured legal rights to access the property and authorizes Cardno staff to access the site for activities necessary for the performance of the services. 2) Payment:Invoices for Cardno's services shall be submitted on a monthly basis.Invoices shall be payable within thirty(30)days after the invoice date. In the event that the Client disputes any portion of an invoice,client shall notify Cardno of such disputed items within ten(10)days of invoice date. Retainers/deposits shall be credited on the final invoice.Failure to make any payment when due is a material breach of this Agreement and will entitle Cardno,at its option,to suspend or terminate this Agreement and the provision of the Services.Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month(18 percent per annum)or the maximum legal rate of interest allowable.In the event any invoice has not been paid in full within ninety(90)days of the invoice date,Cardno shall have the right to immediately suspend all or any portion of the Services hereunder indefinitely pending payment in full of such invoice(s). 3) Indemnification:Cardno and Client shall indemnify and hold harmless each other from and against damages,liabilities,costs and expenses,including but not limited to reimbursement of reasonable attorney fees arising out of damages or injuries to persons or property to the extent caused by the negligence,gross negligence or willful misconduct by the other party or anyone acting under its direction or control or on its behalf in the course of its performance under this Agreement;provided that each party's aforesaid indemnity agreement shall not be applicable to any liability based upon willful misconduct or negligence of the other party.In no event shall either party be responsible for any form of consequential damages,including,but not limited to loss of sales,loss of profits,and attorney fees thereon.For purposes of this Paragraph,the duty to indemnify does not include the duty to pay for or to provide an up-front defense against unproven claims or allegations.Where any claim results from the joint negligence,gross negligence or willful misconduct by Client and Cardno,the amount of such damage for which Client or Cardno is liable as indemnitor under this Paragraph shall equal ()the proportionate part that the amount of such claim attributable to such indemnitors negligence,gross negligence or willful misconduct bears to(ii) the amount of the total claim attributable to the joint negligence,gross negligence or willful misconduct at issue. 4) Limitation of Liabilities:Notwithstanding any other provision in this Agreement,the Client agrees to strictly limit Cardno's liability under this Agreement or arising from the performance or ricn-performance of the Services under any theory of law,including but not limited to claims for negligence,negligent misrepresentation and breach of contract,to the lesser of the fees paid to Cardno for the Services or$$10,070.00.No claim may be brought against Cardno in contract or tort more than two(2)years after the cause of action arose.Any claim,suit,demand or action brought under this Agreement shall be directed and/or asserted only against Cardno and not against any of Cardno's employees,shareholders,officers or directors. Cardno's liability with respect to any claims arising out of this Agreement shall be limited as provided herein to direct damages arising out of the performance of the Services and Cardno shall not be held responsible or liable whatsoever for any consequential damages,injury or damage Incurred by the actions or inactions of the Client,including but not limited to claims for loss of use,loss of profits and loss of markets. 5) Termination:Subject to Paragraph 2,this Agreement will continue in effect until terminated by either party upon thirty(30)days written notice to the other party.In the event of any termination,Cardno shall be paid for all services rendered and reimbursables Incurred through the date of notice of termination.In the event of termination,the Client shall pay all additional costs reasonably related to termination of the project and a proportionate amount of the consideration hereunder commensurate with the portion of the project accomplished. 6) Force Majeure:Any suspension,temporary or permanent,in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract:labor strikes,riots,war,acts of governmental authorities, unusually severe weather conditions or other natural catastrophic events,or any other similar event beyond the reasonable control or contemplation of either party. 7) Assignment:!`either party to this Agreement shall,without the prior written consent,of the other party,which shall not be unreasonably withheld, assign the benefit or in any way transfer any claim or obligation under this Agreement or any part hereof.This Agreement shall inure to the benefit of and be binding upon the parties hereto,and except as otherwise provided herein,upon their executors,administrators,successors,and assigns. 8) Ownership of Documents:All report documents produced by Cardno under this Agreement shall be made available to the Client upon receipt of full payment for services rendered.Cardno shall retain ownership of all field notes,computer files and project files used to produce the work products and may make copies of all work products. 9) Governing Law:The validity of this Agreement and any of its terms or provisions,as well as the rights and duties of the parties hereunder,shall be interpreted and governed by the laws of the State of Florida. 10) Legal Construction:In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid or unenforceable in any respect,such invalidity or unenforceability shall not affect any other provision hereof.This Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 11) Notices:Any notices or written statements hereunder shall be deemed to have been given when mailed by certified or registered mail or via email, with receipt of reply,to the party entitled thereto at its address noted at the top of this Agreement or at such other latest address as it may designate in writing to the other party for this purpose. 12) Entire Agreement:This Agreement supersedes any and all other agreements,either oral or In writing,between the parties relating to the subject matter of this Agreement and is the entire understanding and agreement related thereto.This Agreement may be amended by mutual consent of the parties in writing to be attached hereto and incorporated herein,executed by Cardno's and the Client's respective representatives. 13) Non-Solicitation:Neither party shall knowingly solicit,recruit,hire or otherwise employ or retain the employees of the other working under this Agreement during the term of this Agreement and for one(1)year following the termination or expiration of this Agreement without the prior written consent of the other party. 14) Waiver:Failure by one party to notify the other party of a breach of any provision of this Agreement shall not constitute a waiver of any continuing breach.Failure by one party to enforce any of its rights under this Agreement shall not constitute a waiver of those rights.The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as,or be construed to be,a waiver of any subsequent breach of the same or any other provision hereof. A3—Cardno Short Form Agreement Page 2 of 1 Z1Proiect Fileek:RentsA-D1Cedar Hamm ock1Propnsak;iLake Samplem 20151P3-CoNrw Short Form Agreement 2018 Cedar Hammock CDD Lake Sampling.docx 2012 V1 g 0 ai AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CPH,INC. AND CEDAR HAMMOCK CDD FOR CEDAR HAMMOCK CDD WATER QUALITY MONITORING EVENTS COLLIER COUNTY, FLORIDA MARCH 7,2018 CPH, Inc., Environmental Services (CPH) has prepared a proposal of services and fees to provide certain environmental consultant services for the above referenced project. CPH, Inc.hereinafter known as CPH or CONSULTANT proposes to furnish Cedar Hammock CCD hereinafter known as the Client,the professional services described below for the fees stipulated herein. PROJECT DESCRIPTION CPH, Inc. has been requested to perform one (1) monitoring event to collect water quality data within approximately 16 lakeslstormwater management ponds with the community development district boundary. The one (1) monitoring event shall occur in April 2018. A report of results shall be prepared summarizing the monitoring event for a total of 1 report and the report will provided to the Client. As directed by the Client the lake monitoring shall include grab samples as specified in the scope below for each of the 16 lakes. SCOPE OF SERVICES 1.0 BASIC SERVICES CPH shall provide, or obtain from others, all labor, material and equipment to perform the following services: ENV-1 Water Quality Sampling Event&Report • CPH shall sample for one(1)event within 16 lakes within the development boundaries. CPH shall collect one (1) sample for each parameter to include salinity, conductivity, temperature, dissolved oxygen, pH, chlorophyll a, Total Nitrogen (Kjeldahl N, Nitrate, Nitrite as N) and Total Phosphorus within the 16 lakes.The sample depth shall be recorded • CPH shall coordinate with the analytical laboratory to obtain sampling materials for grab sample collection as needed. Once samples area collected CPH shall deliver samples to the laboratory for analysis. • Water Quality sampling shall be located within the deep part of the lake within the photic zone.The sampling event shall occur in April 2018. CPH anticipates the monitoring event will take two (2) days. 1 Cedar Hammock CDD-Water Quality Sampling Event&Report March 7,2018 Page 2 of 4 ➢ During water quality sampling, CPH scientists shall photograph lakes, document the aquatic vegetation observed and additional observations that may effecting water quality. These observations shall also be recorded and photographed as deemed necessary. ➢ CPH shall report any issues observed during the sampling events to the Client via email. ➢ CPH shall report the monitoring event results to the Client within three (3) weeks of receipt of the laboratory sampling results.A location map of the sampling areas shall also be provided in the final report. ➢ FDEP Standard Operating Procedures(SOP)shall be followed with all sample collection, handling and laboratory analysis. ➢ CPH personnel shall attend one(1)meeting with the client ENV-2 Additional Services Provide other professional and technical services not specifically identified in Section ENV-1 above. 2.0 COST AND COMPENSATION 2.1 Basic Services Services under Basic Services,Task ENV-1 above shall be provided as a Fixed Fee of$11,500 for one(1) sampling event to monitor approximately 16 water bodies including report preparation. This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percent complete. 2.2 Additional Services Invoices for Additional Services will be provided on an hourly plus expense reimbursement basis. Invoices for Additional Services will be submitted monthly. 3.0 RESPONSIBILITIES OF OTHERS v The Client shall guarantee access to and make provisions for CPH to enter public or private lands as required by CPH to perform their work under this Agreement. ➢ It is understood that CPH, Inc, will perform services under the sole direction of the Client or his designated representative. In the performance of these services, CPH will coordinate its efforts with those of other project team members and consultants as required. The Client shall provide CPH with all project related information available including the existing land plan, property legal description, title work, boundary and topographic surveys, geotechnical investigation reports, etc. CPH will rely upon the accuracy and completeness of all Client furnished information in connection with the performance of services under this agreement. Cedar Hammock COD-Water Quality Sampling Event&Report March 7,2018 Page 3 of 4 4.0 SERVICES NOT INCLUDED The following services are not anticipated and,therefore, not included in this Agreement at this time: ➢ Environmental studies and coordination of environmental issues with the regulatory agencies. ➢ Wetlands Permitting ➢ Specific Wildlife Assessments, Studies,Agency Coordination and Permitting ➢ Review of an alternative product in lieu of the product called for on the plans and specifications ➢ Services resulting from changes made by client following the completion of specific project tasks that require re-work by CPH ➢ Special meetings with agencies, other consultants or Client not normally required to perform the work described in the Scope of Services, except those meetings specifically identified in the above Scope of Work ➢ Phase II and remediation ➢ Any other issues not specifically described in this proposal Should work be required in any of these areas, or areas not previously described, CPH will prepare a proposal or amendment, at the CLIENT's request, that contains the Scope of Services, fee, and schedule required to complete the additional work item. 5.0 AUTHORIZATION Should the agreement be acceptable, please sign, retain a copy for your records, and return a copy to CPH as our notice to proceed. We look forward to working with you on this endeavor. Should you have any questions,please call me at(407)399-0840. CPH,INC AUTHORIZATION f , i By: Amy E. Daly,LE D A Title: Vice President/Director of Environmental Services Date: March 7,2018 CLIENT AUTHORIZATION CEDAR HAMMOCK CDD agrees with the Scope of Services, Compensation, and Standard Provisions Exhibit A (attached hereto and acknowledged as being received). Together they constitute the entire Agreement between CPH,INC.and CEDAR HAMMOCK CDD. Cedar Hammock CDD-Water Quality Sampling Event&Report March 7,2018 Page 4 of 4 The fees for Basic Services proposed herein are estimated at$11,500.00. It is understood that fees for the subject project, including but not limited to, application fees, impact fees, utility connection fees, review fees,etc.,will be paid directly by the CLIENT. Payment for services rendered will be due within forty-five(45)days of invoicing. Should the CLIENT choose to not complete the project at any phase of the project, CPH will be due any fees for services up to the time the CLIENT informs CPH in writing to stop work. Payment for services up to the time of the CLIENT'S notice will be due within thirty (30) days of the final invoice. Invoice payments must be kept current for services to continue. CPH reserves the right to terminate or suspend work when invoices become ninety(90)days past due. In event that the work is suspended or terminated as a result of non-payment, CLIENT agrees that CPH will not be responsible for CLIENT'S failure to meet project deadlines imposed by governments, lenders, or other third parties. Neither is CPH responsible for other adverse consequences as a result of termination or suspension of work for nonpayment of the invoices. This proposal is void if not executed and returned to the CONSULTANT within 60 days of the CONSULTANTS execution of the proposal. By: CEDAR HAMMOCK CDD Print Name: Title: Date: EXHIBIT A Standard Provisions to Agreement Agreement between Cedar Hammock CDD. (hereinafter referred to as "OWNER/CLIENT") and CPH, Inc. (hereinafter referred to as "CPH") for professional services which may include engineering, surveying, architecture, landscape architecture, environmental, forestry, planning, transportation/traffic, etc. date March 7, 2018. Standard of Care CPH will endeavor to provide services in a manner consistent with the level of care and skill ordinarily exercised by other professionals under similar circumstances practicing in the same or similar locality. The standard of care shall be exclusively judged at the time services are rendered and not according to later standards. CPH makes no express or implied warranty with regard to its services. Compensation.Out of Pocket and Subcontract Expenses "Compensation" as used in the Agreement includes those costs which are connected with the conditions of employment and pay of the employees and include salaries of those employees directly engaged in the performance of the requested services and employer contributions for social security, workers compensation, unemployment and payroll taxes, medical and insurance benefits, retirement benefits, holiday and sick leave pay and other allowed benefits. "Out of Pocket Expenses"as used in the Agreement include such items as travel and subsistence, printing and reproduction, telephone/communications charges, freight, postage, computer and similar costs. "Subcontract Expenses" as used in this Agreement include subcontracts for special consultants such as licensed land surveyors, soils borings and geotechnical and geohydrological services, laboratory services,environmental scientist services and other professional scientific or technical service organizations. Invoice payments are due upon receipt of the invoice and must be kept current for services to continue. Payment should be mailed to CPH, Inc. at 500 West Fulton Street, Sanford, FL 32771. If the OWNER/CLIENT fails to pay any invoice due within 45 days of the date of the invoice, CPH may, without waiving any other claim or right against OWNER/CLIENT, suspend services under this agreement until CPH has been paid in full all amounts due CPH and/or any of its consultants and subconsultants. OWNER/CLIENT shall pay CPH interest at 12% per annum on all invoices that remain unpaid for more than 45 days. Additional Services "Additional Services"of CPH are services which are not considered normal or customary basic services, except to the extent provided in the basic Agreement, and may include such items as preparation of grant or funding applications and supporting documents; additional services or costs resulting from significant changes in the scope or extent of the project or its design or project delays; providing renderings or models for the OWNER/CLIENT's use; preparing documents for alternate bids; furnishing the services of special consultants; resident project representation or resident inspection; services resulting from the award of additional separate contracts; special field surveys; reproducible Record Drawings or original Drawings; providing "as-built"drawings; additional services during construction; serving as a consultant or witness for the OWNER/CLIENT during any litigation, public hearing, etc.; and services normally furnished by the OWNER/CLIENT; or other services not otherwise specifically provided for in the Agreement. Additional services are not included in the basic payment provisions of the Agreement except to the extent specifically provided herein. Opinions of Cost Since CPH has no control over the cost of labor, materials,equipment or services furnished by others,or over the CONTRACTOR(s)'methods of determining prices, or over competitive bidding or market conditions, our opinions of probable project cost and construction cost are made on the basis of our experience and qualifications and represent our best judgment as an experienced and qualified professional, familiar with the construction industry; Exhibit A Page 1 of 5 CPH,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer but CPH cannot and does not guarantee that proposals, bids, or actual project costs or construction costs will not vary from opinions of probable cost prepared by us. Use of Documents All documents including Drawings and Specifications prepared by CPH pursuant to this Agreement belong to CPH and are instruments of our service in respect to the project. They are not intended or represented to be suitable for reuse by the OWNER/CLIENT on another project or any extension of this project, or for use by others on this project, any extension, or any other project. Rights to use of the documents by Owner/Client shall terminate in the event that Owner/Client fails to pay invoices as outlined herein. Underground Utilities and Structures The locations of all existing utilities shown on the drawings prepared by CPH will be based on surveys of at-grade or above grade physical culture (such as valve boxes, hydrants, utility poles, permanent markers)and surveying to pick up temporary utility locate markings provided by the utility. CPH assumes no responsibility for the accuracy of utilities shown by temporary markings provided by the utility or the locations of utilities based on other non-physical features (such as plans prepared by others including mark-ups of locations provided by the utility). The below grade vertical and horizontal locations of utilities will not be required to be surveyed by CPH, and consequently, CPH assumes no responsibility for the location of below grade utilities. The OWNER/CLIENT agrees to release CPH from any liability to OWNER/CLIENT for the failure to locate any existing utility where its physical location could not have reasonably been known based on the above. Termination The obligation to provide further services under this Agreement, may be terminated by either party upon fifteen (15) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement through no fault of the terminating party. If the Agreement is terminated during prosecution of the services and prior to the completion of services, CPH shall be compensated by the OWNER/CLIENT for all services performed under this Agreement to the date of termination. In addition, CPH will be paid for all reasonable expenses resulting from such termination. Construction Administration Where construction administration is provided as a part of the basic services as outlined in the Agreement, CPH shall not be required to make exhaustive or continuous on-site inspections, but shall make periodic observations as may be outlined in more detail in the basic Agreement. CPH shall not be responsible for the means, methods, techniques, procedures of construction, or schedules selected by the CONTRACTOR or the safety precautions and programs incident to the work of the CONTRACTOR. CPH will periodically visit the site at intervals outlined in the Agreement to become generally familiar with the progress of the work to keep the Owner advised of the work. CPH will observe the work of the CONTRACTOR to endeavor to determine if the work is in general conformance with the project documents. CPH shall not be responsible for the failure of the CONTRACTOR to perform the construction work in accordance with the Documents. CPH shall provide the OWNER/CLIENT with written notice of any uncorrected defects or deficiencies coming to its attention in the course of the periodic visits above-mentioned. During such visits and on the basis of its on-site observations, CPH may recommend to the OWNER that the CONTRACTOR's work be disapproved or rejected as failing to conform to the Documents. CPH shall not have the right or duty to stop the CONTRACTOR's work. Professional Services Provided by Others Surveying, soils, planning, architecture, landscape architecture, legal, accounting, construction inspection and other services may be provided by the OWNER/CLIENT or others on this project and the results furnished to CPH. It is agreed that CPH may rely upon the results of those services by others in performing its work without verification of same. CPH assumes no responsibility for the accuracy or technical adequacy of such professional services provided by others. Exhibit A Page 2 of 5 CPH,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer CPH's Approval for Payment Approval of a CONTRACTOR's application for payment is an expression of opinion by CPH and shall at no time be considered as legal obligation on the part of CPH. Neither shall same be considered as an acceptance of any work or materials furnished. CPH's approval for payment is an expression of opinion by CPH that to the best of our knowledge, information and belief, the quality of the work included for payment is in general accordance with the Contract Documents (subject to an evaluation of the work as a functioning improvement upon substantial completion and to the results of any subsequent tests or inspection made). By approving an application for payment, CPH will not be deemed to have represented that we have made any examination of how or for what purpose any CONTRACTOR has used the money paid on any of the CONTRACTOR's work or that title to any of the CONTRACTOR's work, materials or equipment has passed to the OWNER/CLIENT, free and clear of any liens,claims, security interests or encumbrances. Checking of Shop Drawings Checking of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Any action shown is subject to the requirements of the Plans and Specifications. It is the CONTRACTOR's responsibility and not that of the CPH,for dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of construction; coordination of his work with that of all other trades and the satisfactory performance of his work. Pre-existing Contaminants CPH shall not be considered a generator, transporter, or disposer of materials affected by regulated contaminants. Because involvement with OWNER/CLIENT's contaminated substances can expose CPH to severe risks, OWNER/CLIENT shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify, defend, and hold CPH harmless from any claim or liability for injury or loss allegedly arising from CPH's involvement with OWNER/CLIENT's contaminated substances. OWNER/CLIENT shall also compensate CPH for any time spent or expense incurred by CPH in defense of any such claim. Such compensation shall be based on CPH's prevailing fee schedule and expense reimbursement policy. Site Safety Responsibilities CPH's site responsibilities are limited solely to the activities of CPH and CPH's employees on the site. These responsibilities shall not be inferred by any party to mean that CPH has responsibility for site safety for any reason. Safety in, on, or about the site is the sole and exclusive responsibility of the Contractor alone. The Contractor's methods of work performance, superintendence of the contractor's employees and subcontractors, and sequencing of construction are also the sole and exclusive responsibility of the Contractor alone. OWNER/CLIENT warrants that:1)these responsibilities will be made clear in OWNER/CLIENT's agreement with the Contractor; 2) OWNER/CLIENT's agreement with the Contractor shall require the Contractor, to the extent of Contractor's negligence, to indemnify, defend, and hold OWNER/CLIENT and CPH harmless up to a limit of $1,000,000 from any fine, penalty, claim, or liability for injury or loss arising from OWNER/CLIENT'S or CPH's alleged failure to exercise site safety responsibility;and 3)OWNER/CLIENT's agreement with the Contractor shall require the Contractor to make OWNER/CLIENT and CPH additional insureds under the Contractor's general liability insurance policy, which insurance protection shall be primary protection for OWNER/CLIENT and CPH, and shall hold OWNER/CLIENT and CPH harmless from claims, losses, and defense cost arising from the negligence of contractor or subcontractor on any tier up to a limit of $1,000,000. Given the foregoing, OWNER/CLIENT also shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify; defend, and hold CPH harmless up to a limit of$1,000,000 from any claim or liability for injury or loss arising from CPH's alleged failure to exercise site safety responsibility. OWNER/CLIENT also shall compensate CPH for any time spent and attorney fees and expenses incurred by CPH in defense of any such claim. Such compensation shall be based upon CPH's prevailing fee schedule and expense reimbursement policy. (The term "any claim" above referenced shall include, but not limited to, any claim for breach of contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of warranty, negligent misrepresentation, or other acts giving rise to liability.) Exhibit A Page 3 of 5 CPH,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer Governing Law,Venue,Jurisdiction This instrument is to be interpreted and construed according to the laws of the State of Florida. It is agreed between the parties to this contract that any litigation, lawsuit or court action of any character arising from this agreement shall be filed and/or defended in Seminole County, Florida. All parties under this contract hereby voluntarily submit to the exclusive jurisdiction of the Florida Courts and the exclusive venue in Seminole County, Florida and do hereby waive any objections to either personal or subject matter jurisdiction of the Florida Courts or to said venue. Attorney Fees and Costs In connection with any dispute arising out of this Contract, each party shall be responsible for their own attorney's fees and costs incurred for services rendered in connection with such dispute, including appellate proceedings and post judgment proceedings. Waiver of Consequential Damages OWNER/CLIENT and CPH mutually agree to waive all claims for consequential damages against each other an each other's respective officers, directors, and employees from any and all claims arising out of the project, including, but not limited to, loss of use, lost profits, and delay damages, against each other, arising from disputes, claims, or other matters relating to this Agreement. Delay In Performance Neither the OWNER/CLIENT nor CPH shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. Such circumstances shall include, but are not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, and authorizations from any local, state or federal agency; for any supplies, materials, accesses, or services required to be provided by either the OWNER/CLIENT or CPH under this Agreement. A reasonable extension of time for delay in performance caused by any such circumstances shall be granted. Should such circumstances occur the non-performing party shall within a reasonable time of being prevented from performing give written notice to the other party describing the circumstances preventing continued performance and efforts being made to resume performance under this Agreement. Project Development,Approvals and Scheduling CPH will, in the course of its work, attempt to generally identify issues that would adversely affect the development of the site for use as proposed by the Owner/Developer. However, CPH cannot control the regulatory process, actions of others, or unforeseen conditions and does not guarantee that the project can be developed for use as proposed, nor does CPH guarantee the timing of or ultimate regulatory approval of the site for development as proposed. The local, state, and federal entities and authorities ("Authorities") having jurisdiction over the project may or may not approve the proposed use of the project. Additionally, it is uncertain how long those Authorities will take to consider and to take action on the applications for the proposed use of the project. Said decisions and approvals are subject to the decision making process of those Authorities. Therefore, CPH cannot represent or guarantee that said Authorities will approve, in whole or in part, the requested use of the project or that the decision making process will be timely for the project's use, or that the Authorities will grant variances applicable to the project. Therefore, the OWNER/CLIENT bears the risk of non-approval of the proposed use and the timing thereof. The OWNER/CLIENT needs to consider the ramifications to it if the project is not approved or only approved in part. Exhibit A Page 4 of 5 CPH,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer Limitation of Liability: Site Check Studies OWNER/CLIENT acknowledges that CPH's Site Check Studies pursuant to this Agreement are general in nature and are performed before design is started or completed. OWNER/CLIENT acknowledges the recommendation of CPH that the OWNER/CLIENT should not close on the subject property unless and until all applicable agency approvals are obtained and the permitting process is completed. If OWNER/CLIENT elects to close on the subject property prior to that time, OWNER/CLIENT accepts all risks and liability arising from closing prior to obtaining all applicable agency approvals and completion of the permitting process and releases CPH and CPH's officers, directors, and employees from all claims thereof. In order to allocate the relative risks and benefits of the project between the parties, the OWNER/CLIENT agrees to limit the liability of CPH and CPH's officers, directors, and employees for any and all claims arising from CPH's or CPH's officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this contract, or indemnity relating to CPH's Site Check Studies under this contract such that the total aggregate liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed the fee for the Site Check Study paid by OWNER/CLIENT to CPH under this Agreement or$10,000,whichever is greater. Design And Other Professional Services OWNER/CLIENT acknowledges that CPH's services pursuant to this Agreement are to assist the client and are for the scope of services as outlined in the attached contract. In order to allocate the relative risks and benefits of the project between the parties, the OWNER/CLIENT agrees to limit the liability of CPH and CPH's officers, directors, and employees for any and all claims arising from CPH's or CPH's officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this contract, or indemnity, such that the total aggregate liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed the fee paid by OWNER/CLIENT to CPH under this Agreement or$50,000,whichever is greater. PURSUANT TO FLORIDA STATUTE 558.0035, DESIGN PROFESSIONALS; CONTRACTUAL LIMITATION ON LIABILITY - AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE Construction Defects on Florida Projects ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES Exhibit A Page 5 of 5 CPH,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer i 000 LEGEND: 0,00 U-MW-X =UPLAND MONITOR WELL W-MW-X =WETLAND MONITOR WELL I I / / / W-X =WELL =DRAINAGE INTERCONNECT PIPE ."/U-R-01M1NTI I 'W/// / LAKE 1 Ak" / (EXIST) C-Z 7 / Imo XII / wMWj w '' / v 42 w...2 ExlST /1� r ��`� WMW-2 W3 m �� 1 al k/ NOT.EXT) PF� �� : � • _ _a= IIS 1-- �! ,III, 'mg d :' ply in j� �<. 1 I / _;1' u ' ` IJt`' i I'' R�� ¢ ='O = H ate °' _\\_ -)00 I {NUS EXIS� U O �' i1L � U M � � eft ow l 40v �w -MW-3_ �l� �/' �� anis+ riiril ty1! ff II ,� �� nnq,11 _ /// aAr hgir „ ir t EXIST) i (NUT EXIST) EL-' "'-:-. / fitiO1 '''.; (Nat, '' ,,,,...,,N,' VV-5 s...c-'1.'-'s; ' 0 '.R HAMMOCK CIR C9 a , , W' �I, � Tk/ C-1 _, I Wig:II w BANKS 51 WELL MAP 9x�F"°"`�°'�`"'T CEDAR HAMMOCK ' Fpt'MYER9,fE()flIW]59m FNIWF:(239)959-5480 FNL(T59)959-TSI! 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