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Backup Documents 02/08/2005 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FEBRUARY 8,2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì"" -.....~ ._~~ AGENDA February 8, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANA TION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, 1 February 8, 2005 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 11:30 TO 12:30 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with Changes - 5/0 B. January 11, 2005 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 1) Advisory Committee Service Awards Presented 2) Presentation of the Advisory Committee Outstanding Member Award to Mark P. Strain Presented 4. PROCLAMATIONS 2 February 8, 2005 A. Proclamation to honor the Conservancy for Preserving the Nature of Our Community. To be accepted by Kathy Prosser, President and CEO of the Conservancy of Southwest Florida. Adopted - 5/0 B. Proclamation to designate the week of February 21 st through February 26th, 2005 as Marjory Stoneman Douglas Week. To be accepted by Ron Jamro, Director of the Collier County Museum and Marilyn Matthes, Collier County Library Director. Adopted - 5/0 C. Proclamation designating February 22,2005 as America's 911 Memorial Quilts Organization Appreciation Day. Adopted - 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by James Elson and Herb Luntz to discuss plans for the Greater Naples-Collier County Independence Day. Motion to be brought back at the February 22, 2005 BCC Meeting Approved - 5/0 Item 7 and 8 to be heard no sooner than 12:30 V.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Public Hearing to consider the adoption of an Ordinance establishing City Gate Community Development District (CDD) pursuant to Section 190.005, Florida Statutes (FS). Motion to continue to March 8, 2005 BCC Meeting - Approved 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Request Board to set the balloting date for the recommendation of members to the Pelican Bay MSTBU Advisory Committee by record title owners of property within Pelican Bay. 3 February 8, 2005 ~_.,,_.__,"'_.~"~~.._" _·..._'M____.".____'····~· .. ---- Balloting date for mail ballots set to March 11,2005 Approved - 5/0 B. Appointment of members to the County Government Productivity Committee. Resolution 2005-86 Re-appointing Albin A. Kozel, Jr., Matt Hudson, and Sydney E. Blum Adopted - 5/0 C. Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2005-87 Appointing Linda Hartman Adopted - 5/0 D. Appointment of members to the Health Planning Council of Southwest Florida, Inc. Resolution 2005-88 Appointing Barry Williams as a Purchaser, and Larry Ray as a Provider Adopted - 5/0 E. Appointment of member to the Library Advisory Board. Resolution 2005-89 Appointing Karen J. Louwsma Adopted - 5/0 F. Appointment of member to the Immokalee Enterprise Zone Development Agency. Resolution 2005-90 Appointing Ana Salazar Adopted - 5/0 G. This item continued from the Januarv 25.2005 BCC Meetin2. Discussion regarding the Pelican Bay Annexation report. (Commissioner Henning request) If Pelican Bay is annexed by the City of Naples: Motion for County Park services within Pelican Bay be provided by the County's General Fund, and County Manager Mudd to negotiate with the City of Naples regarding reclaimed water, potable water and irrigation within Pelican Bay - Approved 3/2 (Commissioners Coyle and Fiala opposed) H. Recommendation to extend the terms for two members to the Land Acquisition Advisory Committee. Resolution 2005-91 Extending the terms for Kathy Prosser and William Poteet, Chair and Vice-Chair Adopted - 5/0 I. To reactivate the Public Safety Coordinating Council. (Commissioner Coyle request) Resolution 2005-92 - Adopted 5/0 4 February 8, 2005 ~".._- -,."._.~ 10. COUNTY MANAGER'S REPORT A. Recommendation to approve the new contracts that have been negotiated with Immokalee Disposal Company, Inc. and Waste Management, Inc. of Florida for solid waste collection services. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Ken Thompson regarding his mistreatment from the Code Enforcement of Collier County B. Mr. Wilcomb regarding Productivity Committee 12. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board of County Commissioners, Pursuant to Section 112.313(12), Fla. Stat., to Consider the Request of Collier County Land Acquisition Advisory Committee Member Ellen Goetz for an Exemption From Any Potential Conflict of Interest. Denied - 3/2 (Commissioner Halas and Commissioner Coyle opposed) B. Recommendation for the Board of County Commissioners, Pursuant to Section 112.313(12), Fla. Stat., to Consider the Request of Collier County Land Acquisition Advisory Committee Member Michael Delate for an Exemption From Any Potential Conflict of Interest. Denied - 3/2 (Commissioner Halas and Commissioner Coyle opposed) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. NACO A ward for Chairman to sign before deadline of February 11, 2005. - Approved 5/0 B. Mr. Brennan with WGCU Broadcasting re: historical pieces on Collier 5 February 8, 2005 ,--"_.,-~_.-.~~~~----,--,~,...,~. -~,-----'-' - __ ..._..~" '.""_·'~M_'~_ '~.._""._.~", .. ~'-'-- County Presentation at future BCC meeting on 2/22/05. C. Community Association Award for Crystal Lakes RV and Village Walk. D. Commissioner Halas and Jim Mudd planning a trip around February 28,2005 for four days to Washington DC with other elected officials for the expansion of 1-75, the Everglades Blvd. Exchange and the State Rd. 29 /State Rd. 82 Bypass. E. Commissioner Halas: Requests W-2 forms to be placed with first pay check of the year and for the County Manager to work with the Clerk of Courts on this issue - Consensus ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/Changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of water utility facilities for Ventanas I at Tiburon (Parcel 7000 Midrise). With the release of the Utilities Performance Security 2) Recommendation to approve final acceptance of water utility facilities for Capital Self Storage, Phase 2. With the release of the Utilities Performance Security 3) Recommendation to approve final acceptance of water utility facilities for Montelena at The Vineyards. With the release of the Utilities Performance Security 4) Recommendation to approve Satisfactions of Lien for Resolution Nos: 2002-070 styled Board of County Commissioners vs. Chinnese M. Winters; 2003-012 styled Board of County Commissioners vs. Brent C. and Cynthia A. Walker; 2004-271 styled Board of County Commissioners vs. Bonnie Fenton; 1998-256 styled Board of County 6 February 8, 2005 ---".,"._~-_.-,_._,. _."~___,_.."._,___~___.........."""'.,_.__............._...o,.,..._·..·,· .;--'-' ~.._,---- Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal Representative; 1998-430 styled Board of County Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal Representative; 1999-023 styled Board of County Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal Representative; 1999-092 styled Board of County Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal Representative; 2003-387 styled Board of County Commissioners vs. John R. Dominguez, Et AI; 2003-392 styled Board of County Commissioners vs. John R. Dominguez, Et AI; 2004-265 styled Board of County Commissioners vs. John R. Dominguez, Et AI; 2001-462 styled Board of County Commissioners vs. Julio Dominguez; 2002-109 styled Board of County Commissioners vs. Julio Dominguez; 2002-166 styled Board of County Commissioners vs. Julio Dominguez; 2002-178 styled Board of County Commissioners vs. Julio Dominguez; 2002-346 styled Board of County Commissioners vs. Julio Dominguez; 2002-390 styled Board of County Commissioners vs. Julio Dominguez and 2003-123 styled Board of County Commissioners vs. Julio Dominguez. 5) Recommendation to approve the Satisfactions of Lien for Code Enforcement Board Case Nos: 2003021; Board of County Commissioners vs. Kenneth D. and Leslie K. Carter; 2004-034; Board of County Commissioners vs. Premise Richard and Rigaud Calixte and 2003-048; Board of County Commissioners vs. Monika B. Van Stone. 6) Recommendation to approve the Satisfactions of Lien for Special Master Case Nos: SO 134902; styled Board of County Commissioners vs. Cornelius Jackson and CO 2004100411; styled Board of County Commissioners vs. Larry Saunders. 7) Recommendation to terminate Contract # 03-3504 with Henderson, Young and Company relative to the Emergency Medical Services Impact Fee Update Study, waive the formal competition process and solicit proposals to select a new consultant to update the Emergency Medical Services Impact Fee (estimated amount not-to-exceed $40,000). As detailed in the Executive Summary 7 February 8, 2005 ----~ .,,"_....,,;._.....___.··m..._~~_~" . . .- ~_...,"._----~.~.~._..'"~. ,..-.- B. TRANSPORTATION SERVICES 1) Recommendation to approve a budget amendment to modify the Transportation Services Adopted budget and move all costs that are shared in the new Transportation Services Building in the amount of $68,129.70 for FY 05 into one cost center. For convenience and ease for processing invoices 2) Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc. in the amount of$30,781.90. 3) Recommendation to approve an agreement for the conveyance of right-of-way required for the construction of improvements to Rattlesnake Hammock Road between Polly A venue and Collier Boulevard, in exchange for removing the existing entrance and constructing a new entrance and driveway for the District School Board of Collier County, Florida's Bus Facility at 6543 Rattlesnake Hammock Road (Project No. 60169). Estimated Fiscal Impact: $180,762.00. As detailed in the Executive Summary C. PUBLIC UTILITIES 1) Recommendation to approve Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. Fiscal impact is $30.00 to record the Satisfactions of Lien. With Willie Mae Po stelle 2) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-83 3) Recommendation to accept Florida Department of Law Enforcement Grant in the amount of$100,552 for security improvements 8 February 8, 2005 W_"_'N"'. ._.~&~ ._...,.~",,________."_.__________'____"'_"~~_'»'__'"'."'_''''_',,·....,....w··.····,·_·..'·_· ..... throughout the Collier County Water District. For technical and facility upgrades to the Water Department 4) Recommendation to award bid no. 05-3777 - "Purchase & Delivery of Sulfuric Acid" to Sulfuric Acid Trading Company, Inc. in the approximate annual amount of $400,000.00. For the continual treatment of raw water 5) Approve budget amendments to transfer carry forward funds in the amount of $53,500 from the Solid Waste Department and $85,500 from the Pollution Control Department to fund the final construction portion of the Office Renovation Project for the Public Utilities offices on the third floor of Building H. To complete the renovation project in FY 2005 6) Recommend that the Board of County Commissioners, as Ex -officio the Governing Board of the Collier County Water-Sewer District, authorize payment of $72,000.00 to Univar USA Inc. for chemical purchased (50% Sodium Hydroxide) and used, on blanket Purchase Order until chemical negotiations were finalized and low bidder established. For chemicals purchased and used in the processing of safe drinking water, for the period of November 9, 2004 through January 7, 2005 7) Recommendation to execute the Notices of Claim of Lien for the enforcement of the notice to pay sewer impact fee for certain properties located in the former Rookery Bay Sewer Service Area. The fiscal impact is $130.00 to record the Notices of Claim of Lien. As detailed in the Executive Summary 8) Recommendation to award Contract 05-3736R, to Quality Enterprises, USA, Inc. in the amount of $257,691, to restore the wetlands at the South County Water Reclamation Facility, Project 73949. To comply with the Florida Department of Environmental Protection's Environmental Resource Permit D. PUBLIC SERVICES 1) Recommendation to designate Collier County Domestic Animal 9 February 8, 2005 __-----"--~.,--."'..-----".,-~---.---.,,-~--.----'w,~.--"'=-_,.__...._...._____".,~"'"'''.,_...,_. -.- Services in charge of managing disposition of impounded animals pursuant to Florida Statute, Chapter 588 and Section 14, Article II, Code of Laws and Ordinances of Collier County, Florida, between Collier County and the Collier County Sheriffs Office. Including but not limited to all auction-related functions 2) Recommendation to approve an entertainment contract for the 7th Annual Country Jam. To be held March 11 and March 12,2005 at the Vineyards Community Park 3) Approve deductive Change Order No.4 in the amount of $452,280.80 for direct purchase of materials for the North Naples Regional Park, Contract No. 01-3189. For tax savings used to fund unbudgeted components of the project E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2005 Calendar Year. Resolution 2005-84 F. COUNTY MANAGER 1) Approve a Budget Amendment to Recognize and Appropriate $12,000 of Unanticipated Revenue from the Isles of Capri Fire District Inspection Fees. 2) Authorization to Remove from the Books and Records of Collier County Certain Accounts and Their Respective Balances which have been Previously Recognized and Recorded as Bad Debt Expenses from October 1, 1995 to September 30, 2003 in the amount of $13,958,543.57. As detailed in the Executive Summary 3) Recommendation to approve the payment of permit fees to the Florida Department of Environmental Protection for Marco South Beach 10 February 8, 2005 . __._._.___",._._,_,,__H_~' "~--",,"-",,,----"'_._--' -,..-,..-.- . .A·_,_._M·,__"__~"_"· ---..- Renourishment, Project 90502, in the amount of $8,690. As detailed in the Executive Summary 4) Approval of Budget Amendments. Budget Amendment #05-133 for the Bayshore/Gateway Triangle (Fund 187) G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Continued to February 22, 2005 1) Recommendation to approve and execute the impact fee assistance grant agreement between the Community Redevelopment Agency and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. 2) Recommendation to approve an extension of the Residential Site Improvement grant agreement between the Community Redevelopment Agency and Ms. Mitzie Sheehan, a grant within the Bayshore/Gateway Triangle Community Redevelopment Area due to certain construction delays. Extending the agreement from March 12,2005 to April 29, 2005 for property at 1948 Shadowlawn A & B 3) (BCC as the CRA) Recommendation that the Community Redevelopment Agency (CRA) approve a $131,000 budget amendment from Fund 187 Bayshore/Gateway Triangle Redevelopment Area General Reserves to Fund 187 Residential Rehab to cover costs associated with the Redevelopment Area's residential rehabilitation grant program. As detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners waive the purchasing policy and authorize the hiring of a temporary employment firm for the Collier County Redevelopment Agency Bayshore/Gateway Triangle Redevelopment Area, and approve any and all budget amendments. With Coastal Staffing for approximately 10 weeks at an estimated cost of $7,200.00 11 February 8, 2005 -~,_..--'--'--' ".._m_..~____ 5) (BCC as the CRA) Recommendation that the Community Redevelopment Agency (CRA) ratify the Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to use Coastal Staffing Service, Inc. to provide temporary staffing for the Bayshore/Gateway Triangle Redevelopment Area office until the CRA ratifies the hiring of the Redevelopment Area's new executive director; and to transfer all necessary funds from Fund 187 reserves to a temporary staffing expense line item to ensure staffing during the period of time without an executive director. Located at 2408 Linwood A venue, Suite 11 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She attended the East Naples Civic Association Annual Banquet Celebration on January 17,2005 at The Naples Lakes Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the 2005 LIFE (Leadership In Fostering Education) award ceremony at The Registry Resort on February 25,2005; $100.00 to be paid from Commissioner Halas' travel budget. A luncheon beginning at 11:30 a.m. honoring F. Fred Pezeshkan I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders from January 8, 2005 to January 21, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida. 12 February 8, 2005 ....., - ... ~ ,^'__·_'_~'W__^_'~"'_··__·"_~·'" .---,.,-,'" "-.-.-.- 2) The Finance and Accounting Department seeks approval of Budget Amendments required for the Rebate of Arbitrage on the 1997 Special Obligation Revenue Bonds and Commercial Paper Loans A-13-1 and A -14-1. As detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to authorize the making of an Offer of Judgment to Respondents, Ziad Shahla and Heidi Fleer for Parcel No. 146 in the amount of $18,150.00 in the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04-600-CA (Vanderbilt Beach Road Project 63051 ). As detailed in the Executive Summary 2) Recommendation to authorize the making of an Offer of Judgment to Respondent, Alexander S. Oppliger for Parcel No. 148 in the amount of$16,180.00 in the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04-600-CA (Vanderbilt Beach Road Project 63051). As detailed in the Executive Summary 3) Recommendation to authorize the making of an Offer of Judgment to Respondent, Patricia A. Carter for Parcel No. 149 in the amount of $18,150.00 in the lawsuit styled Collier County v. Ziad Shahla, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project 63051). As detailed in the Executive Summary 4) Recommendation that the Board authorize an increase of Purchase Order No. 4500038066, Gerson, Preston, Robinson & Co., P.A., expert witnesses and consultants for the County in the lawsuits entitled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04- 3632-CA, and Collier County v. First National Bank, et aI., Case No. 04-3587-CA (Immokalee Rd. Project 66042), for an amount not to exceed $40,000.00. As detailed in the Executive Summary 5) Recommendation to authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Helen Valent ("Respondent"), in the amount of$79,465.00, as full compensation, 13 February 8, 2005 .,___".,^.,~~__,._",,,,, '0"', _M.~'_~"~'·'· ___+ ,_.'" . ,',-" ". ""-'-""."-'~'''_.~-'''''" -~.~_.__.'"-" .. ~~- excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 157 in Collier County v. Helen Valent, et aI., Case No. 04-524-CA. As detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcels 143A and 143B in the lawsuit styled Collier County v. The Courtyards at Quail Woods Condominium Assoc., Inc., et al., Case No. 04-3833-CA (Immokalee Rd. Project 66042). Staff to deposit the sum of $3,350.00 with the Clerk of Courts 7) Recommendation to approve a Stipulated Final Judgment as to Parcel 200 relative to the simple fee acquisition in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA (Immokalee Road Project #60018). Staff to pay the sum of $15,856.67 to the Roetzel & Andress Trust Account 8) Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by B. F. Ft. Myers, Inc. d/b/ a Wendy's Old Fashioned Hamburgers Restaurants Associated with the Acquisition of Parcel 134 in the Lawsuit Styled Collier County v. First National Bank of Naples., et aI., Case No. 04-3587-CA (Immokalee Road Project #66042). County Attorney's Office to make a business damage offer of zero 9) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcel 169 in the lawsuit styled Collier County v. Ismael Gonzales., et aI., Case No. 02-2159-CA (Immokalee Rd. Project 60018). Staff to pay the sum of $15,408.00 pursuant to the Stipulated Final Judgment 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY 14 February 8, 2005 .'^.---- ,.<-~_.._,.~.~"--,--,.. .. ..._--".'"'-~. -.._- PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. SE-04-AR-6830, an Ordinance amending Ordinance 04-69, the Terafina Planned Unit Development (PUD) to correct a scrivener's error resulting from the inclusion of an incorrect zoning map number in the title of the transmittal copy of the adopted Ordinance sent to the State Department of Community Affairs for the property located approximately one mile north of Immokalee Road (CR 846) in Section 16, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2005-06 B. This item reQuires that all participants be sworn in and ex-parte disclosure be provided by Commission members. RZ-2004-AR-6209 Collier County Board of County Commissioners, represented by Dwight Nadeau ofRW A, Inc. and Dalas Disney, of Disney and Associates, requesting a rezone from the E Estates zoning district to the P Public zoning district to expand upon the current use of repair and storage of vehicles belonging to the Collier County Board of County Commissioners, and relocate similar facilities for the Collier County Sheriffs Office and Emergency Medical Services on-site. The property, consisting of 9.96 acres, is located at 2901 County Barn Road, Section 8, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 2005-07 C. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VPLA T2004-AR6835 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 35 foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2, according to the plat of "Santorini Villas at Olde Cypress" as recorded in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. 15 February 8, 2005 --- . ...........,,-""'........~-_._.,~.., "" . ~.~ .--.- .,-~ -..,""..-- Resolution 2005-85 D. This item has been continued indefinitely. SNR-2003-AR-4982, Bill L. Neal, representing Bayshore Beautification Municipal Special Taxing Unit, requesting a street name change from Bayshore Drive to Botanical Garden Parkway, 10cated in Sections 11, 14,23 & 26, Township 50 South, Range 25 East. E. Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida amending Section 74-201 (g) of the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which is Chapter 74 of the Collier County Code of Laws and Ordinances, to provide for a change in the timing of the submittal of applications for participation in the "Immokalee Residential Impact Fee Deferral Program" in order to allow for more effective and efficient management of this program. Ordinance 2005-08 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 16 February 8, 2005 "-- _. .....".-.--.-""-."'.' ~. 2A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING . Februarv 8. 2005 Add Item 4C: Proclamation designating February 22, 2005 as America's 9/11 Memorial Quilts Organization Appreciation Day. To be accepted by Jeanne Ammermann. Item 16 D 3: Change Order No.4 amount should read $452,280.80 as shown in the executive summary, not $452,250.80 as shown on the printed index. (Staff's request.) Item 16G1 continued to the Februarv 22. 2005 BCC meetina: Recommendation to approve and execute the impact fee assistance grant agreement between the Community Redevelopment Agency and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. (Staff request.) Item 16 K 7: The planning fee agreed upon in this matter is $222.50 not $87.50 as stated. The Stipulated Final Judgment has been amended to reflect this. (Staffs request.) The following Consent Agenda Items are to be approved by the Board of County Commissioners acting as the Community Redevelopment Agency: Item 16 G 3: Recommendation that the Community Redevelopment Agency (CRA) approve a $131,000 budget amendment from Fund 187 Bayshore/Gateway Triangle Redevelopment Area General Reserves to Fund 187 Residential Rehab to cover costs associated with the Redevelopment Area's residential rehabilitation grant program. Item 16 G 5: Recommendation that the Community Redevelopment Agency (CRA) ratify the Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to use Coastal Staffing Service, Inc., to provide temporary staffing for the Bayshore/Gateway Triangle Redevelopment Area office until the CRA ratifies the hiring of the Redevelopment Area's new executive director; and to transfer all necessary funds from Fund 187 reserves to a temporary staffing expense line item to ensure staffing during the period of time without an executive director. -...,.""".. ,_."_....",..,"....._~- ._.....~. ¡ 4A PROCLAMA TION WHEREAS, The Conservancy of Southwest Florida was founded 40 years ago when a group of concerned citizens rallied around the cause of saving Rookery Bay, one of the world's most pristine mangrove forests,' and, WHEREAS, The Conservancy preserved mangroves in and around Pelican Bay and prevented the area from looking like the heavily developed Miami Stlach coastline; and, WHEREAS, in the history of its Sea Turtle Monitoring and Protection Program, the Conservancy has protected nearly 212,000 sea turtle hatchlings,' tUld, WHEREAS, The Conservancy settled a J5-year legal dispute over plans for Hamilton Harbor Marina to be built in Naples Bay, ensuring mangrove protections on the edge of the bay and along portions of the Gordon River,' and, WHEREAS, at· its Wildlife Rehabilif:( . The Conservancy now treats more than 2,400 nati . "",<,\¥õf,' ~':': K~ alf those successfully ." . ;,&. .., returned to 'i<' .A WHEREAS, . d more than ~ J"-. . _ . . ,....., " into the public idents about WHEREAS, "p.1:'. . <Vth~::~~n, ~Aè~~~;, ,,>,,::fAt·, and in recognizlff~i" ' we urge 'all citizens to join in celebrating this alÌñl1;"M~"I':;'~ . salute The Conservancy for its unwavering commitment to protecting Southwest Florida's natural environment. DONE AND ORDERED THIS 8'" DAY of FEBRUARY 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: ~~~ PROCLAMATION I 48 WHEREAS. it was Marjory Stoneman Douglas who first made people aware that the Everglades is a part of a much larger ecosystem. a thousands-year-old balance of land and water. sun and rain. people and wildlife; and. WHEREAS. Marjory Stoneman Douglas led the fight to preserve the natural balance and diversity of this mysterious region. declaring that "there are no other Everglades in the world" and that "they are unique in the simplicity. the diversity. and the related harmony of the forms that they enclose"; and. WHEREAS. Marjory Stoneman Douglas stated. "You have to stand up for some things in this world" and campaigned for nearly 20 years to help establish Everglades National Park in 1947 and the Friends of the Everglades in the 1960s; and. WHEREAS. through the 1970s. 80s. and into the 1990s. she fought as Florida's greatest defender of the environment. speaking powerfully throughout the state. and at a public hearing in the gymnasium of the Everglades City School. about the fragility of the ecosyst~m9f!..th~Fyerglades. which she called the "River of G ". d ......~;.j;d>}¡jf,)!ilLli}:·····"'."<.I~. ·ty;,;î;ù·····¡- rass . an......... ..................................w..............................'...'..... .."Æ1.,.,·.....·~.J'I.....'>.·. .' Wl".f ..... ....'.'.'.......,f..'i.. .....'.......$fi..'...".y"'.i...... . '.t . x",.Úkw.¡,;W ·.j~;%j%t .' '.''¡¡, , ·.·.'it)$.@W\!i.;*?:,' .*=~ð\,.'.... .¡%. .'" ·."4@,·ß·.·.; .'."" jll!,{'*:k':"" ;t:'*i~Jw· . :::\fDV~'" ''-;'., ~t,¡$ ·WJ@ ,/t ,. . : ');.~ WHEREAS, Marjory,..~""d4JltÆ{'jÍ~~~h the Medal of Freedom, the hig~~,,~~~~ntiQI hono~¡é~h~lnþi.tij:~~;Qt·I'!;*.tlllf United States; and. /iU*IIi.i'. ~h } i .' / . iA'~"" .... ..,.v·i.>../'# WHEREAS, Th~~ th,,~~Jil9'fÍ'" ~... ":::"J.[, Library have joined t~hanor "'~~;~~ß' Jte~:~;tas by hosting the First A.I~lIIrjory St<WJ~mti;t)9~91,_·.F.$tivøl ;·'lieb./'ÎÎIt through February ,><?:j}<\t~:;. . .:.... ';':":_'.?:-: ',_' -:< '.'~ "'e--'-', ,-', \ "'> "; ',\ ,,' ....-<:; ?::', .,'m.,._.,.,~,w·~··,t:;, ¥JNF~~:f::.,mtßj:WT} 2'f11Guu5 In Evergløde$ \Clty '. ,.'<k':%ß,w"'j .w~f* i'~!!¡'.lii:¡:_ l-"S,:Lf;;,;/ i l;¡i~~¡1i;¡;!J~<:<::~¡' II~JI NOW THEREFORE, b"~f~laim-1!'it¥"~~C~" Commlsslllf Collier County, Flq".}¡llr ;;.); t t~f},,"'!~;9f'F,b~r\"V\~'¡ through I,l¥;¥J¡!4¡iÚir 26th. 2005 be des" . 'os <, "~J't'¡ ,,< . .....,"" ,~ vir,' '.'; ~1., "~îI¡~ ';¡I' _0' ~1rikmQn )9.1:19.~ In cOIli~~,;BJ¡~:~ß ~ ,L. a reelatlon be extended to those who ......~.^¡.>.' .\.'.,.'i.¡~.I~.'.,;.~~.rma:PDougIQS In keeping clean, fresh water fl~wr"~¡iiwtl ,..",/ ·,.,'~Î.¡~"" of Grass." "AtX;01î1Mit~i1l~iíi¡¡:# . . " DONE AND ORDERED THIS 8TH day of February 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FL I 'I --'"'_._-----,,-.~".._-~._.._---_.,--_._,.._,.._."..._.._" I· 4C PROCL.AMA TION WHEREAS, Americas 9/11 Memorial Quilts Organization, consisting of more than 500 volunteers across the United States, seeks to honor victims who died in the World Trade Center, the Pentagon, on United Flights 93 and 175, and on America Airlines Flights 11 and 77 by creating a 10 foot by 60 foot memorial qUIlt: and, WHEREAS, Americas 9/11 Memorial Quilts Organization work began on September 14, 2001, and continues through its 4dh month: and, WHEREAS, Americas 9/11 Memorial Quilts Organization shall continue its efforts to compassionately support the famIlies of September 11, 20C!1, families of fallen service members, and those who continue to serve our country in the fight against terrorism and to aide in the preservation of freedom . for all mankind: and, WHEREAS, Americas 9/11 Memorial Quilt Organization is creating eight individual quilts Including theÆ.Vi¡¿jl'lfø;Quilt, the Pentagon, the New York/New ":~::"{;'>:}:::r" :. '. ::?,:;,.;(?{~~;:.. - "::.,' L..:::' :-, .. . Jersey por~~f1.!t~~.c;L~~~írli1ft~I/ê.f!J(tment of New York, Emergency :;;~:~~e::' :.:" ::/::U:/:~or~~ vic~f'f'Cir!riri~f,;iñber .1~".,~æ,J~~1!:t¥P'..">·····#:'ii}'~;" WHEREAS, II,/::!t~i~¡fi;;?:\ .... ptember 11, 2005 ({~r:}:g:tl~>::t\:}:.é); ,;' _ .;,":"": ;~:/:.:g t' '-;,_ <.-ç-:: ,:~" Ù:"':::'~: ';: /"" ..,-' ,&-'" \':) _:";",~t~:rc" I1t;:;: :w~= R'"DriQr#¿:~ß)~?~,;=:;/ WHEREAS, "Q$ 9/~ij~df~,\0rgDIlÍZQffo. . Q twø-dDy public ;:'$.",. of ¡the? tlictim$~/(N¡il'li '¡n~ 'Naples, wh' than 150 victims' i.,.iJÌÆ;ì)Jemhe,.j!'ftt,m :_$/~N.fij~tion atte" t'"^ "., WHEREAS, ~"""~ident Dl1li!U"'<" QJìÎijl¡"I~~~;~ ~f ~#!:t æ4f.' AemoJllt<i/ Ø'.' ... Ç;'-'%1I' ~ 'iiil"":;;"C:-'" ...·p····c> . "", ...... NOW THEREFORE, be it proclal' ··"Ji,. ';J" County, Florida, that February 8th, "2ö8J" . .' AMERICA'S 9/11 MEMORIAL QUILTS ORGANIZATION APPRECIATION DAY DONE AND ORDERED THIS 8th Day of February 2005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: " ¡ ¡ 98 I MEMORANDUM DATE: February 15, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-86 Enclosed please find a copy of the document, as referenced above (Agenda Items #9B) approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure --------~_.."_.._-""_..._"-_._",.,----"..,-~-"~..__..._-._-' _.-........ ,--..-~._.,,,._-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 98 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact statf for additional or missing information. All original documcnts needing thc Bee Chairman's signaturc arc to be delivered to the Bee omee only aftcr the Bee has acted to approve thc item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 9B A roved b the BCC Type of Document Resolution t. 60S - Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed @ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval ofthe Ct-Q document or the final negotiated contract date whichever is applicable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ® signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip V should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03,04 ~-'-"'~--~'-""--' ~._,-.__..- ",..-,,,,,-.,.-.... 98 RESOLUTION NO. 2005-86 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10, as amended; and WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 11 members; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, TH EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Albin A. Kozel, Jr., is hereby reappointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4, 2007. 2. Matt Hudson is hereby reappointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4, 2007. 3. Sydney E. Blum is hereby reappointed to the County Government Productivity Committee for a 2 year term, said term to expire on February 4, 2007. This Resolution adopted after motion, second and unanimous vote. DATED: February 8, 2005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1vJ- W. c+ FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~1!4 Item # ..9.ß.- Agenda 2 ..ß ~ç County Attorney Date - --_.__._._------~ 9C MEMORANDUM DATE: February 15, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-87 Enclosed please find a copy of the document, as referenced above (Agenda Items #9C) approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure -----..,-- -_.._.,.,-~ 9C .4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created!prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above, including Suc Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to tbe Bee otlìcc only after the BeC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 9C Approved by the BCC Type of Document Resolution ¿DOS- -AÎ Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ,ro"' by the Office of the County Attorney. This includes signature pages from ordinances, , resolutions, etc. signed by the County Attorney's Office and signature pages from \i/ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. t Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04 "_"'~'.""'~>""'''_.'''d,.._. ~".. ""~,~,,".,..~,,,_._...._.,,,_.~,,,,,._,-,,,,,",,.,,..,,,,-~.",,""'"''".,,", 1'" 9C RESOLUTION NO. 2005-87 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT LINDA HARTMAN TO THE GOLDEN GATE ESTATES LAND TRUST ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-48 created the Golden Gate Estates Citizens Advisory Committee; and WHEREAS, Ordinance No. 87-48 was amended by Ordinance No. 94-40 which renamed the Committee the "Golden Gate Estates Land Trust Advisory Committee;" and WHEREAS, this Committee is composed of 5 members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Golden Gate Estates Land Trust Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Linda Hartman, representing the Phase I category, is hereby appointed to the Golden Gate Estates Land Trust Committee to fulfill the remainder of the vacant term, said term to expire on October 13, 2007. This Resolution adopted after motion, second and majority vote. DATED: February 8, 2005 ATTEST: .."l"" BOARD OF COUNTY COMMISSIONERS ~ I··.... '-;"d DWIGtff.6.. B~~Oerk COLLIER COUNTY, FLORIDA ·f ,;- . ' , , " '.to IJc By: '1u-LW. ~ - ", .. Dep;..,tfe k- ':M:tut. .as. 't9--th¡1 nIIn . S FRED W. COYLE, Chairma Sf"Ø~I~'J. Approved as to form and legal sufficiency: L~ ~ ~ ~~ David C. Weigel County Attorney Item# ~ ~~~;da Z-~ ,6<) ~:~~d 2 - 5" ~O:) ~-ú?~, puty Clerk --~-_..- 9D MEMORANDUM DATE: February 15, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-88 Enclosed please find a copy of the document, as referenced above (Agenda Items #9D) approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure _.,_...,->._~-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , 9D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. ]fthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 9D Approved by the BCC Type of Document Resolution ZOOS -ffi Number of Original ] Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. ]n most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! I; Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03,04 ,. """",'~"""',-"~,......," , 90 RESOLUTION NO. 2005-88 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE BOARD OF DIRECTORS OF THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. WHEREAS, the Board of County Commissioner received notification from the Health Planning Council of Southwest Florida, Inc., that there are currency vacancies to be filled by the Collier County Commission; and WHEREAS, there are currently two vacancies on this board, one representing the category of Purchaser and one to represent the category of Provider; and WHEREAS, a press release was issued by council soliciting applications for appointment; and WHEREAS, the Health Planning Council of Southwest Florida, Inc., has submitted its letter of recommendations to the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER, COUNTY, FLORIDA, that: 1. Larry H. Ray is hereby reappointed to the Board of Directors of the Health Planning Council of Southwest Florida, Inc. under the category of Provider for a two year term, said term to expire on February 8, 2007. 2. Barry Williams is hereby appointed to the Board of Directors of the Health Planning Council of Southwest Florida, Inc. under the category of Purchaser for a two year term, said term to expire on February 8, 2007. This Resolution adopted after motion, second and majority vote. DATED: February.ß, 2005 ~ ~. ATTEST~"'" ......, , BOARD OF COUNTY COMMISSIONERS DWIGfìTE?BROÇK.. ·ti~, COLLIER COUNTY, FLORIDA , . \ ~. . ", . ~ \, ; " ~ '. ~C By: ~W. ~ " I ....... ." Att.st:;¡_:~~ß Cha 1 nun' s FRED W. COYLE, Chairma s1gAltw" Ott1J. Approved as to form and legal sufficiency: David C. Weigel Item# ~ County Attorney ~~~;da ~-'ð "6) I 9'[ MEMORANDUM DA TE: February 15, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-89 Enclosed please find a copy of the document, as referenced above (Agenda Items #9E) approved by the Board of County Commissioners on Tuesday, February 8,2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure .__.. . "-.....---.-.. -"-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [fthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact stan-for additional or missing information. All original documents needing the BCC Chairman's signature are to be delívered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 9E Approved bv the BCC Type of Document Resolution f.mJ5-Bi Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST [nitial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 10 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC \y Chairman and Clerk to the Board and ossibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the (f) document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. © Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 0"'" ,. 9E " RESOLUTION NO. 2005-89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA TO APPOINT KAREN J. lOUWSMA TO THE lIBRARY ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 88-71 confirmed the creation of the Library Advisory Board and provides that the Board shall consist of five (5) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Library Advisory Board has provided the Board of County Commissioners with its recommendations for appointment to their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Karen J. Louwsma, representing Commission District No.5, is hereby appointed to the Library Advisory Board for a 4 year term, said term to expire on December 31, 2008. This Resolution adopted after motion, second and majority vote. DATED: February 8, 2005 {' I..) .. 8 f)/\¡;~f\ I ATTf;&t; .......;v...,,· BOARD OF COUNTY COMMISSIONERS DwtGH-r~£\;-BR~é'~~~~r-k COLLIER COUNTY, FLORIDA ~. ;.~';) : .. .',".. ',' ,I: ~~~) _. ~ I -,,' ,,~) ~ t/. f I~ ({ l .. -/.... . *,:,,)0 'f c:' þ ;:-,1 "\ 1.(, !"'". \.....-).~ . """j , :; :::t \ '\:~~'~'~~; ~J¥1 j ~ ; ~W~ ._ Y I"': By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~~4 David C. Weigel County Attorney Item # eyE Agenda 2. -8 -05 Date Date 1.. - 15-(5 Rec'd ~Q~ puty Clerk I 9F' MEMORANDUM DATE: February 15,2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-90 Enclosed please find a copy of the document, as referenced above (Agenda Items #9F) approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure ---'",~- "">'"·"""'."~_''''''''__''4''''·"'''~' .,._."*"....,,__....._,.,.__."",_ ..,,-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the pcrson who created/prepared the executive summary. Primary contact infom1ation is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only atìer the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 9F Approved bv the BCe Type of Document Resolution ZÚ<:::J$"" -9 D Number of Original ] Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ~ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval ofthe document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip @ should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 <,....._.,~."._."..,-'..,.,~'. .' 9F RESOLUTION NO. 2005-90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT AND CONFIRM THE APPOINTMENT OF MEMBERS TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Ana Salazar, representing the category of Nonprofit Community-Based Organization Operating within the Nominated Enterprise Zone, is hereby appointed to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4, 2007. 2. Sonya L. Tuten, previously representing the business area category is hereby reappointed under the category of Chamber of Commerce for the remainder of the vacant term, said term to expire on April 4, 2007. This Resolution adopted after motion, second and majority vote. DATED: February 8, 2005 ATTEST: ", i" 1';', :,' , , . , , BOARD OF COUNTY COMMISSIONERS . ~ µ....... :."", ¡,; ~ " 1 DWIGhf'f E; HRÒCK,:-c'lerk COLLIER COUNTY, FLORIDA I'. .... '" 't r.;..¿_.;, ' I < '1uLW. ~ " . J)C . By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~ ¡¿ ft~;¡ t ¿J David C. Weigel ltem# gç: County Attorney Agenda 2. -ß ~ 0 ) Date ~ Date Z ~ jS--O~ Rec'd ~. "L uty Clerk BC&- ¡¿ ,2/ '010 '5 . Ii~m c¡ q \ 9G ¡ FOWLER WHITE BOGGS BANKER A TTORNEYS AT LAW ESTABLISHED 1943 James T. Humpbrcy Direct Dial: (239) 334-7892 ihu1l'll'llm!vt'àlmwlerwhite.com January 24, 2005 The Pelican Bay Foundation 6251 Pelican Bay Boulevard Naples FL 34108 Attention: Board of Directors Re: Opinion Concerning the Obligation of the Collier CoWlty Water Sewer District to Continue to Provide Water, Sewer, and Re-use Water Services to Pelican Bay in the event of Annexation by the City of Naples Ladies and Gentlemen: We have been asked by the Foundation to provide an opinion on the issue of whether the Collier County Water Sewer District <"CCWSD"), the current provider of potable water, wastewater service, and non-potable effluent water to Pelican Bay, has a continuing obligation to provide these services in the event Pelican Bay is annexed by the City of Naples. Our answer to this question is yes. Until such time as the City of Naples and the CCWSD enter into a mutual agreement which revises the boundaries of the City of Naples' water and sewer service area to include Pelican Bay, the annexed area remains within the boWldarles of the CCWSD. As a public utility, the CCWSD has a continuing obligation to provide an integrated water/sewer utility services, including reclaimed water service, to the property owners in Pelican Bay in a non- discriminatory fashion in accordance the U. S. Constitution, the Special Act governing the CCWSD, and the obligations tnmsferTed to the CCWSD by operation of law by virtue of Collier County's succeeding to the powers and duties of the fonner Pelican Bay Improvement District. The documents reviewed, as well as the historical background and the legal support for this position, are set forth below. Documents Reviewed in Preoaring this Ooinion . Collier County Resolution 2004-03 . A Special Report to the Residents of Pelican Bay from Commissioner Frank Halas February 5,2004 FOWLER WHITE BOCGS BANKER P.A. TAMPA' ST. PETERSBUIC . FORT MYERS' TALLAHASSH . ORLANDO' NAPLES . "'E~T PA' '" BFACH . BONITA SPRINCS . JACKSONVILLE 2201 SECOND STREET. 5TH FlOOR' FORT MYERS, FL 33901 . P.O. Box 1567. FORT MVFRs, F1 B902 TELEPHONE (239) 334-7892 . fAx (239) 334·3240. www.fowlerwhite.com ---_.-._-_.._--------,~-- .'--- _____u______.___ . 9G Page 2 ! · Collier County Board of County Commissioners minutes and staff reports · Chapter 74-462, Laws of Florida, Creating the Pelican Bay Improvement District · Collier County Resolution 90-335 · Collier County Resolution 91-216 · Collier County Resolution 91-217 · Collier County Plan of Dissolution for the Pelican Bay Improvement District · Collier County Resolution 92-340 · Chapter 2003-353, Laws of Florida, Reestablishing the Collier County Water-Sewer District · Co11ier County Public Utilities Division" Application for Service" Historical Bacluzround In 1974 the developer of Pelican Bay sought and obtained the passage of Chaptcr 74-462 which was a special act of the Florida Legislature which created a special tax district to be known as the Pelican Bay Improvement District ("PBID"). Chapter 74-462 provided for the construction, operation, and maintenance of Pelican Bay's ''water systems and sewer systems or combined water and sewer systems", and the PBID's regulation of "the use of sewers and the supply of water within the district". In addition to these exclusive powers, the PBID was also given the power '"to sell or otherwise dispose of the effluent, sludge or other by-products as a result of sewage trea1menf'. The intent of the Legislature in enacting Chapter 74-462 was to create the PBID for the purpose of facilitating "controlled, economic, orderly, and timely development of utility services consistent with local, regional, and state planning policy" and "to insure that the general public interest and the interests of the ultimate landowners and residents of the community, as developed be served". Chapter 74-462 contemplated the eventual establishment of a regional or county-wide district that would succeed to the ''powers, rights, duties, functions, and obligations" of the PBID at such time as the ''utility improvement or development facilities works or systems authorized by [the] act" were constructed and established as being functional and productive. During the 1970's Collier County established a regional water and sewer utilities system in accordance with state planning and policy mandates. This resulted in the establishment of the CoJlier County Water-Sewer District ("CCWSD") pursuant to Chapter 88-499, Laws of Florida. Pursuant to this legislation, the Collier County Board of COWlty Commissioners ("BOCC'') acts as the governing body of the CCWSD. The boundaries of the CCWSD completely encompassed the PBID. Chapter 88-499 confinned the BOCC's authority to exercise jurisdiction and power over the properties located within the PBID as provided in Chapter 74-462. In 1990 the BOCC adopted Resolution 90-335 pursuant to which it dismissed the PBID's existing Board of Supervisors and named itself as the governing body thereof pursuant to the succession provisions of Chapter 74-462. The PBID continued to exist as a legal entity. Simultaneously with this action, the PBID filed suit in circuit court against Collier COWlty seeking an injunction to prevent the County from succeeding to the powers of the PBID, challenging the constitutionality of Chapter 74-462, and challenging the County's interpretation of the "succession" provisions. The Court granted swnmary judgment in favor of the County and this was affirmed on appeal. The Court, in its Swnmary Final Judgment, found that Chapter 74-462 was constitutional, that it was FOWLER WHITE BOGGS BANKER P.A. fORT MYERS· NAPLES' ORLANDO' ST. PETERSBURG' TALLAHASSEE. TAMPA. WEST PALM 8EACH -..... , 9G Page 3 not superseded by any other statute, and the CO\mty had complied with each of the prerequisites to succession as set forth in Chapter 74-462. In December of 1990 the BOCC, as successor to the PBID, entered into an Agreement with Westinghouse Communities, as the Developer of Pelican Bay, to construct the infi'astructlU'e to interconnect the water, sewer, and inigation systems of the PBID and Collier County, with such project to be complete by March of 1991. Thus, all three components of the PBID system - water, sewer, and effluent irrigation, were constructed and in place at the time Collier County succeeded to the powers and duties of the PBID. In March of 1991, the BOCC adopted Resolutions 91-216 and 91-217, pursuant to the authority of Sections 189.4043 and 189.4045, Florida Statutes, to dissolve the PBID and allow for the County and the CCWSD to assume all property and indebtedness of the PBID. The Plan of Dissolution adopted by the County as part of these ordinances cites Section 189.4045, Florida Statutes, as authority for the proposition that title to all property owned by the PBID was transfeJTed by operation oflaw, upon dissolution, to the County as the local general-purpose government, which also assumed all indebtedness of the PBID. Section 21 of the County's Plan of Dissolution entitled "Water, Sewer, and Irrigation Utility Services; Policy Direction" reads, in part, as follows: 21.1 . . .The COWlty has completed the extension of potable water lines to serve the Pelican Bay area and is prepared to begin providing potable water to the Pelican Bay area. pursuant to the /nterlocal Agreement. by November 1991. **. 21.4 .. .Upon succession, Collier County embarked upon a program to provide irrigation water to the areas served by PBID from sewage effluent processed at the County's North County Regional Sewage Treatment Plant. The extension of irrigation water transmission lines ftom Collier County facilities to the areas served by PBID are under construction and planned to be completed by June, 1991. Upon completion of these effluent transmission lines, Collier Co1.Ulty will supplement the irrigation water needs of the Pelican Bay area. Upon termination of the on-site sewage treatment operation in Pelican Bay, the County will provide all irrigation water to Pelican Bay. 21.5: It is in the public interest that long-range planning, management and financing and long-term maintenance, upkeep and operation of a water. sewer and irrigation within the Collier County Water-Sewer District be uniform. efficient and ecolWmical. To that end, Collier County plans to provide water, sewer, and irrigation services to the areas previously served by the PBID and as soon as reasonably feasible to terminate the on-site treatment of sewage within Pelican Bay. 21.6: If upon dissolution, CoUier County feels that it is advisable to specifically convey all of the water, sewer and irrigation utility assets to the Collier County Water-Sewer District, then any such transaction will be in confonnance with applicable law. (emphasis added) FOWLER WHITE BOGGS BANKER P.A. FORT MYERS. NAPLES' ORLANOO . ST. PETERSBURC . TALLAHASSEE' TA....'... . WEST PALM 8bALH . t 9G Page 4 In Resolution 91-217 the Collier County BOCC, as the governing board of the CCWSD, made specific representations regarding the County's intent and obligation to continue to provide water, sewer, and irrigation services to the area formerly served by the PBID: B. Having become the governing body of the Pelican Bay Improvement District, it is now necessary for PBm to consider and adopt better procedures resulting in the high quality, efficient, expedient, and economic provision of water, sewer, irrigation, street lighting, water management, and beautification services, responsibilities and obligations now provided by the Pelican Bay Improvement District. *"'* O. Collier County and/or the Collier County Water-Sewer District and/or the Pelican Bay Improvement District hove caused the installation of the appropriate infrastructure to interconnect the water, sewer and irrigation $)Istems and facilities of the Pelican Bay Improvement District to regional treatment facilities of the Collier County Water-Sewer District. P. Collier County and/or the Collier County Water-Sewer District through Collier County Utilities Division is capable of providing all of the water, sewer and irrigation services and/or necessary administration to serve the areas presently served by the Pelican Bay Improvement District at the same or better cost, at the same or better level of quality and as efficiently as is being provided by the Pelican Bay Improvement District. (emphasis added) Thus, in addition to the requirements of Chapter 74462, which made it incumbent upon Collier County, as the successor governing entity, to continue to provide Pelican Bay with the utility services contemplated by the Legislature in enacting that speciaJ act, Collier County expressly premised its takeover and dissolution of the PBID on the policy that it would continue to provide aJI three of these utility services - water, sewer, and effluent irrigation - to the Jandowners in Pelican Bay after takeover. Furthermore, the language used by the County in its Plan of Dissolution demonstrates that it considered these services, and the inftastructure necessary to provide them, as parts of a singJe, integrated utility system. The Plan of Dissolution aJso provided that the utility assets within Pelican Bay, having been acquired by CoJlier County by operation of Jaw upon dissolution of the PBID, would be transferred to the CCWSD whenever the BOCC dct:ennined that such action was advisable. In 1992 the BOCC enacted Resomtion 92-340 by which it transferred title to the PBID water, sewer, and utility related irrigation assets from ColJier County to Collier County and the CCWSD. Resolution 92-340 states that such transfer of assets is in the "public interest" and contains additional representations by CoJIier County concerning the continued provision of water, sewer, and irrigation services to Pelican Bay by the CCWSD. The resolution further notes the superior experience of the CCWSD ''in the water, sewer, and irrigation utility operation" as weU as its financial ability to provide these specific services ''to the PeJican Bay service area." Of note in this analysis is that at the time the COWlty succeeded to the powers and duties of the PBID in 1990, and eventually dissolved it, incorporation or annexation of Pelican Bay was FOWLER WHITE BOGGS BANKER P.A. FORT MYERS' NAPLES' ORLANDO' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH - ..- -- -"- ,--..- Page 5 9G considered "imminent". The Executive Summary prepared by Assistant County Manager Ron McLenore, and reviewed by County Manager W. Neil Dorrill in June of 1990, addressed the possibility that annexation or incorporation might occur prior to the County's succession and dissolution of the PBID, and examined what effect that would have on the County's regional utility system and the continued operation of the PBID's facilities by Collier County. The CoWlty staff detennined that nothing in Chapter 74-462 prevented the PBID from continuing to operate and own the utility facilities within the boundaries of the PBID even if that territory were incorporated as a city or annexed into the City of Naples. Thus, the County concluded that the boundaries of the PBID would be unaffected by annexation. The County staff next looked at Chapter 153, norida Statutes, which is directed to Florida counties which desire to construct, operate, and maintain utilities within the boundaries of a municipality. Section 153.03, F10rida Statutes, provides that a county has the power to operate, maintain, and control water and sewer systems within any municipality if it has the consent of the city council, unless such facilities were owned by the county on such property prior to the time such property was included within the corporate limits of such municipality. The County staff detennined that even if Pelican Bay were incorporated or annexed prior to the vesting of title to the PBID utility assets in Collier County and/or the CCWSD, Chapter 153 was inapplicable as long as the County was "operating pursuant to the succession provisions of Chapter 74-462 (the enabling act which ereated the PBID). The County staff noted that the CCWSD was "re-established" outside of the parameters of Chapter 153 via special act Claaptcr 88-499, Laws of norida. The County staff then examined the effect of Chapter 88-499 and concluded that this statute did not preclude the jurisdiction of the CCWSD over properties located within the boundaries of the City of Naples to the extent such boundaries are amended after the effective date of Chapter 88- 499. (Chapter 88-499 was later repealed and recodified as Chapter 2003-353, Laws of norida, pursuant to Section 189.429, Florida Statutes). Thus, Collier County recognized in 1990, when it succeeded to the powers and duties of the fonner PBID, that annexation of Pelican Bay by the City of Naples would not alter the jurisdiction of either the former PBID or the CCWSD over Pelican Bay. Chapter 2003-353, Laws of Florida, repealed and recodified Chapter 88-499 and "reestablished the Co1lier County Water- Sewer District. The new act defines the CCWSD as a political subdivision of the state whose governing board is the BOCC of Collier County. The act further identifies the boWldaries of the CCWSD as follows: Section 3. Jurisdiction. restrictions. and boundaries as applied to the City of Naples. Ever1!ladcs City. Immokalee Water and Sewer District. Marco Island. Golden Gate. and other Ußincoroorated areas. *** (2) Notwithstanding any other provisions of this act, the District Board shall exercise no jurisdiction or power of any kind over properties located within the boundaries of the City of Naples water and/or sewer service areas, or Everglades City, as all such boundaries FOWLER WHITE BOGGS BANKER P.A. FORT MYERS' NAPlES' OUANDO . ST. PETERSIURG . TALLAHASSEE' TAMPA' WEST PALM BEACH -..... -~--~ .~_. 9G ~ Page 6 exist on the effective date of this act, except as may be consented to in writing by the respective city councils. The District Board may exercise jurisdiction and power over properties located within the prior geographic boundaries of the Pelican Bay Improvement District. In 1991 the District assumed thc bonds of that District and, pursuant to Resolution No. 91-216 began serving within that geographic area. *** (5) The boundaries of the District are described as follows: [metes and bounds description follows] .. .LESS AND EXCEPT all of the following: A. Any lands lying within the City of Naples water and sewer service areas as mav be revised from time to time bv mutual agreement between the City of Naoles and the ColJier County Water-Sewer District ofCo/lier County. Florida. (emphasis added) Pursuant to the above-quoted provisions of Chapter 2003-353, a separate "mutual agreemenf' between the City and the CCWSD is required prior to any alteration of the boundaries of the CCWSD and the City of Naples' water and sewer service areas. Annexation of an area presently included within the boundaries of the CCWSD by the City of Napl~ in and of itself, does not constitute the requisite "mutual agreement" required to remove that annexed area nom the boundaries of the CCWSD. Chapter 2003-353 provides that it is the duty of the CCWSD to "operate" and "maintain" a ''water system or a sewer system, or both, within the geographic boundaries of the District". The CCWSD is given the "exclusive control and jurisdiction" thereof. Since the time it succeeded to the powers and duties of the former PBID in 1990, Collier County has recognized the powers, and corresponding obligations, of the CCWSD to provide water, sewer, and reclaimed water to Pelican Bay as part of a unified utility system, and to demand that . all property owners within Pelican Bay are connected to such system. However, earlier this year, amid a renewed interest in annexation by property owners in Pelican Bay, the Collier County Bacc enacted, without discussion, Resolution 2004-03 pursuant to which the County, declared it to be the policy of the CCWSD to sell reclaimed water only to areas located in unincorporated Collier County, and that no written agreement for reclaimed water service sha1l authorize or allow the District to supply reclaimed water or supplemental water to any area then situate within the geographic bOWldaries of a municipality. The Resolution further provides that each agreement subsequently entered into by the District shall contain a provision pennitting termination upon 90 days notice if all or any part of the land area to be served with reclaimed water is annexed into a municipal corporation. Collier COWlty Commissioner Frank Halas, in his ''Special Report to the Residents of Pelican Bay" dated February 5, 2004, asserts that Pelican Bay will become "ineligible" to purchase reclaimed water fi'om the County upon annexation pursuant to this policy. County Manager, James Mudd, has also asserted this position publicly. The Collier CoWlty Public Utilities Division attempts to make the terms of Resolution 2004-03 binding upon its utility customers by including in its "Application for Service" statements asserting that reclaimed water service will be terminated in the event the land served is annexed into a municipal corporation. FOWLER WHITE BOGGS BANKER P.A. FORT MYERS' NAPLES' ORLANDO' ST. PETERSBURG' TALLAHASSEE' TAMPA' 'WEST PALM BEACH --'.-" Page 7 9G Based upon the above quoted statutory provisions, historical facts, admissions and representations by Collier County, and the following legal analysis, it is our considered opinion that the County's policy, as asserted in Resolution 2004-03, is not legally supportable. I. Chapter 74-462. Laws of Florida The Special Act Creatin~ the Pelican Bay Imt'IOyement District The expressed legislative intent behind the original enabling act creating the PBID, Chapter 74- 462, was to ensure that the general public interest and "the interests of the ultimate landowners and residents of the community" of Pelican Bay, as developed, are served. This act provided for the creation and operation of a water and sewer system, the definitions of which may reasonably be interpreted to include a related and integrated itrigation component for disposal of treated wastewater. All three components of the Pelican Bay system - water, sewer, and effluent irrigation - were constructed and installed under the authority of Chapter 74-462 at the time Collier County succeeded to the powers and duties of the PBID pursuant to this act. The act provides that the exercise of the powers conferred upon the PBID constitute the perfonnance of "essential public functions". The Collier County BOCC, as governing board of the CCWSD, may not now refuse to provide an essential component of this established and integrated utility service - effluent water for irrigation - in an apparent effort to thwart annexation by Pelican Bay property owners. This is particularly so given the specific mandates of this act that the governing board of the PBID (which, by definition, includes Collier County as the successor governing board), "cooperate with or contract with other special tax districts or other governmental agencies as may be necessary convenient, incidental or proper in connection with any of the powers, duties or purposes of the district as stated" in the act." While the act gives the governing entity the power '''0 sell or otherwise dispose of effluent", it would be unreasonable to interpret this provision as negating the CCWSD's primary and continuing obligation to provide water, sewer, and effluent water service to Pelican Bay landowners, particu1arly when the County's supply of effluent water is increased as a result of the mandatory provision of sewer service to Pelican Bay. Tbe provisions enabling the CCWSD, as successor governing entity of the PBID, to "sell or otherwise dispose of effluent" can only reasonably be interpreted as pennitûng the sale of any excess effluent which the CCWSD may have after its statutory obligations to its Pelican Bay customers have been met. Furtbennore, Section 46 of this act pennits discontinuation of service only for nonpayment of the applicable fee. In taking over and ultimately dissolving the PBID, Collier County declared that it was operating "exclusively" pursuant to Chapter 74-462. Tbe County declared in its officially adopted Plan of Dissolution that the Cowty's policy was to "provide water, sewer, and irrigation services to the areas previously served by the PBID ". Tbe County transferred the water, sewer, and irrigation assets of the fonner PBID to the CCWSD in a single transfer pursuant to Resolution 92-340 evidencing the County's acknowledgement that all of the assets constitute one integrated utility service system. The County may not now render one component of this integrated system use1ess by refusing to provide eflluent water - effluent water which would not be generated but for Pelican Bay's mandatory connection to CCWSD's wastewater system. FOWLER WHITE BOGGS BANKER P.A. fORT MYERS' NAPLES' ORLANDO' ST. PETERSBURC . TALLAHASSH . TAMPA' WEST PALM RoACH - . 9G Page 8 In short, Collier Cowty took over the powers, duties, assets, and liabilities of the fonner PBID pursuant to Chapter 74-461. It may not now disregard the statutory duties imposed upon it by this act, duties applicable to the CCWSD as the "successor" governing entity, as well as its own stated commitment to continue to provide aU authorized and established components of service - water, sewer, and effluent water - to the Pelican Bay community. II. Chanter 2003-353. Laws of Florida The Special Act Re-establishing: the Collier County Water-Sewer District Chapter 1003-353, Laws of F1orida, defines the boundaries of the CCWSD. These boundaries include Pelican Bay. Annexation of Pelican Bay by the City of Naples will alter the boundaries of the City, but will not alter the boundaries of the CCWSD. Rather, the boundaries of the CCWSD will continue to include Pelican Bay after annexation until such time as the City of Naples and the CCWSD enter into a mutual agreement pursuant to which the City's water and sewer service areas are expanded to include Pelican Bay and the boundaries of the CCWSD are likewise amended to exclude it. The City of Naples is not yet in a position to expand its water and sewer service areas and has so indicated in its Urban Services Report, which states that the proposed annexation is based upon the CCWSD continuing to provide water, sewer, and effluent irrigation water to Pelican Bay. Chapter 1003-353 obligates the CCWSD to operate a water and sewer system within the boundaries of the CCWSD. As discussed more fully below, the effluent water component of a water/sewer system has been recognized by the Florida Supreme Comt as an integral component of such a system. As a public utility, the CCWSD may not arbitrarily discriminate among its customers, nor may it "chcny pick" the reclaimed water service component nom the integrated Pelican Bay system, and arbitrarily refuse to provide such service, thereby rendering such component useless. III. Eaual Protection and Florida Supreme Court Opinions A public utility, such as the CCWSD, may not discriminate against one class of customèrs based upon an arbitrary or unreasonable classification. For example, a municipal utility may not impose a surcharge on non-resident utility customers that is not justified on a cost of service basis. Classification of customers by location within or without a city utility's territorial limits, and a corresponding surcharge on non-resident customers, was held by the Florida Supreme Court to be unduly discriminatory in City of Tallahassee v. Florida Public Service Commission, 441 So. 2d 620 (Fla. 1983). Under this holding, municipal annexation will not be recognized as a reasonable basis for classification of a utility"s customers and couesponding differential treatment, absent a showing by the County that it will incur additional costs as a result of the annexation of Pelican Bay. However, Collier County asserts that it will not merely impose a surcharge, but rather will terminate Pelican Bay's supply of reclaimed water upon annexation. This is arguably a more serious constitutional violation than the surcharge which was stricken down in City of Tallahassee v. Florida Public Service Commission. In addition, as explained above, even after annexation, Pelican Bay will still be within the territorial boundaries of the CCWSD, whereas the non-resident customers in City of Tallahassee were outside of the city FOWLER WHITE BOGGS BANKER P.A. FORT MYERS' NAPLES' ORLANDO' ST. P[TrRSIURG . TALLAHASSEE' TAMPA. WEST PAL'" BEACH -~.- ,. 9G Page 9 utility's boundaries. Nonetheless, the surcharge with the city sought to impose on them was held unconstitutionally discriminatory. A public utility's users are entitled to equal protection of the law, and a utility service must be provided and administered in all respects fairly. reasonably. and free from discrimination. Williams v. City of Mount Dora. 452 So. 2d 1143 (Fla. 51h DCA 1984). A public utility can attach no conditions to its duty to provide services which are mlawful. improper, or personal to the user. By attempting to tenninate reclaimed water service to those users whose land is annexed into a municipal corporation, the CCWSD is attempting to attach a condition to its statutory duty to provide services. This condition is unlawful and personal to those users contemplating municipal annexation. The general rule is that a public utility, such as CCWSD. C8JUlot refuse to render service which it is authorized by its charter or by law to furnish, because of some collateral matter not related to that service. Edris v. Sebring Utilities Commission. 237 So. 2d 585 (Fla. tJd DCA 1970). In Edris. the court held that a municipal utilities commission could not require a trailer park community outside its municipal boundaries - a potential customer - to purchase electrical service from it as a condition precedent to obtaining water. This water / electricity tie-in was held to be unjustly discriminatory and invalid in Edris. In the instant case, the CCWSD is required by statutory law to provide and is currently providing water. sewer. and effluent water service to Pelican Bay. Unlike the trailer park in Edris. Pelican Bay is included within the territorial boundaries of the CCWSD. Nonetheless. CCWSD is impermissibly attempting to link the continued provision of a legally mandated service - effluent water - to continued inclusion of the land served within unincorporated Collier County. This is an attempt to link a legally mandated service with an unrelated collateral matter. Annexation is particularly unrelated to the continued provision of reclaimed water service, since the relevant boundary is that of the CCWSD (not unincorporated Collier County). Annexation alone (as explained above) will not change the relevant boundary. In effect, the BOCC is attempting to thwart or intimidate landowners to reject annexation by threatening to tenninate their effluent water supply (which the CCWSD is legally obligated to provide) if their property is annexed. This is a clear violation of the Edris bolding. A reclaimed water system was held to be an integrated part of a County's water system in PineUas County v. State of Florida.. 776 So. 2d 262 (Fla. 2001). In that case, the court held that an availability charge for Pinellas County's reclaimed water service was a valid ''user fee". rather than an invalid "tax". Payment of the availability charge provided unlimited access to reclaimed water for non-potable outdoor uses. the funds were used to improve the reclaimed water distribution lines extending to the individual properties. and even though only certain customers had access to the limited quantities of reclaimed water and paid a portion of the distribution line costs, the reclaimed water system was "an integrated part of the whole water service system". The County argued, among other points. that municipalities within the county, by consenting to the County's provision of water to them, thereby consented to the county's construction. operation, and maintenance of all lawful components of that system, including the reclaimed water component. The court stated that it did not need to reach this question. but stated that as a matter of public policy, the county's argument in this regard was "compelling" . "Environmentally sound programs are often the most costly components of essential local government service systems. . .absent a valid interlocal compact providing otherwise, where FOWLER WHITE BOGGS BANKER P.A. FORT MYERS' NAPLES' ORLANDO' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH - 9G Page 10 special laws require a county to provide water service to a municipality, that municipality should not be permitted to "cheny-pick" one system component and reject another component, especially where, as here, the Legislature has encouraged such component as part of an integrated water system. See generally §373.250, Fla. Stat. (1977) (providing that the 'encouragement and promotion of water conservation and reuse of reclaimed water. . .are state objectives considered to be in the public interest'') . . ." In the instant case, Collier County, by implementing Resolution 2004-03, is attempting to "cheny-pick" and tenninate one system component, reclaimed water, that has been recognized by the Florida Supreme Comt as an integrated component of an entire water utility system, such as the system by which water and wastewater service is delivered to Pelican Bay. Such cherry picking will not be permitted in the context of municipalities refusing to connect, or otherwise objecting to a reclaimed water system component. In the same vein, a court would also be likely to reject such "cherry-picking" of the reuse component by a county, particularly if viewed as an attempt by that county to thwart mWlicipal annexations. IV. ~ Collier County, via succession and dissolution of the PBID, stepped into the shoes of the PBID. It therefore has a duty to continue to provide the services for which the PBID was created. These services include water, sewer, and reclaimed water. By terminating an otherwise available supply of reclaimed water, merely on the basis of annexation, the County would render an integral component of the Pelican Bay water/sewer system inoperable (as the City is ClDTeIltly not in a position to provide reclaimed water service to Pelican Bay). Damages could include the cost differential in requiring the property owners to use potable water for irrigation Wltil such time as the City is in a position to provide reclaimed water (a scenario that would also likely be inconsistent with several state and regional policy mandates applicable to the CCWSD). Damages could also include damage to property owners' land which would be caused by termination of reclaimed water service for irrigation and the non-availability another source. In this reg~ the fact that the County would continue to provide wastewater service to Pelican Bay after annexation (most likely at a profit) will contribute to what the County characterizes as its "limited supply" of reclaimed water. It would be inequitable to pennit the County to supply wastewater service to Pelican Bay (which the applicable statutes mandate), thereby increasing the County's supply of reclaimed water, and to simultaneously pennit the County to divert that increased supply of reclaimed water to other distant users, denying Pelican Bay landowners the benefit of the increased supply of reclaimed water that they helped generate. The equities weigh strongly in favor of upholding the County's statutory obligation to continue to provide reclaimed water to Pelican Bay. IV. Conclusion In conclusion, the Collier CoWlty Water Sewer District ("CCWSD''), the current provider of potable water, wastewater service, and non-potable effluent water to Pelican Bay, has a continuing obligation to provide these services in the event Pelican Bay is annexed by the City of FOWLER WHITE BOGGS BANKER P.A. FORT MYERS' NAPLES· ORLANDO. ST. PETEltSBURG . TALLAHASSEE' TAMPA' WEST PALM BEACH -'.ß'."<'<e, --.~--- ---- - · 9G , Page 11 Naples. Until such time as the City of Naples and the CCWSD enter into a mutual agreement which revises the boundaries of the City of Naples' water and sewer service area to include Pelican Bay, the annexed area remains within the boundaries of the CCWSD. As a public utility, the CCWSD has a continuing obligation to provide all integrated water/sewer utility services, including reclaimed water service, to the property owners in Pelican Bay in a non-discriminatory fashion in accordance the U. S. Constitution, the Special Act governing the CCWSD, and the obligations transferred to the CCWSD by operation of law by virtue of Collier County's succeeding to the powers and duties of the fonner Pelican Bay Improvement District. Sincerely, FOWLER, WHITE, BOGGS, BANKER, P.A. Madeline Ebelini, Esquire FOWLER WHITE BOGGS BANKëR P.A. FORT MVERS . NAPLES' ORLANDO' ST. f'ETERSIURG . TALLAHASSEE. TAMPA. WEST PALM BEACH -'~ ___m____..__.__ 9H MEMORANDUM DATE: February 15, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-91 Enclosed please find a copy of the document, as referenced above (Agenda Items #9H) approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure -,....-.- ..,...._.....-.,..-.,~-~.~_......_,,~.~...,-""..-.~~...'-,~...--"~--,^""'"~"""""....",...."~-" .. ,.___"_e<.~~'"_""'""'"'"'_ ........_.... ,"_~, u --- 9H ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff tor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 9H Approved by the BCC Type of Document Resolution tðD5 -9 1 Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. ([nitial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, @ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip (\D should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2005-91 9H A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXTEND THE TERMS OF TWO MEMBERS ON THE LAND ACQUISITION ADVISORY COMMITIEE WHEREAS, on December 3, 2002, the Board of County Commissioners adopted Collier County Ordinance No. 2002-63 which created the Land Acquisition Advisory Committee; and WHEREAS, Ordinance No. 2002-63 provides that the Land Acquisition Advisory Committee shall consist of nine (9) members that are residents of Collier County which comprise a broad and balanced representation of interests, including environmental and conservation, agricultural and business, educational interests, and general civic and citizen interests; and WHEREAS, the terms of 2 members will expire on February 11, 2005, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, a memorandum from the Conservation Collier Program Coordinator was forwarded to the Board of County Commissioners for a recommendation to extend the terms of membership for 30 days. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the terms of Kathy Prosser and William Poteet are hereby extended for thirty (30) days, said term to expire on March 10, 2005, or until an official appointment can be made. This Resolution adopted after motion, second and majority vote. DATED: February 8, 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROÇK, Clerk COLLIER COUNTY, FLORIDA , ',' ~, , J I I, C By: ~W. ~ I" i _pjåÜ~ 'i¥~~'s FRED W. COYLE, Chalrma s r~t"""/~ll','/,: ::.:~ ")".. '", .J. .,' c"':' Appro\)a~~·s W:r.Rf61~~ and legal surtTðéncy: jl ~C~ David C. Weigel County Attorney Item # qH ~~~;da i..ß.. 05 ~:~d 1. ·IS,O$"" t 91 MEMORANDUM DATE: February 18, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-92 Enclosed please find a copy of the document, as referenced above (Agenda Items #91) approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240 Thank you, Enclosure . ~v ..__<.~e·__ _~.. .._,__..'-c.'"_·'.··..._···.··_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bec Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 91 Approved by the BCC Type of Document Resolution Z60~-42 Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the tinal ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! [: Forms/ eounty Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 .~^"..,,,.,, ....,'...,. .·.~W"'"_."_'" . 91 RESOLUTION NO. 2005-92 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY TO ESTABLISH THE COllIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL WHEREAS, Section 951.26, Florida Statutes, provides that a board of county commissioners shall establish, within its county, a county public safety coordinating council to facilitate dialog on issues relating to overcrowded jails, courthouse space requirements, intervention programs for probation, work release, gain time and substance abuse, and the necessary manpower to manage such facilities and programs; and WHEREAS, Collier County Sheriff Don Hunter, as well as Circuit Court Judge Hugh D. Hayes, have expressed to the Board of County Commissioners a need for such council to be established in Collier County; and WHEREAS, the Board of County Commissioners agrees that such council is beneficial to the community of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: 1. The Board hereby establishes the Collier County Public Safety Coordinating Council (hereinafter "the Council"). 2. The Council shall be composed of the following County representatives: a. The state attorney, or an assistant state attorney designated by the state attorney. . b. The public defender, or an assistant public defender designated by the public defender. iif' .' c. The chief circuit judge, or .another circuit judge designated by the chief circuit judge. d. The chief county jÙdge, or another county judge designated by the chief county judge. e. The chief correctional officer. f. The sheriff, or a member designated by the sheriff, if the sheriff is not the chief correctional officer. g. The state probation circuit administrator, or a member designated by the state probation circuit administrator, to be appointed to a 4-year term. h. The chairperson of the board of county commissioners, or another county commissioner as designee. i. If the county has such program available, the director of any county probation or pretrial intervention program, to be appointed to a 4-year term. _._-_._._-_._-------~. ---..~--_. ~- ~~-_......_-_. 91 ~ j. The director of a local substance abuse treatment program, or a member designated by the director, to be appointed to a 4-year term. k. Representatives from county and state jobs programs and other community groups who work with offenders and victims, appointed by the chairperson of the board of county commissioners to 4-year terms. All members shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. 3. The purpose of the Council shall be to: a. Assess the population status of all detention or correctional facilities owned or contracted by the County; b. formulate recommendations to ensure that the capacities of such facilities are not exceeded; c. assess the availability of pretrial intervention or probation programs, work-release programs, substance abuse programs, gain-time schedules, applicable bail bond schedules, and the confinement status of the inmates housed within each facility owned or contracted by the County; and d. comply with all provisions set forth in Section 951.26, Florida Statutes. 4. The Chairperson of the Board of County Commissioners or his or her designee shall serve as the Chairperson of the Council until a chairperson is elected at the first meeting of the Council. A vice chairperson shall also be elected from among the Council's membership and shall serve as the chairperson when the chairperson or his or her designee is not in attendance. Annually the Council shall elect a chairperson and vice chairperson at the first meeting of each year. 5. Meetings of the Council shall be scheduled by the Chairperson and shall be open to the public. Agendas shall be prepared for each meeting and minutes of each meeting shall be taken. All minutes, documents and records of the meetings shall be maintained by the Clerk to the Board Minutes and Records Department. 6. Attendance is essential in developing a well-balanced comprehensive safety plan for Collier County. Any designated Collier County official who is unable to attend shall designate a representative to attend any or all meetings of the Council. All designees shall be identified and listed with the Executive Manager of the Board of County Commissioners and the liaison of the Council. 2 '. 91 This Resolution adopted after motion, second and majority vote. DATED: February 8/ 2005 ATTEST: . ¡C,~( " BOARD OF COUNTY COMMISSIONERS DWI~J;T E. BROCKçClerk COLLIER COUNTY, FLORIDA .::V ~'"'~, ;,1 .~ ~, . ~.: '" , ~ : . \.. t ..., · · · '1uLw. ~ · ~ ~ ..~ "'. By: FRED W. COYlE, Chair n Approved as to form and legal sufficiency: V~þ/~ Michael W. Pettit Chief Assistant County Attorney Item # q:r: Agenda .2.... B ,05 Date Date 1- \ 8 .. () 5 Re 'd 3 to lOA MEMORANDUM Date: February 10, 2005 To: John Y onkosky, Director Utility Billing & Customer Service From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Franchise Agreement between Collier County & Waste Management Inc., of Florida Enclosed please find one (1) original document, as referenced above, Agenda Item #10A, approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, please call me at 774-8411. Thank you. Enclosure(s) ~,-...~.-_., .--- lOA .' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routin order) 2. 3. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff John Y onkosky Phone Number 403-2350 Contact Agenda Date Item was 2/8/05 Agenda Item Number lOA Approved by the BCC Type of Document Franchise Agreement between Collier Number of Original 2 Attached County & Waste Management Inc., of Documents Attached Florida INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Ini tial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Formsl County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04 -_._-"-,_.._--,..-.,~-" "--,..--"",-.""",,,,,,,...,. lOA FRANCHISE AGREEMENT BETWEEN COlliER COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COllECTION SERVICES ---_..__._."-~_.----.-_._._,..-..-._-----,---"'- " ~""""---"';"'-" IDA ., . ~ Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services TABLE OF CONTENTS 1 Definitions.. ..................................................................................................................... 2 2 Exclusive Franchise and Term...................................................................................... 10 2.1 Exclusive Franchise Granted............................................................................. 10 2.2 Term of Franchise Agreement........................................................................... 10 2.3 Renewal Option................................................................................................. 10 2.4 Termination of Collection Service Under Existing Agreement ............................11 3 Agreement Documents.................................................................................................. 11 3.1 Agreement Documents...................................................................................... 11 3.2 Conflicts Between Agreement Documents ... ........... ..... ............ ..... ..... ..... ..... ......11 4 Service District.............................................................................................................. 11 5 General Provisions........................................................................................................ 11 5.1 County Vision, Mission, and Value Statements.................................................. 11 5.2 General Description of Collection Services........................................................ 11 5.3 Transition Prior to Commencement Date.............................................. ............. 12 5.4 Transition Prior to Expiration of this Agreement ................................................. 13 5.5 Hours and Days of Collection Service................................................................ 14 5.6 Routes and Schedules....................................................................................... 14 5.7 Changes to Routes and Schedules.................................................................... 14 5.8 Addition of New Customers to Customer List..................................................... 15 5.9 Holidays............................................................................................................. 15 5.10 General Collection Procedures.......................................................................... 15 5.11 Mixing Loads of Materials.................................................................................. 15 5.12 Non-Collection Procedures................................................................................ 16 5.13 Missed Collection Procedures............................................................................ 17 5.14 Protection of Private and Public Property........................................................... 17 5.15 Access to Streets and Collection Containers..................................................... 18 5.16 Designated Sites............................................. ................................................... 18 ii of vii -.--- .._~" -"- ._~.- lOA 5.17 Spillage and Litter... ....................................... ..... ............................................... 19 5.18 Exempt Materials............... ....................... ............................... ..... .......... ...... ..... 19 5.19 Safety Program...... ................................................. ........................... ................20 5.20 Collection Plan....... ....................... ................ .......................... ...........................21 5.21 Ownership of Solid Waste and Program Recyclables ........................................21 5.22 Compaction of Program Recyclables ................................................................. 21 5.23 Sale of Program Recyclables............................................................................. 22 5.24 Disposal of Recyclable Materials....................................................................... 22 6 Set Out Procedures................................................. .......... ..................................... .......23 6.1 Residential Customers....................................................................................... 23 6.2 Commercial Customers.. ........... ........................................................................ 23 6.3 Residential and Commercial Customers............................................................ 23 7 Residential Collection Service.................................... ..... ..............................................24 7.1 Basic Collection Service and Collection F req uency ........................................... 24 7.2 Supplemental Collection Services...................................................................... 25 8 Multi-Family Collection Service.............................................. ......... ..... ..........................26 9 Commercial Collection Service.................. ........................... .........................................26 9.1 Basic Collection Service and Collection Frequency........................................... 26 9.2 Supplemental Collection Services ...... ..... ..... ................. ..... ..... ..... ..... ........... ......27 9.3 Commercial Recycling Services... ...... ..... ..... ................. .......... .... ...... ..... ............ 27 9.4 Contract for Collection Service....................................................... ....................27 9.5 Termination of Commercial Collection Service................................................... 28 10 Collection Containers.................... ..................................... ...........................................29 10.1 Provision of Containers...................................................................... .......... ......29 10.1.1 Curbside Containers... ........................................................................... 29 10.1.2 Recycling Carts.... ....................... ........................... .......... ......................29 10.1.3 Commercial Containers............... ..... ..... ..... ..... ...................... ..... ..... .......30 10.2 Ownership of Containers................................................................................... 30 10.3 Technical Specifications for Containers. ..... ..... ..... ..... ............ ..... ..... ..... ..... ........30 10.4 Delivery of Containers........................................ .......................................... ......32 10.5 Maintenance of Containers............................... .......................... ................ .......32 10.6 Repair and Replacement of Containers ..... ........... ..... ......... ..... .......................... 33 10.7 Storage of Recycling Bins................................ .......................... ..... ...................33 11 Vehicles and Equipment.................................... ............................................................ 33 11.1 General Provisions........................................................................ ....................33 iii of vii .~."~ ..,---,~,- -~.- ---_..~,----_.-""- lOA 11.2 Ancillary Equipment ........... ........................... ......................................... ............34 11.3 Reserve Vehicles and Equipment ................ ..... ..... ..... ..... ..... ................. ...... ...... 35 11.4 Maintenance and Condition............................................................................... 35 11.5 Identification ...................................................................................................... 35 11.6 Compliance with the Law........... ........................................................................ 36 11.7 County's Right to Inspect Vehicles..................................................................... 36 11.8 Storage and Repair............................................................................................ 36 12 Employees and Supervisors.... ...................................................................................... 36 12.1 District Manager...................................................................................... ...........36 12.2 Field Supervisor................................................................................................. 37 12.3 Employee Conduct........................................... .................................................37 12.4 Employee Appearance and Identification........................................................... 37 12.5 Removal of Employees.. ..... ...... ..... ...... ...... ..... ..... ..... ..... ..... ..... ................. .........37 12.6 Employee Training and Licenses....................................................................... 37 13 Local Office......................... .......................................................................................... 37 14 Handling of Complaints ................................................................................................. 38 15 Customer Dispute Resolution........................................................................................ 39 16 Record Keeping and Reporting .. ....... ..... ...... ..... ..... ..... ...... ..... ..... ............ ..... ..... ...... ......39 16.1 Record Keeping...................................................................................... ...........39 16.1.1 Equipment Maintenance Log.................................................................. 39 16.1.2 Non-Collection Notice Log........................................................ ............. 39 16.1.3 Legitimate Complaint Log .. ...... ..... ..... ...... ..... ..... ..... ...... ...... ..... ..... .........39 16.1.4 Program Recyclables Log...................................................................... 40 16.1.5 White Goods Log..................................................................... ..............40 16.1.6 Tire Collection Log.................. ............................................................... 40 16.1.7 Bulk Waste Log...................................................................................... 40 16.1.8 Electronic Equipment Log ......................................................................40 16.2 Monthly Report.................................................................................................. 40 16.3 Annual Report............ ........................................................................................ 42 16.4 Other Reports, Documents and Notifications .....................................................42 16.4.1 Residential Recycling Participation Report........................................... ..42 16.4.2 Updates to Safety Plan.......................................................................... 42 16.4.3 Accidents and Property Damage............. ..... ..... .... ....................... ..... ..... 43 16.5 General Record Keeping and Reporting Requirements .....................................43 17 Education I Promotion and Public Awareness................................................................44 iv of vii .' ---_._._"....~ .~.~-_.,.".,._-- ,-, IDA 17.1 Participation in County Activities.............................................. .......... ................44 17.2 Usage of County Themes and Logos.................................................................44 17.3 Distribution of Information with Recycling Containers..................................... ...44 17.4 Distribution of I nformation to Commercial Customers........................................44 17.5 Production and Distribution of Promotional and Educational Material ................44 17.6 Public Notices Concerning Changes in Collection Services ...............................45 18 Changes to Services ............................................................................ .........................45 18.1 Addition or Deletion of Recyclable Materials......................................................45 18.2 Recycling Facility in Collier County....................................................................45 18.3 Provision of Service Upon Termination.............................................................. 46 18.4 Collection and Processing of Commercial Organics.. .................................. .... ...46 19 Additional Services........................................................................................................ 47 19.1 Commercial Waste Reduction............................................................................ 47 19.2 Community Service............................. ............................................................... 47 19.3 Pilot Studies....................................................................................................... 48 19.4 Electronic Equipment... ...................................................................................... 48 20 Emergency Situations and Disaster Debris.................................................................... 49 20.1 Use of Contractor Services................................................................................ 49 20.2 Variance in Routes and Schedules ............ ...... ..... ..... ...... ...... ..... ..... .... ........... ... 49 20.3 Contingency Plan....... ........................................................................................ 49 20.4 Emergency Management/Disaster Meetings.................... .................................. 50 21 Insurance................................................................................... ...................................50 21.1. Requirements for Insurance Carriers. ................. ..... ...... ..... ...... .... ..... ..... ...... ..... 50 21.2 Workers Compensation Insurance..................................................................... 50 21.3 Commercial General Liability............................................................................. 50 21.4 Automobile Liability............................ ................................................................ 50 21.5 Umbrella Liability............................................................................................... 50 21.6 Hazardous Waste Insurance...................... ............................................ ............ 51 21.6.1 Contractor's Pollution Liability................................................................ 51 21.6.2 Asbestos Liability................................................................................... 51 21.6.3 Hazardous Waste Disposal.... ................. ...... ..... ..... ...... ..... ..... .... ........... 51 21.6.4 Hazardous Waste Transportation...... ..... ..... ...... ..... ..... ..... ............ ..... .....51 21.6.5 Certificates of Insurance.............................................. ..... .....................51 21.7 General Insurance Requirements ..... ..... ..... ................. ..... ...... ......... ..... ..... ........ 51 22 Performance Bond............................................. ..... ..................................... ................. 52 v of vii _·"_,__C_ _""".~",,"_"~""b ,. m.",__~"_'__' . --,~_... " ".---. . -.." lOA 23 Assignment and Subletting.......... .............. .................................................................... 53 24 Transfer of Ownership..................... .............................................................................. 53 25 Payment for Services and Administrative Fees.......... ...................................................54 25.1 Prohibitions on Payments.................................................................................. 54 25.2 County's Obligation to Pay for Residential Collection Service............................ 54 25.3 Procedure for Payment of Residential Service...................................................54 25.4 Adding New Residential Customers.. ...... ..... ...... ..... ...... ...... ..... ..... ..... ..... ...........54 25.5 Removing Residential Customers...................................................................... 54 25.6 Overpayments and Underpayments for Residential Service.............................. 55 25.7 Payments for Commercial Service ... .......... ...... ..... ...... ...... ..... ..... ................. ......55 25.8 County Billings for Commercial Service ..... ..... ...... ...... ...... ..... ..... ...... ..... ..... .......55 25.9 Administrative Fees........................................................................................... 55 26 Rates . . .. . . . . .. . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . .. . . .. . . . . . .. . . . .. . . . . . . . . . .. . . . .. . . . . .. . . . .. . . . . . . . . .. . . . .. . . . . .. . . . . 56 26.1 Standard Rates..................................... ........... .................................................. 56 26.2 Special Rates for Emergency Situations and Disaster Debris ............................56 27 Rate Adjustment............................................................................................................ 57 27.1 Annual CPI Adjustments to Collection Rates .....................................................57 27.2 Adjustments to Commercial Disposal Rates...................................................... 57 27.3 Changes Imposed by Law........ ..... ..... ..... ...... ..... ...... ...... ..... ..... ..... ................. ... 58 27.4 Extraordinary Rate Adjustment.......................................................................... 58 27.5 Rate Red uctions ............ .... . ..... ..... ..... ........... ..... ...... . ..... ..... . .... . ........... ..... ..... .... 59 28 Liquidated Damages..................................................................................................... 59 28.1 Basis for Liquidated Damages........................................................................... 59 28.2 Procedure for Assessing Liquidated Damages ..................................................61 29 Events of Termination.......................... ......................................................................... 62 29.1 Failure to Fulfill Obligations of Agreement..... ............................ ..... ..... ..... .... ...... 62 29.2 Insolvency of Contractor.................................................................................... 63 29.3 Repeat Violations of Agreement........................................................................ 63 30 Dispute Resolution Process................ ..... .......... ................................................. ..... .....63 31 Operations During a Dispute.................... ........................................................... ..........65 32 Waiver .......................................................................................................................... 65 33 Notices and Communications to Director and District Manager ....................................65 34 Permits and License............................................................ ............... ...........................66 35 Compliance with Laws and Regulations .. ..... ..... ..... ..... ..... ....................... .... ..... ..... ..... ... 66 36 Equal Opportunity Employment ..................................................................................... 66 vi of vii ,-- ..,,-,._~ ~ ,o""">'''m''_''''M _"'·"·'<'",,'_m·'-' ----~-,..-....- ."--~._*-,--'<>~--- lOA I 37 Indemnification and Hold Harmless.. ............................................................................. 66 38 Employee Status.............................. ...................................... .......................................67 39 Severability................................. ..... ................................................. ............................. 67 40 Force Majeure............................................................................................................... 67 40.1 Inability to Perform............................................................................................. 67 40.2 Events of Force Majeure............................................................................ ........68 40.3 Written Notification............................................................................................. 68 41 Governing Law and Venue.. ..... ..... ...... ..... ..... ..... ...... ..... ....................... .... ..... ..... ........... 68 42 Modification to the Agreement....................................................................................... 68 42.1 County Power to Modify................................................................................. ....68 42.2 Changes in Law........................................................................................ .........69 43 Independent Contractor................................................................................................. 69 44 All Prior Agreements Superseded ..... ...... ...... ..... ........... ............ ..... ..... ..... .... ............ ..... 69 45 Headings....................................................................................................................... 69 46 Survivability.......................................................... .........................................................69 47 Fair Dealing................................................................................................................... 69 48 Sovereign Immunity....................................................................................................... 70 49 Construction of Agreement.................................................................................. ..........70 50 Terms Generally............................................................................................................ 70 51 Remedies Not Exclusive............................ .................................................................... 70 Exhibit I(A) Rates for Residential and Commercial Collection Service Exhibit I(B) Rates for Supplemental Residential and Commercial Collection Service Exhibit II Procedure for Calculating Adjustments to Residential and Commercial Rates Exhibit III(A) Service Area Legal Description - Service District I Exhibit III(B) Service Area Legal Description - Service District II Exhibit IV Map of Service Districts I and II Exhibit V(A) Performance Bond for Franchise Agreement Exhibit V(B) Procedure for Calculating Performance Bond Requirement Exhibit VI Materials Acceptance Protocol Exhibit VII Monthly Residential Collection Tonnage Exhibit VIII Collier County Vision, Mission, and Values vii of vii - ..--..~_.- _...-_.~. >~~..._~---'-"~.., -. lOA Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services This Franchise Agreement ("Agreement") for Solid Waste, Recyclable Materials, and Yard Trash Collection Services is made and entered into this fi..¡.-(¡ day of F£t3¡2ull,¿ '1 ' 2005, by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and Waste Management Inc. of Florida (hereinafter referred to as the "Contractor"). WIT N E SSE T H: WHEREAS, Sections 125.01 (1) and Chapter 403, Florida Statutes, grant the Board of County Commissioners of Collier County (the "Board") the authority to regulate Solid Waste Collection and disposal services in the County; and WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a comprehensive recycling program; and WHEREAS, the Contractor has sufficient resources to provide the Collection Services sought by the County; and WHEREAS, the Contractor currently provides satisfactory Collection Services for the County pursuant to another agreement; and WHEREAS, the County desires to use the Contractor's services and the Contractor desires to provide Collection Services, subject to the terms and conditions contained in this Agreement; and WHEREAS, the Board finds that granting an exclusive franchise for Collection Services is in the public interest, and protects the public health, safety, and general welfare of those to be served by the Contractor, and that the Contractor should be granted an exclusive franchise for the Collection Services required by this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the County and the Contractor mutually undertake, promise and agree for themselves, their successors and assigns that they shall be bound by and shall strictly comply with the following provisions of this Agreement: 1 of 71 .~_.. "--~.. . ,--, ..-- - ._~-. . -..,.----.--"" lOA 1 Definitions For the purposes of this Agreement, the definitions contained in this Section 1 shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Section 1, the definition of such word or phrase in the Code of Laws and Ordinances of Collier County, Florida, shall apply. 1.1 Agreement: this Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services. 1.2 Agreement Year: twelve (12) consecutive months, beginning on the Commencement Date (October 1, 2005), and every twelve (12) months thereafter for the term of this Agreement. 1.3 Applicable Law: any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the County or Contractor under this Agreement. 1.4 Audited Financial Statement: a collection of the following as they are defined by the American Institute of Certified Public Accountants: accountants' report (opinion), balance sheet, profit/loss statement, changes in financial position/cash flow statement, notes to the financial statement, accountants' report on supplemental information, and supplemental information. 1.5 Back Door Service: the Collection of Solid Waste or Recyclable Materials on a Residential Customer's property at a location that is not Curbside. 1.6 Biological Waste: those wastes that cause or have the capability of causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. This term does not include human remains that are disposed of by Persons licensed under Chapter 470, Florida Statutes. 1.7 Biomedical Waste: any solid or liquid waste which may present a threat of infection to humans, including non-liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included: (a) used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; (b) absorbent materials saturated with blood or blood products that have dried; and (c) non-absorbent, disposable devices that have been contaminated with blood, or body fluids or secretions or excretions visibly contaminated with blood, if the devices have not been treated by an approved method. 1.8 Board: the Board of County Commissioners of Collier County, Florida. 1.9 Bulk Waste: any large discarded household item that cannot be placed in a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders, and carpet. Bulk Waste does not include White Goods, Electronic Equipment, or Extraordinary Waste. 2 of 71 -------'.'.. -,,- ,--_... --- _._",_.~-,.,.~".~.". ._"-~' ",. -"'-¥~"-'-'." ".--.-"~.'" lOA 1.10 Certificate of Occupancy: a document issued by the County certifying that a newly constructed building has been constructed in compliance with County specifications and is suitable for use. 1.11 Collection: the process of picking up, transporting, and dropping off Residential Waste and Commercial Waste at the Designated Sites; or the process of picking up, transporting, and dropping off Exempt Materials at a licensed disposal site or Recycling Facility. 1.12 Collection Containers: Curbside Containers, Commercial Containers, Recycling Bins, Recycling Carts, and/or Commercial Recycling Containers. 1.13 Collection Plan: the document prepared by the Contractor and submitted to the Director that describes how the Contractor will provide Collection Service in accordance with the provisions of this Agreement. 1.14 Collection Service: Residential Collection Service and/or Commercial Collection Service. 1.15 Commencement Date: October 1, 2005, which is the date when the Contractor shall begin providing Residential Collection Service and Commercial Collection Service pursuant to the requirements of this Agreement. 1.16 Commercial Collection Service: (a) the Collection of Commercial Waste from Commercial Customers; (b) the Collection of Commercial Recyclables, if the Contractor has a contract with the Commercial Customer for such service; and (c) the Collection of Residential Waste from a Person that occupies a Multi-Family Residence, uses a Commercial Container, and does not receive Collection Service at Curbside. 1.17 Commercial Container: a dumpster, roll-off container, compactor, or other container, except a Roll Cart, that is approved by the Director for the Collection of Solid Waste or Recyclable Materials from Commercial Customers. 1.18 Commercial Customer: Any Person that uses the Contractor's services for the Collection of Commercial Waste. 1.19 Commercial Lawn Care Service: a Person that provides lawn and garden maintenance services for remuneration. This definition includes landscapers. 1.20 Commercial Organics: Organic Waste that is segregated from Commercial Waste for recycling or other beneficial uses. 1.21 Commercial Real Property: real property located in Service District I that is not classified as Residential Real Property. Commercial Real Property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not -for-profit organizations. Commercial Real Property shall not include commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as Improved Real Property, shall be deemed Commercial Real Property. 1.22 Commercial Recyclables: Recyclable Materials generated by Commercial Customers. 3 of 71 -~.~_.~ .,~..,,~..."-.' - ,__...w.._····_·····_,",········_···· ..,--.-. ..-'.~ lOA I 1 1.23 Commercial Recycling Container: a dumpster, roll-off container, compactor, or other container, approved by the Director for the Collection of Recyclable Materials from Commercial Customers. 1.24 Commercial Supplemental Collection Services: services that are provided by the Contractor to Commercial Customers, but are not included in the Rate for Commercial Collection Service. 1.25 Commercial Waste: Garbage and Rubbish generated upon Commercial Real Property or Industrial Real Property. Commercial Waste includes Commercial Recyclables collected from a Customer that has a contract with Contractor for the Collection of such materials. 1.26 Commercial Yard Trash: Yard Trash generated upon a Commercial Customer's Commercial Real Property or Industrial Real Property. Yard Trash collected by a Commercial Lawn Care Service is not Commercial Yard Trash. 1.27 Construction and Demolition (C&D) Debris: discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, resulting from the construction, destruction, or renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project. 1.28 Contingency Plan: the Contractor's plan for avoiding an interruption in Collection Service in the event that an emergency or other situation renders the Contractor's operations yard or equipment unusable. 1.29 Contractor: Waste Management Inc. of Florida. 1.30 County: depending on the context, either the unincorporated areas of Collier County, Florida, or the Collier County government, including its officers, agents and employees. 1.31 Curbside: a location within three (3) feet of the curb, pavement, or edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location adjacent to the Customer's driveway, as close as possible to the nearest roadway. 1.32 Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two handles on the sides, and with or without wheels; (b) Roll Carts; and (c) a plastic bag sufficient in strength for handling by the Contractor, provided the bag is closed and unbroken at the time of Collection. 1.33 Customer: any Person that uses the Contractor's Collection Service under this Agreement. A Customer shall be a Commercial Customer or Residential Customer. 1.34 Customer Base: the number of Residential Customers and/or Commercial Customers used in an Agreement Year to establish Rates, charges, or fees under this Agreement. 1.35 Customer List: a list compiled by the County of the Residential Customers that are entitled to Residential Collection Service from the Contractor. 1.36 Day: a calendar day, except Sundays and Holidays. 1.37 Department: the County department to which the Manager assigns the responsibility of administering this Agreement. 4 of 71 -.- ~'w.'__~, --~ -.....-,,--..,--.-...' _. ---- IDA 1.38 Designated Site(s): any real property or facility designated by the Manager for the receipt, disposal or processing of Residential Waste, Commercial Waste, Recyclable Materials, or other materials. 1.39 Director: the Director of the County's Department or the Director's designee. 1.40 Disaster Debris: debris that is produced or generated by declared, natural or manmade disasters, and is placed Curbside by Residential Customers, including but not limited to Yard Trash, Construction and Demolition Debris, Bulk Waste, and White Goods. 1.41 Disaster Debris Contract: the contract entered into by the County and a contractor to provide for the removal, hauling, disposal, and recycling of Disaster Debris. 1.42 District Manager: the Person designated by the Contractor to be the Contractor's official representative regarding matters pertaining to this Agreement. 1.43 Dwelling Unit: a room or rooms constituting a separate, independent establishment with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and physically separated from any other rooms or Dwelling Units which may be in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit. 1.44 Effective Date: the date when this Agreement is signed and duly executed by the Board or its designee, which shall occur after the Agreement is signed and duly executed by the Contractor. 1.45 Electronic Equipment: electronic devices that have been discarded, including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers, scanners, fax machines, and telephones. 1.46 Exempt Materials: materials that are exempt from the Contractor's exclusive franchise under this Agreement. 1.47 Extraordinary Wastes: wastes that require extraordinary management, including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous Waste. 1.48 Fair Market Value: the price for which an item would sell on the open market if put up for sale, based on comparable sales of similar items. 1.49 Franchise Agreement: the written authority granted by the Board to provide Collection Services in unincorporated Collier County and the incorporated areas of the City of Marco Island. 1.50 Garbage: all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. 1.51 Hazardous Waste: Solid Waste, or a combination of Solid Wastes, which because of its quantity, concentration, chemical or physical characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, treated, or otherwise managed. Hazardous Waste includes any 5 of 71 "",_.,._.._.<~_."...,., '~"""'~""'_~'_"4""'_;_ . ..- .--.-" ..-- ....._.~- lOA material or substance identified as a hazardous waste or hazardous substance in the Florida Administrative Code, Florida Statutes, or other Applicable Law. 1.52 Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other holiday approved by the Director. 1.53 Improved Real Property: any cleared, graded or drained real property upon which a building or structure is erected and occupied or capable of being occupied (Le., a County Certificate of Occupancy has been issued) for residential, commercial, institutional or industrial use. Improved Real Property includes but is not limited to recreational vehicle park lots contained within parks designated as mobile home parks by the County Health Department. 1.54 Industrial Real Property: real property, not classified as Residential Real Property, where a Person is engaged in manufacturing, or processing raw materials, or altering or modifying a product for the purpose of producing a usable or finished product, and such Person generates Solid Waste as a by-product of their activities. 1.55 Land Clearing Debris: the uprooted trees, bushes, vegetation, and other abandoned materials resulting from a land clearing operation. 1.56 Legitimate Complaint: any complaint where the Director determines that the applicable requirements of this Agreement concerning the Set Out and Collection of Solid Waste, Program Recyclables, or Yard Trash were satisfied by the Customer, but not the Contractor. 1.57 Load: any material, including but not limited to Solid Waste and Program Recyclables, that is collected in Contractor's vehicle or transported from one location to another by Contractor's vehicle. 1.58 Manager: the County Manager of Collier County, Florida, or the Manager's designee. 1.59 Materials Acceptance Protocol (MAP): the documents identifying the Program Recyclables to be collected and transported under this Agreement, as well as standards that govern the Set Out and Collection of Program Recyclables. The MAP is contained in Exhibit VI. 1.60 Materials Recovery Facility (MRF): a Solid Waste management facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. 1.61 Missed Collection: any occasion when the Contractor does not provide Collection Service to a Customer in accordance with the provisions of this Agreement. 1.62 Multi-Family Residence: a group of three or more Dwelling Units within a single building, attached side-by-side or one above another, wherein each Dwelling Unit is individually owned or leased on land which is under common or single ownership. 1.63 Non-Collection Notice: a durable tag or sticker placed on a container or material that has not been Set Out for Collection by a Customer in accordance with the requirements of this Agreement. 1.64 Non-Conforming Material: any material that is Set Out for Collection in a Recycling Container, but is not a Recyclable Material. 1.65 Non-Program Recyclables: Recyclable Materials that are not Program Recyclables, but are segregated from other materials in the Waste Stream. 6 of 71 ..~ ...'""--~- " _"~'.."~"'~~"'~'~<'_' _"_"_'U'~'''~_ ,,,,,._.~._-~,,,~~~.-- ~-- '-.._~--. lOA 1.66 Ordinance(s): the Code of Laws and Ordinances of Collier County, Florida. 1.67 Organic Waste: Garbage other similar putrescible Solid Waste, including source separated food waste and food-soiled paper. Organic Waste does not include Yard Trash. 1.68 OSHA: the Occupational Safety and Health Act, as amended, and all implementing regulations. 1.69 Peñormance Bond: the bond provided by the Contractor to the County to secure the Contractor's performance under this Agreement. 1.70 Person: any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. 1.71 Premises: Improved Real Property. 1.72 Private Hauler: any Person engaged in the business of collecting and transporting Commercial Recyclables. 1.73 Program Recyclables: Recyclable Materials that have been designated by the Board for Collection from Residential and/or Commercial Customers, and are segregated from other materials in the Waste Stream. 1.74 Radioactive Waste: any equipment or materials that are radioactive or have radioactive contamination, and are required by law to be stored, treated, or disposed of as radioactive waste. 1.75 Rates: Board-approved amounts to be charged for Residential Collection Service, Residential Supplemental Collection Service, Commercial Collection Service, and Commercial Supplemental Collection Service. 1.76 Recovered Material: metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Waste Stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Recovered Material does not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber). 1.77 Recovered Materials Processing Facility (RMPF): a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. 1.78 Recyclable Materials: materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. This term encompasses Program Recyclables and Non-Program Recyclables. 1.79 Recycling Bin: eighteen (18) gallon green bins, hot-stamped or stenciled with information approved by the Director, and used for the Collection of Program Recyclables from Residential Customers. 7 of 71 ._-----."~- --.-.'..~'~. ~"...~-_... lOA 1.80 Recycling Cart: a heavy-duty plastic container that is mounted on two wheels, complies with the specifications in Section 10.3 herein, and is used for the Collection of Recyclable Materials. 1.81 Recycling Container: any container approved by the Director for the Collection of Program Recyclables, including but not limited to Recycling Bins, Recycling Carts and Commercial Recycling Containers. 1.82 Recycling Facility: any facility that recycles discarded materials, including, but not limited to any MRF, RMPF, buy-back center, drop-off center (permanent or mobile), and Recyclable Materials processing facility. 1.83 Recycling Program: all aspects of the County's program for the Collection, transportation, processing, marketing and handling of Recyclable Materials, including educational activities, technical projects, compliance monitoring, and enforcement. 1.84 Rejects: non-Recyclable Materials, other than Residue, that are collected by the Contractor with Recyclable Materials. 1.85 Residential Collection Service: the Collection of Residential Waste from Residential Customers. 1.86 Residential Customer: a Person who occupies Residential Real Property located within the Contractor's Service District. Residential Customers include those Customers that occupy a Multi-Family Residence and receive Commercial Collection Service. 1.87 Residential Program Recyclables: Program Recyclables generated by Residential Customers. 1.88 Residential Real Property: Improved Real Property that is located in Service District I and used for residential purposes, including, but not limited to: single family residences; duplex apartments; apartment buildings; recreational vehicle lots contained within mobile home parks; recreational vehicles; mobile homes; condominium units; cooperatives established pursuant to Chapter 719, Florida Statutes; time-share apartments; leased residential Premises of the classes described above, whether occupied or not; and Premises occupied as a residence located in or upon commercially zoned real property; provided, however, that where property is used exclusively as a recreational vehicle park, as defined in Section 513.01 (10), Florida Statutes, such property shall be deemed Commercial Real Property. 1.89 Residential Supplemental Collection Services: any service provided to a Residential Customer by the Contractor that is not included in the Residential Collection Service funded by the County's Special Assessment and provided to all Residential Customers pursuant to Section 7.1 of this Agreement. 1.90 Residential Waste: Garbage, Rubbish, Yard Trash, Program Recyclables, Bulk Waste, and White Goods generated by a Residential Customer upon the Customer's Residential Real Property. 1.91 Residential Yard Trash: Yard Trash that is generated upon a Residential Customer's Residential Real Property. Yard Trash collected by a Commercial Lawn Care Service is not Residential Yard Trash. 1.92 Residue: the portion of the Recyclable Materials accepted at a Recycling Facility that is not converted to Recovered Materials due to spoilage, breakage, 8 of 71 .,..- "...,.~,._,,~,-,~.". ..,.....--..,- . -.-..-." '-"'-"'---'"-"'--' ---~- lOA contamination, or transportation or processing inefficiencies. Residue does not include Rejects. 1.93 Roll Cart: a heavy-duty plastic container that is mounted on two wheels, complies with the specifications in Section 10.3 herein, and is used for the Collection of Garbage and Rubbish. 1.94 Rubbish: waste materials, other than Garbage, resulting from normal housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish includes but is not limited to discarded trash, paper, plastic, bottles, cans and similar materials. 1.95 Service Area: the combined areas of Service Districts I and II. 1.96 Service District I: the unincorporated area of the County to be served by the Contractor pursuant to this Agreement, plus the incorporated areas of the City of Marco Island. Service District I encompasses the area that is described in Exhibit I II (A) and depicted in Exhibit IV. 1.97 Service District II: the unincorporated area of the County that will receive Solid Waste Collection Service from a Person other than the Contractor. Service District II is described in Exhibit III(B) and depicted in Exhibit IV. 1.98 Set Out: the proper preparation and placement of Solid Waste and Program Recyclables for Collection at a Customer's Premises, in accordance with the requirements in this Agreement and the County's Ordinances. 1.99 Sludge: the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease tra ps, privies, or similar waste disposal appurtenances. 1.100 Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste includes but is not limited to Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris, Commercial Waste, Disaster Debris, Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Organic Waste, Radioactive Waste, Recyclable Materials (until they are recycled), Rejects, Residential Waste, Residue, Rubbish, Special Waste, Tires, White Goods and Yard Trash. 1.101 Special Assessment: the non-ad valorem assessment that is levied upon certain real property in unincorporated Collier County and used to provide funding for the County's Solid Waste management program. 1.102 Special Waste: Solid Waste that can require special handling and management, including, but not limited to, White Goods, Tires, used oil, lead-acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, Biological Waste, Hazardous Waste, and Biomedical Waste. 1.103 Supplemental Collection Service: Residential Supplemental Collection Service and Commercial Supplemental Collection Service. 9 of 71 ~ . ___H ,_,,',._~,___~ .~~..<.^ _~O>_ lOA 1.104 Tipping Fee: the fee charged for the disposal or processing of Solid Waste or Recyclable Materials at a Designated Site. 1.105 Tires: discarded automotive tires, including rims, but excluding tires that exceed 25 inches in diameter. 1.106 Transition Period: the period of time between the Effective Date and the Commencement Date. 1.107 Transition Plan: a document describing in detail the activities that will be undertaken and the schedule that will be followed to successfully implement the Contractor's Collection Service under this Agreement on the Commencement Date. 1.108 Unintentional Damage: damage caused to containers by an act unlikely, in normal circumstances, to result in said damage. Unintentional Damage includes but is not limited to cases where the wheels of a container fall off or break when the container is handled in the same manner as other containers of the same type. 1.109 Waste Stream: Garbage, Rubbish, Recyclable Materials, Yard Trash, Construction and Demolition Debris, and other types of Solid Waste. 1.110 White Goods: large discarded appliances, including but not limited to, refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave ovens, and air conditioners. 1.111 Yard Trash: vegetative matter resulting from landscaping maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches and stumps. However, such items shall not be considered Yard Trash if they are collected by a Commercial Lawn Care Service. 2 Exclusive Franchise and Term 2.1 Exclusive Franchise Granted Subject to the conditions and limitations contained in this Agreement, the Contractor is hereby granted an exclusive franchise to provide Residential Collection Service and Commercial Collection Service within Service District I. No other services shall be exclusive to the Contractor under this Agreement. Among other things, the Contractor's franchise does not include Collection of the Exempt Materials identified in Section 5.18 of this Agreement. 2.2 Term of Franchise Aqreement This Agreement shall take effect and be binding upon the parties from the Effective Date until terminated. The Contractor's Collection Service under this Agreement shall commence on October 1, 2005, which is the Commencement Date. The term of this Agreement shall be eight (8) years, beginning on the Commencement Date and ending at 11 :59 pm on September 30, 2013, unless this Agreement is terminated earlier or extended. 2.3 Renewal Option This Agreement may be renewed by the County for two (2) additional terms of seven (7) years each, unless the Contractor gives written notice to the Manager that the Contractor is not willing to renew this Agreement and such notice is delivered at least two (2) years before the expiration of the then current term of this Agreement. 10 of 71 ."~-_.,~,~ -~--"-"',-, ......~ ..- lOA 2.4 Termination of Collection Service Under Existinq Aqreement The Contractor currently provides services to the County pursuant to a Solid Waste Collection Service Agreement ("Existing Agreement") dated June 12, 1990, as amended. The Existing Agreement provides that it shall terminate on September 30, 2006. Notwithstanding the provisions in the Existing Agreement, the Contractor and County agree that the Contractor's obligation to provide Collection Service under the Existing Agreement shall terminate on October 1 2005. Thereafter, the Contractor shall provide Collection Service in accordance with the terms and conditions contained in this Agreement. 3 Agreement Documents 3.1 Aqreement Documents The Agreement documents, which comprise the entire Agreement between the County and Contractor, shall be attached to this Agreement and made a part hereof. On the Effective Date, the Agreement documents shall consist of the following: · This Agreement · The Exhibits to this Agreement: Exhibit I through Exhibit VIII Thereafter, the Agreement shall be supplemented with the following: · The Performance Bond and Insurance Certificates · Any amendments to this Agreement that are approved by the Board and Contractor There are no Agreement documents other than those listed above. 3.2 Conflicts Between Aqreement Documents In the event of a conflict between this Agreement and the provisions of any exhibit, the provision of this Agreement shall control. 4 Service District During the term of this Agreement, the Contractor shall provide Collection Service to all Customers within Service District I. The legal descriptions of Service Districts I and II are provided in Exhibits III(A) and III(B), respectively. A map of the Service Districts is provided in Exhibit IV. 5 General Provisions 5.1 County Vision. Mission. and Value Statements Contractor agrees to uphold and promote the Vision, Mission, and Value Statements of Collier County, which are contained in Exhibit VIII. 5.2 General Description of Collection Services 5.2.1 Except as otherwise provided herein, Contractor shall provide Collection Service for all of the Residential Waste and Commercial Waste generated by each Customer in Service District I. 11 of 71 .,-.,-" ..,,-~-~~._-,.,.," - ~".,,""'_' lOA 5.2.2 Except as otherwise provided herein, all Improved Real Property within Service District I shall receive either Residential Collection Service or Commercial Collection Service. 5.2.3 Contractor shall deliver all of the Residential Waste and Commercial Waste collected pursuant to this Agreement to the Designated Sites, in compliance with the requirements of this Agreement and the Ordinance. 5.3 Transition Prior to Commencement Date Contractor is responsible for ensuring a smooth transition in the Collection Service provided to Residential Customers and Commercial Customers on the Commencement Date. No later than March 15, 2005, Contractor shall submit to the Director a Transition Plan that contains a detailed description of how the Contractor will plan and prepare for the provision of Collection Service under this Agreement. The Transition Plan is subject to the approval of the Director. At a minimum, Contractor must address the following specific performance requirements in the Transition Plan and accomplish them according to the following deadlines: By April 1, 2005 Contractor and County shall hold the first Transition Planning Meeting. By May 1, 2005 Contractor shall provide to the Director a Collection Plan, which shall be subject to the approval of the Director. By June 15, 2005 Contractor shall provide the Director with a revised Collection Plan, if necessary. By July 1,2005 Contractor shall submit to the Director documentation demonstrating that all necessary vehicles, equipment, Recycling Carts, and containers have been ordered and will be delivered to Contractor's equipment yard no later than August 1,2005. By July 15, 2005 Contractor and County shall hold the second Transition Planning Meeting. By August 1,2005 Contractor shall provide the Director with a Contingency Plan. By September 1 , Contractor shall provide to the Director a written safety 2005 plan covering all aspects of Contractor's operations under this Agreement. By September 10, Contractor shall confirm in writing to the Director that all of 2005 the vehicles, Recycling Carts, and containers necessary to provide Collection Service have been delivered to Contractor's equipment yard. By September 15, Contractor shall confirm in writing to the Director that all of 2005 the vehicles necessary to provide Collection Service have been registered, licensed, and tagged, and otherwise are ready to perform in compliance with the requirements of 12 of 71 '----".- ....".- --,..._--~".~,-.-,..<,,---_...,,-,._-_.,- ,...___....u.,,__···_· IDA this Agreement. By September 15, Contractor shall provide the Director with a vehicle and 2005 equipment list, which shall identify the make, type, year, license number, and identification number for each vehicle. At least 2 weeks prior Contractor shall deliver County-approved brochures or to Commencement other informational materials to Residential and Date Commercial Customers, informing them about the Contractor's Collection Service and collection schedules. The Transition Plan also must describe how the Contractor will distribute new Recycling Carts to Residential Customers on or before the Commencement Date, in compliance with the requirements contained in Section 10, below. 5.4 Transition Prior to Expiration of this Aqreement 5.4.1 Should the County choose not to exercise the renewal options of this Agreement or should no renewal options remain, the County anticipates awarding a new agreement at least six (6) months prior to the expiration of this Agreement. In the event a new agreement has not been awarded within such time frame, Contractor shall provide Collection Service to the County for an additional ninety (90) days after the expiration of this Agreement, at the then established Rates, if the County requests said service. 5.4.2 Contractor shall allow the County's newly selected franchise hauler(s) to purchase, or rent for up to ninety (90) days, Contractor's Commercial Containers. The purchase price and/or rental fee shall be negotiated. 5.4.3 Prior to the expiration of this Agreement, Contractor shall work with the County and the newly selected franchise hauler(s) to ensure a smooth transition period with no interruption or reduction of service. The Contractor shall comply with the following performance requirements and deadlines: 180 days prior to Provide to the Director and the selected franchisee a Commercial expiration of Container inventory, in a format acceptable to the County, that Agreement includes each container's location (street address), capacity, identification number, collection frequency, Customer name, Customer contact information, and whether the container is owned by the Customer or the Contractor. Thereafter, the Contractor shall not replace or exchange any Contractor-owned containers listed in the Commercial Container inventory, without the Director's approval. 150 days prior to Attend a coordination meeting with the selected franchisee and expiration of the County. At the coordination meeting, the Contractor shall Agreement provide a list of Contractor-owned containers that may be purchased by the selected franchisee. 120 days prior to Work with the selected franchisee(s) to develop a mutually expiration of agreeable schedule for removal of Contractor-owned Commercial Agreement Containers and placement of the selected franchisee's containers. 13 of 71 -~.,,<,,---"-,-,---~ "",,,_.,-'''"- ~--.._~--" ~ lOA The schedule shall ensure no interruption in Collection Service. 30 days prior to Implement the schedule in cooperation with the selected expiration of franchisee. Agreement 5.4.4 Prior to the expiration of this Agreement, the County may purchase the Roll Carts, Recycling Bins, Recycling Carts, Commercial Containers and/or Commercial Recycling Containers provided by the Contractor under this Agreement. The County shall pay the Fair Market Value for any containers that the County wishes to purchase from the Contractor. 5.5 Hours and Davs of Collection Service 5.5.1 Contractor shall not provide Residential Collection Service prior to 6:00 a.m. or after 6:00 p.m., unless otherwise authorized by the Director. 5.5.2 Contractor shall not provide Commercial Collection Service for Commercial Customers located within two hundred (200) feet of Residential Real Property prior to 6:00 a.m. or after 6:00 p.m., unless otherwise authorized by the Director. Contractor may provide Commercial Service at other locations at any reasonable time, subject to the Director's approval. 5.5.3 Collection Service shall be provided by the Contractor on Monday through Saturday, except Holidays, or as otherwise authorized by the Director. 5.5.4 Contractor shall not be required to provide Collection Service on days that the Designated Site is closed. 5.6 Routes and Schedules Contractor shall establish Collection routes and schedules that satisfy the Collection Service requirements of this Agreement and maximize the efficiency of the Contractor's operation. Contractor shall submit its proposed Collection routes and schedules to the Director as part of the Contractor's Collection Plan. To the extent practicable, Contractor shall ensure that the Collection Plan minimizes the changes to existing Collection routes. Contractor's proposed Collection routes and schedules shall be subject to the Director's approval. Contractor shall provide Collection Service in accordance with the approved routes and schedules in the Collection Plan. 5.7 Chanqes to Routes and Schedules 5.7.1 After the Commencement Date, Contractor shall not change a Collection route, a Collection schedule, or the method of providing Collection Service until the Contractor receives the Director's approval. Contractor shall submit to the Director a description of all proposed route, schedule, and operational changes at least thirty (30) days prior to implementation of such changes, unless an alternate notification deadline is approved by the Director. 5.7.2 Contractor shall notify all affected Customers in writing regarding any approved changes in the Contractor's schedule or method of providing Collection Service. The notice shall be delivered at least two (2) weeks prior to such change, unless a different schedule is authorized herein or by the Director. 14 of 71 ....-._--_.. ,~-~.>,.,.. .....-...-.-----,. .",._,_.._..m~.. .,--,-,-,,~-,--~~' lOA 5.7.3 Contractor shall inform the Director of any event that will cause delays in the daily Collection schedule (e.g., disabled trucks, accidents, or shortage of staff) within two (2) hours of the event. 5.8 Addition of New Customers to Customer List 5.8.1 At least thirty (30) Days before the Commencement Date, the Contractor shall obtain and review the County's Customer List and verify that the Customer List is accurate and complete. The Customer List shall be prepared by the County, based on the list that is used by the County for the collection of the County's Special Assessment. The Contractor shall work with the County to ensure that the Customer List is accurate at all times. The parties shall promptly notify each other of any Customers that should be added to or deleted from the Customer List. 5.8.2 The County shall revise its Customer List and shall notify the Contractor promptly after a new Certificate of Occupancy is issued by the County for Improved Real Property in Service District I. Contractor shall provide Collection Service to each new Residential Customer when the Customer places its Solid Waste at Curbside. 5.8.3 The Contractor shall terminate its Residential Collection Service within five (5) Days after the Director provides the Contractor with the name and address of a Customer has been deleted from the Customer List. 5.8.4 Contractor shall provide Collection Service to Customers located in areas that are added to the Contractor's Service District during the term of this Agreement. 5.9 Holidays 5.9.1 Contractor shall not be required to provide Collection Service on Holidays. 5.9.2 When the scheduled Day for Collection Service for a Commercial Customer is a Holiday, the Contractor shall provide Collection Service to the Commercial Customer on the Day before the Holiday, if such service is requested by the Commercial Customer, or the Contractor shall provide Collection Service to the Commercial Customer on the next Day following the Holiday. 5.10 General Collection Procedures 5.10.1 Contractor shall thoroughly empty Collection Containers and return them in an upright position to the location where they were placed by the Customer. 5.10.2 Contractor shall handle Collection Containers carefully and in a manner to prevent damage. 5.10.3 Contractor shall provide Collection Service with as little noise and disturbance as possible. 5.11 Mixina Loads of Materials 5.11.1 Contractor shall not combine Loads of Solid Waste or other materials collected pursuant to this Agreement with Loads of Solid Waste or other materials collected outside of the Contractor's Service District, without the prior written approval of the Director. 15 of 71 . "".,___""""_,,,_ M"~'"'_' --,..,- -._~-- --~..~.~, -----~-, lOA 5.11.2 During the Collection process, each one of the following materials shall be handled separately by the Contractor, and shall not be combined with any other type of material, without the Director's prior approval: Yard Trash; Program Recyclables; Bulk Waste; White Goods; Electronic Equipment; Tires; or any other materials that are to be handled separately under this Agreement. 5.11.3 Contractor shall not combine Program Recyclables with any other material. 5.11.4 Contractor shall not combine Residential Waste with Commercial Waste, or Residential Program Recyclables with Commercial Recyclables, without the Director's prior written approval. At the sole discretion of the County, combining such materials may be considered in instances where this practice will result in savings to the Customer or County. In such cases, the Contractor shall file a petition with the Director, describing the specific procedures that will be established to properly account for the mixed materials. Unless the Director approves an alternate procedure, the Contractor shall pay the Tipping Fee for Residential Waste when Commercial Waste is mixed with Residential Waste, and the Contractor shall pay the Tipping Fee for Commercial Waste when Residential Waste is mixed with Commercial Waste. 5.12 Non-Collection Procedures 5.12.1 Contractor is not required to collect Solid Waste, Program Recyclables, or other materials that have not been Set Out for Collection by a Customer in accordance with Section 6 and the other provisions of this Agreement. If such materials are not collected, Contractor shall immediately place a Non- Collection Notice on the container or Non-Conforming Materials. If the Contractor does not place a Non-Collection Notice on the container or material, the Director may require the Contractor to return promptly and collect the materials. If the Director notifies the Contractor before 12 p.m. (noon), the Collection shall be completed before the end of the Day. If the Director notifies the Contractor after noon, the Collection shall be completed before noon on the next Day. 5.12.2 Contractor is responsible for visually inspecting each Customer's Recycling Containers to determine whether they contain Non-Conforming Materials, Non-Program Recyclables, and/or excessively contaminated Recyclable Materials. Contractor shall leave Non-Conforming Material, Non-Program Recyclables, and excessively contaminated recyclables in the Recycling Container, and shall immediately place a Non-Collection Notice on the container explaining why the material was rejected. 5.12.3 In the event a Commercial Container or Commercial Recycling Container is overfilled and cannot be safely dumped, the Contractor shall immediately place a Non-Collection Notice on the container, notify the Customer, and reschedule service. Rescheduling shall be considered a Supplemental Collection Service, which can be arranged between the Contractor and the Customer for an additional fee. The fee is set forth in Exhibit I(B). 5.12.4 Contractor shall refuse to collect Solid Waste from a Customer if the Contractor believes that the Solid Waste contains Hazardous, Radioactive, or Biomedical Waste. If the Contractor believes a Customer is depositing 16 of 71 - - "..'-.._'.""..,,----<~~- ,_.~- -~~.,._,.-.,,- -'-'---~""-". -_...__...~~ lOA such waste for Collection, the Contractor shall place a Non-Collection Notice on the container, take photographs of the improper waste (if possible), and immediately notify the Director. If the generator of such waste is unknown, the Contractor shall work with the Director to identify the generator of such waste. 5.12.5 If a Commercial Container or Commercial Recycling Container is temporarily inaccessible or blocked, the Contractor shall promptly (Le., within two hours) notify the Customer by telephone concerning the Contractor's inability to provide Collection Service. The Contractor shall offer to provide Collection Service later in the same Day, whenever feasible. The Contractor also shall notify the Director by telephone or by electronic mail, before the end of the Day. The Contractor shall provide service on the Customer's next regular Collection Day, unless a special Collection is arranged for an earlier time. Special Collection times can be arranged with the Contractor for an additional fee, which is set forth in Exhibit I(B). 5.12.6 The design and content of the Non-Collection Notice(s) used by the Contractor shall be subject to the approval of the Director. At a minimum, Non-Collection Notices shall provide the following information: the Contractor's reason for not providing Collection Service; information that will allow the Customer to correct the problem; and a County telephone number for any further questions. 5.13 Missed Collection Procedures Upon notification by the Director of a Legitimate Complaint regarding a Missed Collection, the Contractor shall promptly return to the Customer's Premises and collect all properly prepared Solid Waste and Program Recyclables. If the Director notifies the Contractor before 12 p.m. (noon), the Collection shall be completed before the end of the Day. If the Director notifies the Contractor after noon, the Collection shall be completed before noon on the next Day. 5.14 Protection of Private and Public Property 5.14.1 Contractor's employees shall not trespass on private property for any reason (e.g., to access an adjacent property), unless the resident or owner of said property has given permission. 5.14.2 Contractor's employees shall take care to prevent damage to public and private roadways and property, including flowers, shrubs, and other plantings. 5.14.3 Contractor shall be responsible for all costs associated with the repair or replacement of property that has been damaged by the Contractor's equipment, employees or agents. The Contractor shall promptly investigate and respond to any claim concerning property damage. If the Director notifies the Contractor before 12 p.m. (noon) concerning any such damage, the Contractor shall investigate and respond to the Director before the end of the Day. If the Director notifies the Contractor after noon, the Contractor shall investigate and respond to the Director before noon on the next Day. Contractor shall promptly repair any damage, at its sole expense, within three (3) Days, unless the Contractor requests and the Director grants approval of an extension of time. The County's approval shall not be 17 of 71 --- ~ --..- __''''"L''''''"."~···-··__·· -,^.,--~-~", "'..... lOA unreasonably withheld. Any disputes concerning the Contractor's obligations for the repair of damages shall be resolved by the Director. 5.15 Access to Streets and Collection Containers 5.15.1 Contractor's vehicles shall not unreasonably interfere with vehicular or pedestrian traffic. Contractor's vehicles shall not be left standing on streets and alleys unattended. 5.15.2 If the Contractor cannot provide Collection Service to a Customer because a public or private street is temporarily closed to vehicular traffic, Contractor shall notify the Director within two (2) hours and shall return within twenty- four (24) hours to service Customers located on the street. If at that time the street is still temporarily closed, Contractor shall provide Collection Service to the Customer(s) on the next regularly scheduled Collection Day. 5.15.3 The County reserves the right to deny the Contractor's vehicles access to certain streets, alleys and roadways where the County determines it is in the public's best interest. The County shall provide the Contractor with reasonable notice of such access denial so that the County's action does not interfere unduly with the Contractor's normal operation. 5.15.4 The Contractor shall use suitable vehicles and equipment, as necessary, to provide Collection Service on dead-end streets. The Contractor's vehicles shall not enter or drive upon any private driveways or Premises, to turn around or for any other purpose, and Contractor shall repair any damage it causes to such areas, pursuant to Section 5.14.3, above. However, if the use of a private driveway is authorized in writing by the Director, the County shall be responsible for the repair of such driveway, provided that Contractor uses the driveway in compliance with any conditions and limitations contained in the Director's authorization. 5.15.5 If access to a street, alley, or public or private way becomes impassable or if access is denied, Contractor shall work with the County and the Customer to determine a mutually acceptable location for the Collection of Residential Waste or Commercial Waste. If a mutual agreement cannot be reached, Collection shall be from the nearest public way that is accessible by the Collection vehicle, or other location specified by the Director. 5.15.6 If the Contractor encounters Customers or situations that prevent or hinder the Contractor from gaining access needed to provide the Collection Service required in this Agreement, the Contractor shall report such cases to the Director. 5.16 Desiqnated Sites 5.16.1 Contractor shall deliver all of the Solid Waste collected under this Agreement to the Designated Site, unless the Director approves the use of a different Solid Waste management facility. The Designated Site for Solid Waste is the Naples Landfill. 5.16.2 Contractor shall abide by any applicable requirements concerning the delivery of materials to the Designated Site(s). 5.16.3 Unless instructed otherwise by the Director, the Contractor shall segregate and separately dispose of Garbage, White Goods, Tires, lead-acid batteries, Bulk Waste, and Yard Trash at designated areas of the Naples 18 of 71 -<-,",-_.,,-" ,..~....-..."'. .-".-.".-,-" ----^"--.- IDA Landfill. The Contractor shall not pay a Tipping Fee for the disposal of these materials at the Naples Landfill if such materials were collected from the Contractor's Residential Customers under this Agreement. 5.16.4 The Contractor may deliver materials to the Naples Landfill during the following hours of operation: Designated Disposal Site: Hours of Delive . Na les Landfill 7:00 a.m. to 5:00 .m., Monda 5.16.5 Program Recyclables, Recovered Materials, and Electronic Equipment collected under this Agreement shall be delivered by the Contractor to the Designated Sites for such materials. The Designated Sites for Program Recyclables, Recovered Materials, and Electronic Equipment shall include all properly licensed Recycling Facilities, subject to the Director's approval. 5.17 Spillaqe and Litter 5.17.1 Contractor shall not cause or allow any Solid Waste or other material to be spilled, released, or otherwise dispersed in the County as a result of the Contractor's activities under this Agreement. When hauling or transporting any material over public roads in the County, the Contractor shall use a covered or enclosed vehicle or other device that prevents the material from falling, blowing, or otherwise escaping from the vehicle. 5.17.2 If Solid Waste, Recyclable Materials, or any other material escapes from or is scattered by Contractor's vehicle for any reason, Contractor shall immediately pick up such material. 5.17.3 Contractor shall immediately pick up any spillage from Collection Containers caused by the Contractor. Overloaded Commercial Containers shall not be considered spillage by the Contractor. 5.17.4 Contractor's vehicles shall not release or cause litter in violation of the "Florida Litter Law", Section 403.413, Florida Statutes, or the County's Ordinance. If Solid Waste, Recyclable Materials, or other litter is released or falls from Contractor's vehicle for any reason, the Contractor shall immediately stop the vehicle and retrieve the litter. Failure to do so shall be considered a violation of the Florida Litter Law and this Agreement. 5.17.5 The Contractor shall immediately clean up any oil or hydraulic fluid that leaks or spills from Contractor's vehicles. If the Director notifies the Contractor before 12 p.m. (noon) concerning any leaks or spills, the Contractor shall complete its clean-up activities before the end of the Day. If the Director notifies the Contractor after noon, the Contractor shall complete its clean-up before noon on the next Day. The Contractor also shall repair any associated damage, pursuant to Section 5.14.3, above. 5.18 Exempt Materials The following types of Exempt Materials are not subject to the Contractor's exclusive franchise under this Agreement. These Exempt Materials may be collected and taken to a licensed disposal site or Recycling Facility by the owner or occupant of the Premises, or their agent, at the owner's or occupant's expense. 5.18.1 Land Clearing Debris. 19 of 71 ---~ - _.._- IDA 5.18.2 Construction and Demolition Debris. 5.18.3 Trash and debris associated with farming operations. 5.18.4 Extraordinary, Hazardous, Biomedical, and Radioactive Waste. 5.18.5 Wrecked, scrapped, ruined or dismantled motor vehicles, or motor vehicle parts, including used oil, Tires, and batteries. 5.18.6 Recyclable Materials generated by a Commercial Customer, provided the materials are subjected to a recycling process, and the Commercial Customer reports to the Director, upon request, about the disposition of the Recyclable Materials. 5.18.7 Non-Program Recyclables generated and separated from the Waste Stream by Residential Customers. 5.18.8 Solid Waste and by-products resulting from an industrial process. 5.18.9 Solid Waste and Recyclable Materials generated in the incorporated areas of Collier County, other than the City of Marco Island. 5.18.10 Sludge. 5.18.11 Liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. 5.18.12 Commercial Organics. 5.18.13 Yard Trash generated on Commercial Real Property. 5.18.14 Materials and wastes similar to those listed above, when designated by the Director. 5.18.15 If the Contractor declines to collect Bulky Waste or White Goods from a Commercial Customer, then the Bulky Waste or White Goods shall be deemed an Exempt Material with regard to that Commercial Customer. 5.19 Safety Proqram 5.19.1 The Contractor shall develop, implement and maintain a written safety plan for all of its operations under this Agreement, as required by OSHA and other Applicable Laws. A written copy and an electronic copy of the safety plan shall be provided to the Director. The Contractor shall comply with its safety plan at all times. 5.19.2 The Contractor shall appoint an employee who is qualified and authorized, as defined by OSHA, to supervise and enforce safety compliance. 5.19.3 The Contractor shall provide routine safety training to its employees, in compliance with OSHA and all Applicable Laws. Refresher courses and supplemental training shall be provided as necessary. Documentation of the Contractor's training programs, and successful training of each employee, shall be maintained on file and shall be provided to the Director upon request. 5.19.4 The Contractor shall follow all OSHA regulations and Applicable Laws with regard to personal protective equipment. The Contractor's employees shall be instructed to drive in a defensive manner. 20 of 71 ""---- _...._'^-.~-.. ~-~........_-~~ -,..._..,-_..,._.--".,~ lOA 5.19.5 A written procedure shall be established for the immediate removal to a hospital or a doctor's care of any employee or other Person that is injured and requires care from the Contractor. 5.20 Collection Plan 5.20.1 The Contractor shall prepare a Collection Plan that describes in detail how the Contractor will provide Collection Services in compliance with the requirements in this Agreement. At a minimum, the Collection Plan shall identify and describe the vehicles, equipment, routes, and schedules the Contractor will use. The Collection Plan shall include a legible map for each Collection route, identifying the Day(s) when Collection Service will be provided, the starting and ending points for Collection Service, and the type of Collection Service that will be provided on each Collection Day. 5.20.2 The Collection Plan shall describe the Contractor's plan for recycling the Recyclable Materials collected under this Agreement. At a minimum, the Collection Plan shall identify the number and types of vehicles that will be used to collect Recyclable Materials, and the Recycling Facility that will receive the Recyclable Materials. 5.20.3 The Collection Plan shall include the manufacturer's specification sheets for the Contractor's Recycling Carts, Roll Carts, and Commercial Containers, as provided in Section 10.3.4 herein. 5.20.4 An updated Collection Plan shall be submitted to the Director within two (2) Days whenever the Contractor changes the Collection Plan. 5.20.5 The Collection Plan, and any revisions to the plan, are subject to the Director's approval. 5.21 Ownership of Solid Waste and Proqram Recvclables From the time that Solid Waste and Program Recyclables are placed at the Curbside or other authorized location for Collection, such materials shall be the sole property of the County. Except where specifically approved in this Agreement, neither the Contractor nor its employee(s) shall have the right to take, keep, process, alter, remove or otherwise sell or dispose of any of the Solid Waste or Program Recyclables collected pursuant to this Agreement, without the prior written approval of the Director. 5.22 Compaction of Proqram Recvclables Contractor may compact Program Recyclables while on board the Contractor's vehicle, provided that the compaction process and the density of the Load does not adversely affect the marketability of the Program Recyclables. The density shall be computed by dividing the weight of the Program Recyclables in the Load by the capacity (measured in cubic yards) of the compartment holding the Program Recyclables on the Contractor's vehicle. If the compaction process or density affects the marketability of the Recyclable Materials, the allowable density may be changed by the Director. Further, the allowable density may be changed by the Director if the County requires the Contractor to deliver the Program Recyclables to a Recycling Facility in Collier County pursuant to Section 18.2 herein. 21 of 71 ,---~._-y~ ---,.~ ---~--~ "'.".- -_0_'-" lOA 5.23 Sale of Proqram Recvclables At its cost, the Contractor shall market and sell all of the Residential Program Recyclables and Commercial Recyclables collected by the Contractor pursuant to this Agreement. The Contractor shall be entitled to keep all of the revenues from the sale of these Recyclable Materials, and shall pay for the disposal of all unmarketable materials. The Contractor shall provide the Director with accurate, detailed reports concerning the revenues derived from the sale of Recyclable Materials collected in the County. The report shall separately identify the revenues derived from the sale of each one of the Program Recyclables. The report shall clearly explain how the Contractor estimated the weight and value of the Recyclable Materials in those cases where estimates were used. The reports shall be submitted monthly and annually with the other information required pursuant to Sections 16.2 and 16.3 of this Agreement. 5.24 Disposal of Recvclable Materials 5.24.1 Except as expressly authorized herein, the Contractor shall not dispose of any Program Recyclables that have been collected in the County. Such materials shall be sold or otherwise used for a beneficial purpose. 5.24.2 Rejects and Residue shall be beneficially reused or delivered to a Solid Waste management facility for disposal. 5.24.3 The Contractor may file a written petition for relief with the Board if the Contractor determines that the net cost of marketing one or more of the County's Program Recyclables exceeds the net revenues derived from the sale of all of the Program Recyclables. The Contractor's petition shall contain a detailed accounting of the Contractor's costs and revenues for the marketing and sale of Program Recyclables. The petition shall demonstrate that no commercially viable markets have been available to the Contractor for at least ninety (90) calendar days and none are expected to arise within the next ninety (90) calendar days. When evaluating the Contractor's costs, the County shall not consider the costs associated with the Collection, transportation, storage, and preparation of the Recyclable Materials. If the Board determines that relief is appropriate, the Board may: (a) delete one or more Recyclable Materials from the list of Program Recyclables; (b) reimburse the Contractor for those marketing costs incurred by the Contractor in excess of the revenues generated from the sale of the Program Recyclables; (c) allow the Contractor to dispose of the unmarketable materials at the Naples Landfill, without paying the Tipping Fee; or (d) such other relief as the Board deems appropriate. 5.24.4 If the Contractor files a petition with the Board, the Manager shall review the petition within ten (10) Days and, if the petition appears to be meritorious, the Manager shall allow the Contractor to take the County's unmarketable Program Recyclables to the Naples Landfill for disposal until the Board makes a final determination concerning the Contractor's petition. In such cases, the Contractor shall not pay a Tipping Fee at the Naples Landfill for the disposal of the unmarketable materials. 22 of 71 ---. -"-,~"-"-'-"-'-- ."..~." ......-.<"""..--.-..' --..".,. -- IDA 6 Set Out Procedures 6.1 Residential Customers 6.1.1 Except as otherwise provided herein, Residential Customers shall use Curbside Containers for the Collection of Garbage, Rubbish, and Yard Trash, and shall use Recycling Carts for the Collection of Program Recyclables. Residential Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. 6.1.2 Roll Carts shall be used by Residential Customers for Garbage or Rubbish, but not Yard Trash. Other types of Curbside Containers, except plastic bags, shall be used for Yard Trash. Such containers are subject to the Director's approval, and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of its contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Such containers shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight when filled. 6.1.3 Residential Program Recyclables shall be Set Out for Collection in Recycling Carts. Cardboard placed in Recycling Carts shall be flattened and, if necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also be stacked and placed outside the Recycling Carts. 6.1.4 Discarded materials from small household repairs, renovations or projects shall be placed in a Roll Cart. 6.1.5 Curbside Containers, Roll Carts, Recycling Carts, and any non- containerized waste appropriate for Curbside Collection shall be placed at the Curbside prior to 6:00 a.m. on the scheduled Collection Day. These containers and materials shall be placed at least four (4) feet from mailboxes or other obstacles. 6.1.6 A Residential Customer shall not Set Out for Collection more than four (4) Tires and two (2) lead acid batteries per month. 6.1.7 A Residential Customer shall contact the Director when the Customer wishes to receive Curbside Collection of Bulk Waste, White Goods, Electronic Equipment, Tires, or lead acid batteries. 6.2 Commercial Customers 6.2.1 Commercial Customers shall use Commercial Containers and/or Roll Carts for the Collection of Commercial Waste. The Director may authorize the use of Curbside Containers by Commercial Customers where efficiency or other circumstances justify. 6.2.2 Commercial Customers shall place all Commercial Waste and Recyclable Materials in a Collection Container. 6.3 Residential and Commercial Customers 6.3.1 Garbage, Organic Waste, and similar putrescible waste shall not be collected, stored, or Set Out in an open, uncovered Collection Container. 6.3.2 Solid Waste and Yard Trash shall not be placed in the same Collection Container. 23 of 71 -~._"-' ,·-.·,-···'··---~''''-'''-·'''''''····__I lOA 6.3.3 Yard Trash placed in Curbside Containers shall not exceed four (4) feet in length or fifty (50) pounds in weight, and shall not extend more than twelve (12) inches over the top of the Curbside Container. Yard Trash shall not be Set Out for Collection in plastic bags. 6.3.4 Customers shall not overfill Roll Carts, Recycling Carts, or Commercial Containers such that lids cannot be securely closed. 6.3.5 Yard Trash that is not containerized shall be bundled and securely tied with a cord or other material strong enough to support the weight of the bundle. Non-containerized Yard Trash shall not exceed fifty (50) pounds in weight. Non-containerized Yard Trash shall not exceed four (4) feet in length or four (4) inches in diameter. The foregoing restrictions also shall apply to other types of non-containerized Solid Waste, except Bulk Waste and Extraordinary Waste. 6.3.6 All Collection Containers shall be placed in locations that allow easy access and convenient use by Customers, and are readily accessible to the Contractor's vehicles. 6.3.7 Commercial Containers shall be placed on a paved level surface. All approaches to Commercial Containers shall be capable of supporting the weight of the Collection vehicle. 6.3.8 In the event the Customer and Contractor cannot agree upon an appropriate location for a Collection Container, the Director shall mediate the dispute and designate the point of Collection. 6.3.9 When necessary to carry out the purpose and intent of this Agreement, the Director may authorize the placement of a Collection Container off of the Premises. Public rights-of-way may be used only in circumstances where the placement of the Collection Container shall not interfere with or obstruct the primary purpose of the right-of-way. 7 Residential Collection Service 7.1 Basic Collection Service and Collection Frequency 7.1.1 The Contractor shall provide the following Collection Service to each Residential Customer. 7.1.1.1 Garbage and Rubbish shall be collected at Curbside at least two times each week. This service shall be provided not less than forty- eight (48) hours and not more than seventy-two (72) hours between regularly scheduled Collection Days. 7.1.1.2 Yard Trash shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected. 7.1.1.3 Program Recyclables shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected. 7.1.1.4 Bulk Waste shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage 24 of 71 ---" '.0_-- _ -~..--,,~- - ". ,.--..-. .~,." IDA is collected, whenever possible. The Contractor shall note all unreported Bulk Waste on all Collection routes, and shall promptly report such material to the Director. Upon request by the Director or a Customer, the Contractor shall pick up such items on the next scheduled Collection Day for Bulk Waste. However, a request for Bulk Waste Collection must be made at least forty-eight (48) hours in advance of the next regularly scheduled Day for the Collection of Bulk Waste. 7.1.1.5 White Goods shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected, whenever possible. The Contractor shall note all unreported White Goods on all Collection routes, and shall promptly report such material to the Director. Upon request by the Director or a Customer, the Contractor shall pick up such items on the next scheduled Collection Day for White Goods. However, a request for White Goods Collection must be made at least forty-eight (48) hours in advance of the next regularly scheduled Day for the Collection of White Goods. 7.1.1.6 Tires and lead acid batteries shall be collected at Curbside once each week when Bulk Waste is collected; however, the Contractor is not required to collect more than four (4) Tires and two (2) lead acid batteries per month from any Residential Customer. 7.1.1.7 Electronic Equipment shall be collected at Curbside at least once each week. This service shall be provided when Bulk Waste is collected. The Contractor shall note all unreported Electronic Equipment on all Collection routes and shall promptly report such material to the Director. Upon request by the Director or a Customer, the Contractor shall pick up such items on the next scheduled Collection Day for Electronic Equipment. However, a request for the Collection of Electronic Equipment must be made at least forty-eight (48) hours in advance of the next regularly scheduled Day for the Collection of Electronic Equipment. 7.1.2 Contractor shall provide Back Door Service to handicapped Residential Customers at no additional charge. Upon request by the Director or Contractor, such Customers shall annually provide: (a) a written statement from a licensed physician, documenting the nature of the handicap and the need for Back Door Service; and (b) written confirmation that no able- bodied Person resides in the household. 7.1.3 Except as otherwise expressly provided herein, the Contractor is not obligated by this Agreement to collect Extraordinary Waste. 7.2 Supplemental Collection Services 7.2.1 Contractor shall offer Residential Supplemental Collection Services to Residential Customers, including, but not limited to, Back Door Service for non-handicapped Customers. 25 of 71 ""'-'-'-"'--~-'-' ~._-----^ .~." IDA 7.2.2 Customers desiring Residential Supplemental Collection Services shall request such services directly from the Contractor. The specific arrangements for Residential Supplemental Collection Services are to be determined between the Customer and the Contractor. No such services shall be provided until the Contractor notifies the Customer of the amount of the Contractor's fee and receives the Customer's confirmation that the fee is acceptable. 8 Multi-Family Collection Service 8.1 Customers occupying Multi-Family Residences shall receive Residential Collection Service or Commercial Collection Service. A Customer occupying a Multi-Family Residence shall receive Residential Collection Service if the Customer pays the County's Special Assessment or receives the Director's approval for such service. All other Customers occupying Multi-Family Residences shall receive Commercial Collection Service. 8.2 A Customer occupying a Multi-Family Residence and receiving Residential Collection Service shall receive the same level of service, and shall be subject to the same Rates and requirements, as any other Customer receiving Residential Collection Service. 8.3 A Customer occupying a Multi-Family Residence and receiving Commercial Collection Service shall receive the same level of service, and shall be subject to the same Rates and requirements, as any other Customer receiving Commercial Collection Service. 8.4 The Contractor's exclusive franchise for the collection of Residential Program Recyclables includes the Collection of Program Recyclables generated by those Customers that occupy Multi-Family Residences, even if the Customers receive Commercial Collection Service. 9 Commercial Collection Service 9.1 Basic Collection Service and Collection Frequency 9.1.1 Commercial Collection Service for Garbage and Rubbish shall be arranged between the Commercial Customer and the Contractor. 9.1.2 Commercial Customers shall enter into a contract with the Contractor for the Collection of Commercial Waste and shall pay the County's approved Rates for their Collection Service. The Rates established in Exhibit I(A) include container rental fees. 9.1.3 This Agreement does not authorize or require Contractor to collect Yard Trash or provide Commercial Lawn Care Service. 9.1.4 The minimum Collection frequency for Commercial Customers shall be one time per week, with Collection not more than seven (7) calendar days apart, except for Holidays . Unless the Director approves a different schedule, Commercial Collection Service shall be provided at least twice each week for restaurants, grocery stores, and other facilities that generate significant quantities of Garbage and other types of putrescible waste. 26 of 71 -"-"'''--'''' ~--~ -"',-----_.- '-" lOA 9.1.5 Where several Commercial Customers are within close proximity to each other (e.g., in the same shopping center or mall), such Customers may enter into a joint agreement with the Contractor for the Collection of their Commercial Waste. 9.2 Supplemental Collection Services 9.2.1 Contractor shall offer Supplemental Collection Services to Commercial Customers, including but not limited to the services described in Exhibit I(B). The list of Supplemental Collection Services and the associated Rates may be revised when the Board adopts its annual resolution approving the Contractor's Rates. 9.2.2 Commercial Customers desiring Supplemental Collection Services shall request such services directly from the Contractor. The specific arrangements for Supplemental Collection Services are to be determined between the Customer and the Contractor. No such services shall be provided until the Contractor notifies the Customer of the amount of the Contractor's fee and receives the Customer's confirmation that the fee is acceptable. 9.2.3 Contractor shall bill Customers directly for Commercial Supplemental Collection Services in accordance with the Rates stated in Exhibit I(B), unless the County assumes responsibility for billing Commercial Customers. 9.3 Commercial Recvclinq Services Contractor shall offer to collect Recyclable Materials from its Commercial Customers. In this capacity, the Contractor shall act as a Private Hauler. The Contractor shall be responsible for billing and collecting payment for its services as a Private Hauler. 9.4 Contract for Collection Service 9.4.1 The Contractor shall prepare a standard form that will be used as its contract with Commercial Customers. The proposed form shall be provided to the Director for approval at least sixty (60) calendar days before the Commencement Date, and whenever the Contractor proposes to change its content. The terms and conditions contained in the form shall be consistent with the requirements in this Agreement. 9.4.2 The Contractor's contract shall identify all of the services that the Contractor will provide to the Customer and all of the associated costs. No fees or charges may be collected from a Customer unless such fees and charges were disclosed in the Contractor's contract. 9.4.3 The Contractor's contract for Commercial Customers shall contain the following information, unless alternate language is approved by the Director: "REGULATION BY COLLIER COUNTY" This contract for the collection of Commercial Solid Waste is regulated by Collier County. If you have any questions regarding the terms and conditions in this contract, you may call the County at (239) 403-2350. 27 of 71 -,_.-,-,."._".- ~.._,~...... ~...,--"'. -- lOA "COMMERCIAL COLLECTION CONTAINERS" You may provide your own Commercial Container (e.g., a roll-off container or compactor) for the solid waste that you generate on your property; provided that your Commercial Container is one that can be serviced by the Contractor's collection equipment. In the alternative, you may obtain a Commercial Container from the Contractor. In either case, the Commercial Container must be maintained in a safe, sanitary, serviceable condition by the owner of the Commercial Container. "SUPPLEMENTAL SERVICES" The Contractor may provide supplemental services to you, but may only charge the Rates approved by Collier County. The cost of the supplemental services must be separately identified below, in the list of "Rates for Services." "RATES FOR SERVICES" The County has approved standard rates for the collection of Commercial Solid Waste and for supplemental services. Under this contract, you will pay the following fees for the Contractor's services. You may call the County if you have any questions about the Contractor's rates: (a) CHARGES FOR COLLECTION (b) CHARGES FOR DISPOSAL (c) CHARGES FOR SUPPLEMENTAL SERVICES (d) TOTAL 9.5 Termination of Commercial Collection Service 9.5.1 The Contractor may terminate Collection Service when a Commercial Customer fails to pay for service and the following procedure has been followed. 9.5.1.1 When a Commercial Customer's payment is thirty (30) calendar days past due, the Franchisee may mail to such Commercial Customer a notice of intent to terminate service in ten (10) Days. 9.5.1.2 If the Commercial Customer desires to dispute the bill, the Customer shall notify the Director in writing within the ten (10) Day period. Upon receipt of the Customer's notice, the Director shall resolve the dispute. 9.5.1.3 If the balance remains unpaid after the ten (10) Day period provided above, or ten (10) Days following issuance of a written finding by the Director, the Contractor may discontinue Collection Service to the Customer. The Contractor shall notify the Director within one (1) Day after service is terminated. 28 of 71 -~ "'""".....,.,.... ,"'d '.__..,,,~"~.__,,_,,.. . lOA 9.5.1.4 Upon being notified, the County shall take whatever action it deems appropriate to enforce compliance with the provisions of the County's Ordinances. 9.5.2 In the event service is terminated, the Contractor is authorized to remove from the Customer's Premises any Commercial Containers, Commercial Recycling Containers, or other equipment belonging to the Contractor. 9.5.3 Contractor is authorized to charge interest on delinquent accounts with Commercial Customers and to charge a fee for resumption of service, as provided in Section 26.1.5 of this Agreement. 10 Collection Containers 10.1 Provision of Containers 10.1.1 Curbside Containers 10.1.1.1 Customers may provide their own containers (up to 32 gallons in capacity) for Yard Trash and shall retain ownership of such containers. 10.1.1.2 The Contractor shall ensure that each Residential Customer has at least one (1) Roll Cart at all times during the term of this Agreement. The Contractor shall provide at least one Roll Cart to each Residential Customer that does not have one. 10.1.1.3 One Roll Cart shall be provided by the Contractor to each Residential Customer at no cost. Additional Roll Carts may be purchased by the Customer, at the Contractor's invoice price, plus a reasonable fee for delivery. The invoice price is subject to the Director's approval. The delivery fee is set forth in Exhibit 1(8). 10.1.1.4 Each Customer shall have the option of receiving a thirty-five (35), sixty-four (64), or ninety-six (96) gallon Roll Cart. Thereafter, the Customer may exchange its Roll Cart one time for a different size, which shall be provided by the Contractor at no cost to the Customer. The Customer shall pay a fee to the Contractor if the Customer wishes to exchange its Roll Cart for a different size more than once. The fee is set forth in Exhibit 1(8). 10.1.1.5 The Contractor shall provide a new Roll Cart to each new Residential Customer within five (5) Days of notification by the County. 10.1.2 Recvclinq Carts 10.1.2.1 On or before the Commencement Date, the Contractor shall deliver at least one (1) new Recycling Cart to each Residential Customer. 10.1.2.2 One (1) Recycling Cart shall be provided by the Contractor to each Residential Customer at no cost. Additional Roll Carts may be purchased by the Customer, at the Contractor's invoice price, plus a fee for delivery. The invoice price is subject to the Director's approval. The delivery fee is set forth in Exhibit 1(8). 29 of 71 . . --.-....- .-.,,- ~.._,-_.__."... "'<r... lOA 10.1.2.3 After the Commencement Date, the Contractor shall provide a new Recycling Cart to each new Residential Customer within five (5) Days of notification by the Director. 10.1.2.4 The Contractor shall deliver smaller Recycling Carts to the Customers in an age-restricted community, on a community-wide basis, when instructed to do so by the Director. In such cases, the Recycling Carts shall comply with the specifications in Section 10.3.1 herein, except that the Recycling Carts shall have a rated capacity of only thirty-five (35) gallons. Under the provisions of this Section 10.1.2.4, the Contractor shall not be required to deliver more than two thousand five hundred (2,500) small Recycling Carts during the first Agreement Year and not more than five hundred (500) small Recycling Carts during any subsequent Agreement Year. 10.1.3 Commercial Containers 10.1.3.1 Commercial Customers may use their own Commercial Containers, provided the containers are compatible with the Contractor's Collection equipment. Commercial Customers also may obtain Commercial Containers from the Contractor. 10.1.3.2 Upon request by a Commercial Customer, the Contractor shall provide Roll Carts or Commercial Containers for the Collection of Solid Waste and/or Recyclable Materials. Contractor shall provide containers of sufficient size and number, and Collection Service of sufficient frequency, to ensure that all of the Solid Waste and Recyclable Materials generated by the Commercial Customer are properly stored and contained until they are removed for disposal or processing. 10.1.3.3 The Contractor may supply and maintain compactors and specialized containers, if requested to do so by a Customer. However, a request for a specialized container or equipment shall not be granted by the Contractor if the type of material generated by the Customer requires a greater frequency of Collection than is typically contemplated when using such containers, or if the material is otherwise unsuitable for the use of such equipment or containers. 10.2 Ownership of Containers 10.2.1 Customer-owned Collection Containers shall remain the sole property of the Customer. 10.2.2 The Contractor shall retain ownership of Roll Carts, Recycling Bins, and Recycling Carts provided by the Contractor. Recycling Bins and Recycling Carts provided by the County shall remain the sole property of the County. 10.2.3 The Contractor's Commercial Containers and Commercial Recycling Containers shall remain the sole property of the Contractor. 10.3 Technical Specifications for Containers 10.3.1 Recycling Carts supplied by the Contractor shall be of equivalent or better quality than those used by the County during the County's 2003-2004 pilot project with recycling carts, and shall be subject to the approval of the Director. Recycling Carts shall: (a) be green; (b) have a rated capacity of 30 of 71 '--"'--- .......... ,,-'".~....,. .... - .., _.... ..~"""~,_.,,~ _..._M~__·_· -",_. ---"~..._-_._- IDA sixty-four (64) gallons; (c) be made of heavy duty plastic; (d) be hot- stamped or labeled in accordance with the specifications provided by the Director; (e) be mounted on two wheels; (f) have attached, hinged lids; and (g) be compatible with the hydraulic lifting and dumping mechanism mounted on the Contractor's Collection vehicles. Each Recycling Cart shall have a flat area on the top (outside) of the lid, which shall be at least eight (8) inches by sixteen (16) inches in size and suitable for the placement of informative stickers or decals. Recycling Carts shall be uniform with regard to color, volumetric capacity, dimensions, finished surfaces, and hot stamping/labeling. A Recycling Cart shall be constructed: to prevent the intrusion of water and animals, and the expulsion of its contents; with covers that are free from sharp edges; and without any inside structures that prevent the discharge of its contents. The Recycling Cart shall have only one compartment, which shall be used for the storage of all Program Recyclables. Each Recycling Cart shall be protected by a manufacturer's warranty of at least eight (8) years duration. 10.3.2 Roll Carts supplied by the Contractor shall be of equivalent or better quality than those currently in use by the County, and shall be subject to the approval of the Director. Roll Carts shall: (a) be green; (b) have a rated capacity of either thirty-five (35), sixty-four (64), or ninety-six (96) gallons; (c) be made of heavy duty plastic; (d) be hot-stamped or labeled in accordance with the specifications provided by the Director; (e) be mounted on two wheels; (f) have attached, hinged lids; and (g) be compatible with the hydraulic lifting and dumping mechanism mounted on the Contractor's Collection vehicles. Roll Carts shall be uniform with regard to color, volumetric capacity, dimensions, finished surfaces, and hot stamping/labeling. A Recycling Cart shall be constructed: to prevent the intrusion of water and animals, and the expulsion of its contents; with covers that are free from sharp edges; and without any inside structures that prevent the discharge of its contents. 10.3.3 Commercial Containers supplied by the Contractor shall be of equivalent or better quality than those currently in use by the County, and shall be subject to the approval of the Director. Commercial Containers shall have attached lids, unless the Director approves a different design for a particular use. 10.3.4 The Contractor shall provide the Director with the manufacturer's specification sheets for the Contractor's Recycling Carts, Roll Carts, and Commercial Containers. At a minimum, the specification sheets shall address the following items, if applicable: · Company of manufacture · Material of manufacture, including pre-consumer and post-consumer recycled content · Molding technology · Standards of design (e.g., American National Standards Institute) · UV stabilization certification · Load rating 31 of 71 ~O"_" ----- _._~.- ""OM lOA · Design standards for lid, handles, lifting, bottom, wheels, axle, and fasteners · Interior and exterior finish surfaces · Color · Volumetric Capacity · Nestability · Identification and Marking · Manufacturer's warranty 10.3.5 The Contractor shall replace the labels on its carts and containers on an as- needed basis, subject to the Director's approval. 10.4 Delivery of Containers 10.4.1 The Contractor shall maintain an adequate supply of Roll Carts and Recycling Carts at all times. The Contractor shall deliver new, additional, and replacement Roll Carts and Recycling Carts to Residential Customers within five (5) Days of receiving a request for said containers. 10.4.2 The Contractor shall deliver Roll Carts, Commercial Recycling Containers, and/or Commercial Containers to a Commercial Customer within five (5) Days of receiving a request for such containers. 10.5 Maintenance of Containers 10.5.1 The Contractor shall maintain all Contractor-owned Roll Carts, Recycling Carts and Collection Containers in good working order to ensure continuous and efficient Collection Service under this Agreement. 10.5.2 Contractor-owned Commercial Containers shall have solid, durable bottoms. Commercial Containers shall be equipped with a heavy-duty removable plug for the purpose of clean out. 10.5.3 The Contractor shall maintain and repair its Commercial Containers so that the containers are free of holes, broken hinges, broken doors or door fasteners, broken wheels, or broken lids. 10.5.4 Contractor-owned Commercial Containers shall be kept painted at all times so they do not become a detriment to the community, with the exception of containers made of plastic, aluminum, stainless steel, or other materials that do not readily accept paint. 10.5.5 At its expense, the Contractor shall procure and maintain all essential spare parts for Contractor-owned Commercial Containers. The Contractor shall identify and maintain a readily available source of all the spare parts needed to maintain and repair the Contractor's Commercial Containers. 10.5.6 The Contractor shall repair, paint, clean and otherwise maintain any Commercial Container within five (5) Days of being requested to do so by the Director. 10.5.7 Customers shall be responsible for maintaining all Customer-owned Commercial Containers, Roll Carts, Recycling Carts and Commercial Recycling Containers. The Contractor may maintain Customer-owned 32 of 71 ,..,-.-'" lOA containers for an additional fee, approved by the County. The Contractor's fee for this service is set forth in Exhibit I(B). 10.6 Repair and Replacement of Containers 10.6.1 At its expense, the Contractor shall repair or replace damaged Contractor- owned Roll Carts, Recycling Carts and Collection Containers within three (3) Days after receiving notice from the County or Customer. At its option, the Contractor may require a Customer to exchange its old Roll Cart or Recycling Cart when the Customer receives a new Roll Cart or Recycling Cart from the Contractor. If a Roll Cart or Recycling Cart must be replaced because of the Customer's negligence, the Customer shall pay the Contractor's invoice price for the Roll Cart or Recycling Cart, plus a delivery fee. The invoice price is subject to the Director's approval. The delivery fee is set forth in Exhibit I(B). 10.6.2 If the Contractor damages or destroys any Customer-owned Collection Container, the Contractor shall repair or replace said container, at the Contractor's expense, within five (5) Days after receiving notice from the County or Customer. Any replacement container shall be equal to or better than the Collection Container that was damaged or destroyed by the Contractor. 10.6.3 The Contractor shall not be responsible for Unintentional Damage to Customer-owned containers that is caused by the Customer's failure to comply with the Set Out requirements of this Agreement. 10.6.4 The County shall pay the cost of replacing Roll Carts and Recycling Carts that are stolen from a Residential Customer. In such cases, the County may (a) purchase and provide Roll Carts and Recycling Carts to the Contractor or (b) reimburse the Contractor for the purchase price of the Roll Carts and Recycling Carts, as documented by the Contractor's invoices. The County shall not pay any profit, mark-up or other charges to the Contractor for the Roll Carts and Recycling Carts. The County's payments to the Contractor for the Roll Carts and Recycling Carts shall be made in compliance with the Florida Prompt Payment Act, Sections 218.70 et seq., Florida Statutes. 10.7 Storaqe of Recvclinq Bins When the Contractor delivers Recycling Carts pursuant to Sections 5.3 and 10.1.2.1 herein, the Contractor shall pick-up the Recycling Bins that currently are used by the Contractor's Residential Customers. The Contractor shall store the County's Recycling Bins at the Contractor's equipment yard in Collier County or another location that is acceptable to the County and Contractor. The County's Recycling Bins shall be maintained in a safe, secure location and shall be protected from harm until October 1, 2007 or until the County's Recycling Bins are removed by the County, whichever occurs first. 11 Vehicles and Equipment 11.1 General Provisions 11.1.1 The Contractor shall purchase and/or lease, and maintain and repair, all vehicles and equipment necessary to maintain its approved Collection 33 of 71 _._.__..'_e"__._----'---.·-.···.- ,',.-.--- ._--~- y",- ...---'»', lOA schedules, and to promptly and efficiently comply with the requirements in this Agreement. The Contractor's vehicles and equipment shall be compatible (in size and weight) with, and appropriate for, the areas where such vehicles and equipment are utilized. 11.1.2 Collection vehicles and equipment shall be a standard product of a reputable manufacturer so that continuing service, and the supply and delivery of spare parts, may be ensured. Replacement parts do not need to be a product of the same manufacturer. 11.1.3 All Collection vehicles shall have waterproof seals and shall be watertight to a depth sufficient to prevent the discharge or leaking of accumulated water during loading and transport operations. The Collection vehicles shall have solid metal sides and a fully enclosed metal top. 11.1.4 As an alternative to a fully enclosed metal top, the Contractor's Collection vehicles may be equipped with a tarpaulin or a net cover with mesh openings not greater than one and one-half (1 Yz) inches in size. The cover shall be kept in good mechanical order, without holes. The cover shall fully enclose the Contractor's Load at all times when the vehicle's speed exceeds 20 miles per hour. 11.1.5 Vehicles transporting Program Recyclables shall be covered to protect paper recyclables from rain, and to prevent Program Recyclables from blowing or falling out of the vehicle. 11.1.6 Prior to use, a tare weight shall be established for all of the Contractor's Collection vehicles. At the County's discretion, the tare weight of any Collection vehicle may be checked at any time. The County shall adjust its scale house and records if there are any changes in the tare weight. 11.1.7 Except for extraordinary circumstances, as determined by the Director, all Collection vehicles and equipment shall be empty and devoid of all Solid Waste prior to the commencement of daily Collection Service. 11.2 Ancillary Eauipment 11.2.1 All vehicles used to provide Collection Services under this Agreement shall be equipped at all times with: (a) all safety equipment required by Applicable Laws; (b) a fire extinguisher; (c) a shovel and broom; (d) a spill response kit; and (e) an audible back-up warning device. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from Contractor's Collection vehicles. 11.2.2 All vehicles used to provide Collection Services under this Agreement shall be equipped with a two-way radio, cellular telephone, or other equipment appropriate for communications between the vehicle operator, the Field Supervisor, and the District Manager. The proposed communications system is subject to approval by the Director. 11.2.3 All vehicles used for Collection of White Goods or Electronic Equipment shall be equipped with appropriate ancillary equipment so as to avoid breakage of the Electronic Equipment, or loss of Freon from White Goods, during Collection. 34 of 71 " ..__.-~~~ -.- ~"-_.-~- lOA 11.2.4 All of the Contractor's Collection vehicles shall be equipped with Global Positioning Systems ("GPS"). The GPS equipment shall be used to track the vehicles' movements while providing Collection services pursuant to this Agreement. Upon request, the Contractor shall promptly provide its GPS logs and records to the Director. 11.3 Reserve Vehicles and Equipment 11.3.1 The Contractor shall have sufficient reserve vehicles and equipment available to complete daily Collection routes according to the schedules and hours of Collection established in this Agreement. The use of reserve vehicles and equipment shall include, but not be limited to, occasions when front line vehicles and equipment are out of service, or delays prevent front line vehicles and equipment from completing their daily Collection route(s) within the established hours of Collection. 11.3.2 The reserve vehicles and equipment shall be ready to go into service within two (2) hours of any breakdown. The reserve vehicles and equipment shall be similar in size and capacity to the vehicles and equipment being replaced. 11.4 Maintenance and Condition 11.4.1 At a minimum, all of the Contractor's Collection vehicles and equipment shall be maintained in compliance with the manufacturer's specifications. 11.4.2 The Contractor's Collection vehicles and equipment shall be kept in good repair and appearance, and in a sanitary, clean condition, at all times. Vehicles shall be washed thoroughly on the outside, and sanitized with a suitable disinfectant and deodorant, a minimum of once-per-week (or more frequently if necessary). 11.4.3 The Contractor shall monitor, maintain and repair its Collection vehicles and equipment to prevent fuel and lubricant spills. Oil and hydraulic systems, and waterproof seals and enclosures, on the Contractor's vehicles and equipment shall be kept in good repair to prevent leaking. 11.5 Identification 11.5.1 The Contractor's name and the County's customer service telephone number shall be displayed at all times, in letters at least four (4) inches high, on both side doors of the Contractor's Collection vehicles. The Contractor's telephone number also may be displayed beneath the County's customer service number. Truck identification numbers shall be displayed at all times, in letters at least four (4) inches high, on all four (4) sides of all Collection vehicles. 11.5.2 All Collection vehicles shall display information approved by the Director concerning the type of material (Solid Waste, Yard Trash or Recyclable Materials) being collected. The information shall be displayed at all times, on both sides of the vehicle body, in letters at least six (6) inches high. The information displayed on the Contractor's vehicles shall be subject to Contractor's approval, which shall not be unreasonably withheld. 11.5.3 Contractor shall label its Commercial Containers with letters and/or numbers at least four (4) inches high. The labels shall be placed on at least two (2) sides of each Commercial Container. At least one of the labels 35 of 71 .~._...'-.~.~, ----.-.-- ---.~-,-- _.,-~-,_._-_. lOA shall be readily visible when the container is placed at a Commercial Customer's site. 11.6 Compliance with the Law 11.6.1 At all times, the Contractor and its employees shall operate and maintain all Collection vehicles and equipment in compliance with all Applicable Laws. 11.6.2 At all times, the Contractor shall maintain all necessary licenses and registrations, and shall timely pay all fees and taxes, on all vehicles and equipment, as required under Applicable Laws. 11.6.3 All equipment shall be operated in compliance with the Florida Uniform Traffic Control Law, Sections 316.515 through 316.6105, Florida Statutes, and the County Ordinances, as amended from time to time. 11.7 County's Riqht to Inspect Vehicles 11.7.1 The Director may inspect the Contractor's vehicles, equipment, licenses and registrations at any reasonable time. The County reserves the right to inspect each Collection vehicle, each day, prior to its use in the County. 11.7.2 The Director shall have the authority to require the Contractor to immediately remove from service any Collection vehicle or equipment that is leaking or spilling fluids, Solid Waste, or Recyclable Materials. The Director also may require any Collection vehicle to be washed within one (1) Day. In such cases, the Contractor shall immediately notify the Director of the remedial action that will be taken to correct the problem. 11.8 Storaqe and Repair The Contractor shall provide a garage and maintenance facility for its vehicles and equipment that enables all-weather, year-round maintenance operations. The Contractor shall not use County property to store or house any vehicles or equipment. 12 Employees and Supervisors 12.1 District Manaqer Contractor shall appoint an employee to serve as the District Manager. The District Manager shall be the primary point of official contact on behalf of the Contractor for all technical and administrative matters pertaining to this Agreement. The District Manager must have at least ten (10) years of prior managerial experience with programs of this nature and size. The District Manager shall have the authority to make significant decisions relevant to the day-to-day operation of Contractor's program under this Agreement. The District Manager shall have direct access to the Contractor's management for resolving problems beyond the District Manager's authority. At all times during the term of this Agreement, the Director shall have immediate access to the District Manager, and the District Manager shall be one hundred percent (100%) dedicated to overseeing and implementing the Contractor's performance under this Agreement. Any communications or writings that are required under this Agreement to be given to the Contractor shall be delivered to the District Manager. Such communications or writings shall be deemed received by the Contractor when delivered to the District Manager. 36 of 71 -.-..----.----.----..-----.-"..- '.. -- ...._~,__'.~_,__.,"'... .^~"H_ "..--- ~._--"..,.~---. IDA 12.2 Field Supervisor The Contractor shall designate a Field Supervisor(s), who shall oversee the provision of the Collection Services under this Agreement. The Field Supervisor(s) shall have immediate access to an automobile or pick-up truck, and shall be readily available by two-way radio or cellular telephone, at least between 6:00 a.m. and 6:00 p.m., Monday through Saturday. 12.3 Employee Conduct All Contractor personnel shall maintain a courteous and respectful attitude toward the public at all times. The Contractor shall instruct its employees to avoid loud and/or profane language at all times during the performance of their duties under this Agreement. 12.4 Employee Appearance and Identification The Contractor shall furnish each employee with an appropriate means of identifying him/her as an employee of the Contractor. The identification need not be a uniform or a complete set of clothing, but must be sufficient to ensure easy identification. The Contractor's employees shall wear the identification at all times while on duty. Shirts must be worn at all times. The Director has the right to approve the identifiers or identification furnished by the Contractor. 12.5 Removal of Employees The Director reserves the right to disapprove and request removal of any Contractor personnel assigned to the County's work. Such disapproval or request shall be for reasonable cause only and shall be addressed in writing to the Contractor's District Manager. Notwithstanding the foregoing, the Contractor shall not be required to take any action with regard to the Contractor's personnel that would violate any Applicable Law. The Contractor shall defend, save, and hold the County harmless from and against legal actions by any employees so removed. 12.6 Employee Traininq and Licenses 12.6.1 All of the Contractor's employees shall be qualified and appropriately trained for the tasks assigned to them. The Contractor shall provide refresher courses and additional training to its employees, as needed, to ensure compliance with the requirements of this Agreement and all Applicable Laws. 12.6.2 At all times when operating vehicles or equipment pursuant to this Agreement, the Contractor's employees shall carry a valid Florida driver's license for the type of vehicle or equipment being operated. 12.6.3 The Director may request the Contractor's employees to produce their driver's license for inspection at any time when the employee is on duty. 13 Local Office 13.1 The Contractor shall maintain a customer service/dispatch office within the County. The Contractor's office shall be open for business, and Contractor shall have personnel available for the purposes of dispatch, complaint resolution, and other matters, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, and on Saturdays from 6:00 a.m. until 3:00 p.m., or until the Contractor's last Collection 37 of 71 ,.--> -..".., --- "",._" lOA vehicle returns to Contractor's equipment yard, whichever is later. The office shall be equipped with a two-way communication system that can be used to contact the Director, the Contractor's District Manager, the Contractor's Field Supervisor, and all of the Contractor's Collection vehicles. 13.2 The Contractor's office shall be equipped with sufficient personnel and equipment to document and timely respond to Legitimate Complaints. A responsible, experienced Person shall be present and in charge of the office during all business hours, Monday through Saturday. Contractor shall use an answering machine or answering service to record messages when the office is closed. 13.3 The Contractor shall establish a process for receiving and handling emergency calls, both during and after normal operating hours. Such process shall be subject to the Director's approval. 13.4 The Contractor shall provide all of its electronic reports and communications to the County in a format that is compatible with the County's software programs. 13.5 Upon request of the Director, the Contractor shall provide adequate space in the Contractor's office to house a County employee. The Contractor also shall provide a computer connection to the Internet and a telephone for the County employee. The Contractor shall cooperate with and assist the County employee, who will monitor the Contractor's operations and compliance with the Agreement. 14 Handling of Complaints 14.1 The Director shall be responsible for receiving all complaints from Customers. 14.2 Any complaint received by the Contractor shall be forwarded to the Director within one (1) hour after the complaint is received by the Contractor. 14.3 The Director shall determine whether a Customer's complaint is a Legitimate Complaint. Legitimate Complaints include but are not limited to: · Missed Collections; · Failure to respond to Missed Collections in compliance with the requirements of this Agreement; · Mishandling of Solid Waste, Recyclable Materials or Collection Containers; · Damage to public or private property; · Failure to obey traffic regulations; and · Discourteous treatment of Customers. 14.4 The Director shall notify the Contractor when the Director determines that a Customer has a Legitimate Complaint. The Director shall coordinate with the Contractor to ensure that all Legitimate Complaints are promptly resolved. 14.5 The Contractor shall take whatever steps are necessary to remedy the cause of a Legitimate Complaint within six (6) hours after receiving notice from the Director. 14.6 The Contractor shall inform the Director about the status of each Legitimate Complaint within six (6) hours of receiving notice from the Director. 38 of 71 .".""_.,o.".._",.__,,,_,·..,..~,.-.,,"_"""_-" --- -- -- lOA 14.7 The Contractor may request and the Director shall grant additional time to remedy a Legitimate Complaint when the Contractor uses its best efforts to correct the problem, but is unable to do so within six (6) hours. 14.8 In all cases, the Contractor shall notify the Director within six (6) hours after the Legitimate Complaint is resolved and shall provide a written summary within one (1) Day. 15 Customer Dispute Resolution 15.1 The Director shall investigate all unresolved disputes between the Contractor and a Customer, including but not limited to disputes concerning the proper interpretation and implementation of this Agreement and the Ordinance. The Director shall resolve such disputes. 15.2 The Director shall notify the Contractor and the Customer in writing of the Director's determi nation about the disputed issues, including any deficiencies in their respective performance. 15.3 The Contractor and Customer shall have ten (10) Days to correct any deficiency or provide the Director with a written request for a hearing before the Manager. 15.4 If a request is filed, the Manager shall act upon such request within twenty (20) Days. The Manager shall provide the parties an opportunity to present their arguments and evidence concerning the relevant issues. The Manager shall notify the Customer, the Contractor, and the Director in writing concerning the Manager's decision. The Manager may: confirm, in whole or in part, the Director's findings; relieve the Contractor or the Customer of responsibility for their deficiencies; or take whatever other action the Manager deems necessary and appropriate. The Manager's decision shall be final and non-appealable. 16 Record Keeping and Reporting 16.1 Record Keepina 16.1.1 Eauipment Maintenance Loa. Contractor shall keep a maintenance log for each vehicle and piece of equipment used for Collection Service. At a minimum, the log shall show: the identification number for the vehicle or equipment; the date and description of all routine maintenance activities; and the date and description of all repair activities. 16.1.2 Non-Collection Notice Loa. Contractor shall maintain a log of all occasions when Non-Collection Notices have been placed. The log shall include: the date when the notice was placed; the Customer location; the Customer type (Le., Residential or Commercial); and the reason for each Non-Collection Notice. 16.1.3 Leaitimate Complaint LOQ. Contractor shall maintain a log of all Legitimate Complaints. The log shall include: the date and time when the Contractor was notified by the County; the Customer's location; Customer type; a description of the complaint; the date and time when the complaint was resolved; and a description of how the complaint was resolved. 39 of 71 ~,,-~ H'""~.,·,·.,..", _.-.._-,-*..-,---~-~...,-----".. lOA 16.1.4 Proqram Recvclables Loq. Contractor shall maintain a log concerning the Program Recyclables that the Contractor collects in the County. The log shall identify: the amount of Program Recyclables collected each month in the City of Naples, the City of Marco Island, and Everglades City; the corresponding amounts for the other areas in Service District I; the names and locations of the Recycling Facilities where the Program Recyclables were delivered; and the amounts that were delivered to each Recycling Facility. This information shall be reported separately for each type of Recyclable Material. The Contractor's log shall clearly explain how the Contractor estimated the amount of Recyclable Material in any instance where weight records are not available. 16.1.5 White Goods Loq. Contractor shall maintain a log concerning the White Goods collected by the Contractor. The log shall identify: the date of Collection; the Customer's location; and the number and types of White Goods collected. 16.1.6 Tire Collection Loq. Contractor shall maintain a log concerning the Tires collected by the Contractor under this Agreement. The log shall identify: the date of Collection; the Customer's location; and the number of Tires collected. 16.1.7 Bulk Waste Loq. Contractor shall maintain a log concerning the Bulk Waste collected by the Contractor under this Agreement. The log shall identify: the date of Collection; the Customer's location; the type of materials collected; and the approximate volume and weight of the materials collected. 16.1.8 Electronic Equipment Loq. Contractor shall maintain a log concerning the Electronic Equipment collected by the Contractor under this Agreement. The log shall identify: the date of Collection; the Customer's location; the type of Electronic Equipment collected; the approximate volume and weight of the materials collected; the names and locations of the Recycling Facilities where the Electronic Equipment was delivered, and the amount of Electronic Equipment that was delivered to each Recycling Facility. 16.1.9 All of the Contractor's logs shall be kept current and up-to-date. The logs shall be maintained in an electronic database that is compatible with the County's software systems. The database shall be available for inspection by the County at any time during normal business hours. The information in the logs shall be provided to the Director, upon request, within one (1) Day. 16.1.10 The general format and content of the Contractor's logs shall be subject to the Director's approval. 16.2 Monthlv Report 16.2.1 Contractor shall submit Monthly Reports to the Director within fifteen (15) calendar days after the end of each month. The form and content of the reports are subject to the Director's approval. 16.2.2 At a minimum, the Monthly Report shall provide the following information concerning Residential Customer service: 40 of 71 --.-.'. "_·W"··~ ~'--"'-"'"""-"-""--"'-','..,.._- . IDA" 16.2.2.1 Tonnage collected during the month for each of the following materials: Solid Waste; Program Recyclables; corrugated cardboard; and Yard Trash. The tonnages for each material shall be reported separately for: (a) Customers occupying Multi-Family Residences and receiving Commercial Collection Service; (b) Customers occupying Multi-Family Residences and receiving Residential Collection Service; and (c) all other Residential Customers. 16.2.2.2 Tonnage collected during the month in the City of Naples, the City of Marco Island, and Everglades City for each of the following materials: Solid Waste; Program Recyclables; corrugated cardboard; and Yard Trash. The tonnages for each material shall be reported separately for: (a) Customers occupying Multi-Family Residences and receiving Commercial Collection Service; (b) Customers occupying Multi-Family Residences and receiving Residential Collection Service; and (c) all other Residential Customers. 16.2.2.3 The total number of Customers served during the month and the number of: (a) Customers occupying Multi-Family Residences and receiving Commercial Collection Service; (b) Customers occupying Multi-Family Residences and receiving Residential Collection Service; and (c) other Residential Customers. 16.2.2.4 The number of Residential Customers participating in the Recycling Program. 16.2.2.5 Number, type, and weight of White Goods and Electronic Equipment collected during the month. 16.2.2.6 Number of Tires collected during the month. 16.2.2.7 Number of Non-Collection Notices issued to Customers during the month. 16.2.2.8 Number of Missed Collections, and the total number of Legitimate Complaints, during the month. 16.2.2.9 The number of Recycling Carts and Roll Carts distributed during the month, plus the total number of Recycling Carts and Roll Carts provided to Residential Customers during the Agreement Year. 16.2.3 The Monthly Report shall provide the following information for Commercial Customer service: 16.2.3.1 For each Commercial Customer: the name and mailing address of the Customer; the location, size and number of containers used by the Customer; the owner of the containers; the frequency of Collection for each container; and any Supplemental Collection Service received. 16.2.3.2 Tonnage collected during the month for each of the following materials: Solid Waste; Program Recyclables; and Yard Trash. 16.2.3.3 Tonnage collected during the month for each of the following materials: newspaper; glass; aluminum cans; steel cans; and corrugated cardboard. 16.2.3.4 Number of Missed Collections, and the total number of Legitimate Complaints, during the month. 41 of 71 -.- *"..- ,...,-,--,- ,_.,,~- IDA 16.2.3.5 Names and addresses of any Commercial Customers that were offered and declined Collection Service for Recyclable Materials. 16.2.4 The Contractor shall identify each number in the Monthly Report that is based on an estimate and shall clearly explain how the Contractor estimated the number used in the report. 16.3 Annual Report 16.3.1 Contractor shall submit Annual Reports to the Director within thirty (30) calendar days after the end of each Agreement Year. 16.3.2 At a minimum, the Annual Report shall include the following information: 16.3.2.1 Annualized information for all items required in the Monthly Report for Residential and Commercial Customer service. 16.3.2.2 An updated list of all vehicles and equipment used to provide Collection Services under this Agreement, including make, type, year, license number, and 10 number for each. 16.3.2.3 An updated Collection Plan, including current route maps and schedules for all Collection Services provided under this Agreement. 16.3.2.4 A description of any public education activities completed by the Contractor and a general accounting of the amount of money expended during the year for educational purposes. 16.3.2.5 A description and inventory, indicating quantities and condition, of the equipment, facilities, manpower, and other resources the Director deems necessary for emergency conditions. 16.3.2.6 A trend analysis and overall evaluation of the number and types of Legitimate Complaints received by the Contractor on a monthly and annual basis during the term of this Agreement. The evaluation shall include a corrective action plan for systemic and chronic problems. 16.3.2.7 An updated Contingency Plan. 16.3.2.8 A summary of all accidents and Legitimate Complaints involving damage to public or private property. 16.3.2.9 Upon request by the Contractor, the Director may waive one or more of the requirements for the Annual Report. 16.4 Other Reports. Documents and Notifications 16.4.1 Residential Recvclinq Participation Report. Contractor shall perform a "Set Out" count of Customer participation in the residential recycling program, in March and September of each Agreement Year. Contractor shall provide reports to the Director concerning the Collection of Residential Program Recyclables and Residential Yard Trash no later than April 15th and October 15th, respectively. The Director and the Contractor shall agree on the format of the reports. The reports shall evaluate the data for each Collection route, and for all Collection routes combined. These counts shall be performed under the direction and to the satisfaction of the Director. 16.4.2 Updates to Safety Plan. Contractor shall continuously update its safety plan to reflect any changes in Contractor's operations. The Contractor shall 42 of 71 ,,_.-,-- .. -,._,,-~.,.. '"""'"'--''-''' ...- ..-'",,-_..--- .--,.."'~- ~_..- lOA deliver an updated plan to the Director within five (5) Days whenever any changes are made to the safety plan. 16.4.3 Accidents and Property Damaae. Contractor shall notify the Director of any accidents involving the Contractor's staff, vehicles, or equipment requiring notification to OSHA or any other Person under Applicable Laws. Contractor also shall notify the Director of accidents involving damage to public or private property. In all such cases, verbal notice shall be provided within six (6) hours of the accident and a written report shall be provided to the Director within one (1) Day of the accident. If any issues are unresolved at that time, a subsequent report shall be provided to the Director within two (2) Days following the ultimate disposition of the case. The Contractor also shall provide the Director with copies of any reports or notices provided to OSHA or the Department of Transportation, within two (2) Days after such documents are submitted. 16.5 General Record Keepina and Reportina Reauirements 16.5.1 Contractor shall cooperate with the Director and provide every reasonable opportunity for ascertaining whether or not the duties and responsibilities of the Contractor are being performed. 16.5.2 Contractor shall promptly provide any information, in addition to that required explicitly by this Agreement, that the Director or the Contractor deem relevant under the circumstances. 16.5.3 The County shall have the right to inspect, copy, and audit, at the County's expense, all of the Contractor's financial books and records concerning the Contractor's services under this Agreement. Work papers of the Contractor's auditor shall be made available to the Director, upon request. The Director also shall have the right to inspect and copy all of the Contractor's other books and records, except for confidential and proprietary information, concerning the Contractor's services under this Agreement. 16.5.4 The Contractor's documents shall be made available for inspection during normal business hours at the Contractor's office in Collier County. These documents may be copied by the County, at its expense. These documents shall be maintained by the Contractor for at least five (5) years following the date when they were prepared, or the termination of this Agreement, whichever occurs first. 16.5.5 All of the Contractor's reports to the County shall be submitted in a hard copy and in an electronic format approved by the County. The form and content of all reports are subject to the Director's approval. 16.5.6 In any report submitted to the County, the Contractor may include proposals for changes in this Agreement or the County's operations that will increase operating efficiencies or reduce costs for the County. 43 of 71 -.-""". _m ..,--,----- ...........-.".. lOA 17 Education, Promotion and Public Awareness 17.1 Participation in County Activities Contractor shall participate in the County's Solid Waste program activities, including but not limited to: public appearances in support of the County's Recycling Program; use of the County's recycling theme, colors, and logos on Collection vehicles and containers; distribution of promotional literature; participation in special events; special educational presentations; and similar activities. All literature shall include a County phone number, approved by the Director. From time to time, but not more than twelve (12) times per year, Contractor shall assist and/or support the County at local special events (e.g., Earth Day). Examples include but are not limited to: using Collection vehicles to participate in local parades; bringing Collection vehicles to special events; and providing staff to assist County staff at various informational booths. The Contractor shall not be required to staff booths more than a total of 60 Person hours per year. 17.2 Usaqe of County Themes and Loqos Upon request, Contractor shall display the County's recycling, waste reduction, and conservation themes and logos on signs (decal or painted) on designated Collection vehicles. Lettering size shall be appropriate to the size of the sign. The Director shall approve the content, style, size and form of such signs. The signs also shall be subject to the Contractor's approval, which shall not be unreasonably withheld. 17.3 Distribution of Information with Recyclinq Containers Contractor shall distribute informational, promotional and educational materials (e.g., brochures, newsletters, door hangers, etc.) provided by the County. The materials shall be delivered to the Customer with the delivery of each new or replacement Recycling Container. 17.4 Distribution of Information to Commercial Customers Contractor shall provide information to all Commercial Customers regarding the County's Recycling Program, waste reduction program, Hazardous Waste collection program, and related matters. This information shall be distributed in March and November of each Agreement Year. The form and content of this information shall be subject to the Director's approval. 17.5 Production and Distribution of Promotional and Educational Material In addition to the staffing requirements in Section 17.1, Contractor shall expend $50,000 per Agreement Year assisting the County with educational, promotional, and public awareness activities, including, but not limited to the following: 17.5.1 At its expense, Contractor shall mail one (1) Solid Waste informational document, developed and published by the County, to all Customers in the Contractor's Service District. The document shall be distributed quarterly each Agreement Year. The County shall give the Contractor a minimum of four weeks notice prior to the mailings. Contractor shall perform mailings under the direction and to the satisfaction of the Director. 17.5.2 At its expense, Contractor shall distribute pre-printed promotional materials (e.g., brochures, newsletters, flyers, door hangers, magnets), up to four (4) times per Agreement Year, to all Customers in the Contractor's Service District. These materials shall be developed and provided by the County to 44 of 71 --~--, ._<~.~,,-_. .' ~..,....._....._".".. .. _._~- - ".,~=- lOA educate Residential and Commercial Customers about the proper methods to be used to Set Out their Solid Waste, Yard Trash and Program Recyclables, and to provide other information concerning the County's Solid Waste program. 17.5.3 At its expense, Contractor shall publish a quarter-page, County-prepared advertisement, promoting Solid Waste programs. The advertisement shall be published twice each Agreement Year in the newspaper that has the largest local circulation. 17.5.4 When determining whether the Contractor has satisfied its obligation to spend $50,000 per Agreement Year on educational activities, the County shall consider and include the Contractor's out-of-pocket costs for printing, publishing, and mailing educational materials to Customers pursuant to Sections 5.3 (during the transition before the Commencement Date), 17.1, 17.2, 17.3, and 17.4, above, but shall not include any costs incurred by the Contractor pursuant to Section 17.6, below. 17.6 Public Notices Concerninq Chanaes in Collection Services At its expense, the Contractor shall prepare and publish a notice whenever the Contractor's schedule or Collection Days are changed for Residential Customers. The notice shall be subject to approval by the Director. The notice shall be placed in the newspaper that has the largest circulation in the County. The notice shall cover at least one-quarter (1/4) of a page in the general section of the newspaper (i.e., not in the legal or classified advertisements). The Contractor also shall mail or deliver the notice to each Residential Customer within the Contractor's Service District that will be affected by the change. The notices shall be published and delivered not less than ten (10) calendar days and not more than thirty (30) calendar days prior to the Contractor's change in service. 18 Changes to Services 18.1 Addition or Deletion of Recyclable Materials 18.1.1 If the County decides to change the Materials Acceptance Protocol, or add or delete Program Recyclables, the County and Contractor shall enter into good faith negotiations to amend this Agreement, if necessary, to reflect such modifications. If the County determines it is appropriate to add or delete Program Recyclables, Contractor shall be given at least sixty (60) days to adjust its services accordingly. 18.1.2 If the County and Contractor fail to reach an agreement regarding the Rate to be paid following the addition or deletion of any Program Recyclables, the County may require the Contractor to participate in mediation, as specified in Section 30 of this Agreement. 18.2 Recyclina Facility in Collier County 18.2.1 The County may require the Contractor to deliver Recyclable Materials collected in Service District I to a Recycling Facility located in Collier County. The Director shall give the Contractor at least three hundred sixty- five (365) calendar days notice before requiring the Contractor to use a Recycling Facility designated by the County. The Contractor shall not 45 of 71 .------ -~--"- ---,-.... lOP receive any additional fee or an increase in the Rates for taking Recyclable Materials to the County's Designated Site in Collier County. 18.2.2 If the County requires the Contractor to deliver Recyclable Materials to a Designated Site in Collier County, the County shall reimburse the Contractor for the lost profits, if any, that the Contractor would have earned under this Agreement from the sale of those Recyclable Materials. The County's obligation to reimburse the Contractor for lost profits shall only apply to those Recyclable Materials that will be collected in Service District I and delivered to the Designated Site during the remaining portion of the term of the Agreement, prior to any subsequent renewals. Any disputes concerning the amount of the Contractor's lost profit shall be resolved through the dispute resolution process described in this Agreement. 18.3 Provision of Service Upon Termination If this Agreement is terminated by the County, the Board may, at its sole discretion, authorize one or more qualified hauling contractor(s) to provide Collection Services for Solid Waste, Program Recyclables, and Yard Trash in Service District I, under such terms and conditions as the Board deems appropriate. 18.4 Collection and Processinq of Commercial Orqanics 18.4.1 If the County decides to collect and process Commercial Organics, the County shall give the Contractor an opportunity to submit a proposal for providing these services in Service District I. If the County and Contractor are unable to negotiate a mutually acceptable agreement for the provision of these services, the County may issue a request for proposals or take such other action as it deems appropriate. 18.4.2 If the County executes a contract with a Person other than the Contractor for the Collection of Commercial Organics in Service District I, the County shall give notice to the Contractor at least ninety (90) calendar days before the Person begins to collect Commercial Organics pursuant to its contract with the County. In such case, the County shall reimburse the Contractor for the lost profits the Contractor would have earned under this Agreement from the Collection of Commercial Organics in Service District I during the remaining portion of the term of this Agreement, prior to any renewals of the Agreement, but only if and only to the extent that: (a) the County's Collection of Commercial Organics directly causes a reduction in the amount of Solid Waste collected annually by the Contractor; and (b) the reduction is greater than five percent (5%). 18.4.3 For the purpose of Section 18.4.2, "lost profit" means a reduction in the Contractor's net revenue that was directly caused by a reduction in the amount of Commercial Organics collected by the Contractor under this Agreement. lost profit does not include a reduction in net revenue that was caused by increased capital or operating expenses. 18.4.4 For the purpose of Section 18.4.2, the parties shall determine whether there has been a reduction in the amount of Solid Waste collected under this Agreement by comparing (a) the amount of Solid Waste collected during the first twelve months after the County begins to collect Commercial Organics and (b) the amount of Solid Waste collected during the prior twelve months. 46 of 71 -.-"'--. -,.- ___." _.'_ ___n.".·.".w,_·.··._<._, .-'-.- lOA 18.4.5 To calculate lost profits under Section 18.4.2, the parties shall: (a) determine the net revenue the Contractor earned for the Collection of one ton of Commercial Organics during the twelve (12) months before the County began to collect Commercial Organics; (b) determine the extent to which the reduction in the Contractor's Collection of Solid Waste exceeded five percent (5%); (c) convert the value identified in subsection (b) into tons; and (d) multiply the Contractor's net revenue per ton, as determined pursuant to subsection (a), by the appropriate number of tons, as determined pursuant to subsection (c), and by the remaining number of years (or fractions thereof) in the term of the Agreement. This calculation may be expressed by the following formula: LP = NRPT x ET x T Where: LP is the amount of the Contractor's lost profit; NRPT is the Contractor's net revenue per ton; ET is the excess tonnage (Le., the amount greater than a 5% reduction in the Contractor's Collections); and T is the time (years) remaining under the Agreement. 19 Additional Services 19.1 Commercial Waste Reduction The County reserves the right to negotiate with the Contractor to implement incentives to increase the diversion of Commercial Recyclables from the Naples Landfill. 19.2 Community Service At its expense, Contractor shall provide the following services for community programs, in accordance with applicable Board resolutions: 19.2.1 Provide Collection Service for monthly community clean-up projects. Collection Service for each community clean-up shall include: up to four (4) sites; a minimum of two (2) roll-off containers at each site; and a minimum of three (3) additional roll-off containers per site, with one each for Yard Trash, White Goods, and Tires. Each roll-off container shall be emptied up to three (3) times. The County shall pay the Tipping Fee for the disposal of materials collected during the community clean-ups. 19.2.2 Provide Curbside Collection for up to four thousand (4,000) thirty-two (32) gallon bags of Solid Waste, and up to four hundred (400) thirty-two (32) gallon bags of Program Recyclables, collected annually during Keep Collier County Beautiful events or similar clean-ups. The County shall pay the Tipping Fee for the disposal or processing of the collected materials. 19.2.3 Transport ("backhaul") the County's compost to County parks. The County and the Contractor shall agree on the schedule of delivering the compost. The Contractor shall haul at least twenty-four (24) Loads of Compost per year. 4 7 of 71 ,_._.,--~. o··_·····,~" ~".."- - ,... lOA 19.3 Pilot Studies During the term of this Agreement, the County will likely conduct pilot studies to evaluate strategies that may increase recycling, waste reduction, Collection efficiency, or reduce the County's costs. Contractor shall cooperate with the County in conducting such pilot studies, and shall enter into good faith negotiations with the County if additional services are necessary from the Contractor to carry out the pilot studies. 19.4 Electronic Eauipment The Contractor shall collect and process Electronic Equipment that is discarded in the Contractor's Service District. At a minimum, the Contractor shall provide the following services at no cost to the County; except as otherwise provided below: 19.4.1 The Contractor shall hold two major events each year for the collection of Electronic Equipment. These events shall be held at a time and place that are mutually acceptable to the Contractor and County. The Contractor shall provide a container for the Collection of Electronic Equipment at these events. The Contractor also shall provide on-site staff to accept and manage the Electronic Equipment delivered to the site. Contractor shall transport the Electronic Equipment to an appropriate Recycling Facility for processing. 19.4.2 The Contractor shall place a container at each one of the County's transfer stations for the collection of Electronic Equipment. The Contractor shall empty the container, as necessary, and shall transport the Electronic Equipment to an appropriate Recycling Facility for processing. The Contractor also shall train the appropriate members of the County's staff concerning the proper management of these materials. 19.4.3 The County shall reimburse the Contractor for the cost of processing the Electronic Equipment collected at the semiannual events and the County's transfer stations. The County shall be billed on a monthly basis for the processing services. The County shall only pay the Contractor's actual cost, as documented by invoices, without mark-ups or additional fees. The cost of processing the Electronic Equipment shall not include the cost of collecting, transporting or handling the Electronic Equipment. 19.4.4 The Director may terminate the Contractor's services for Electronic Equipment at any time, in the Director's sole discretion. The Director may expand the scope of the Contractor's services, on terms that are mutually acceptable to the parties. 19.4.5 The materials classified as Electronic Equipment may be expanded or revised with the mutual consent of the County and the Contractor. 19.4.6 When Electronic Equipment is collected by the Contractor pursuant to this Agreement, the Contractor initially shall transport the Electronic Equipment to a Designated Site in Collier County, as instructed by the Director. At the Designated Site, the County shall wrap and prepare the Electronic Equipment for shipment to a Recycling Facility. The Director shall notify the Contractor when the Electronic Equipment is ready for shipment to a Recycling Facility. The Contractor shall remove the Electronic Equipment 48 of 71 .-,.,.__..~ ~_.....m__··~"·_'__''''Mw~."" -" lOA ; from the County's Designated Site within three (3) Days after receiving the Director's notice. 19.4.7 The Contractor shall pay all costs associated with the transportation of the Electronic Equipment to a Recycling Facility, provided that the Recycling Facility is located within two hundred (200) miles of the County. The County shall reimburse the Contractor for the incremental fuel costs incurred by the Contractor if the Director instructs the Contractor to use a Recycling Facility located more than 200 miles from the County and those incremental fuel costs are reasonable and appropriately documented. 19.4.8 At all times, the Contractor shall handle Electronic Equipment carefully to minimize breakage and damage. The Contractor shall collect all Electronic Equipment manually, except when the Electronic Equipment has been placed in a Commercial Container by a Person other than the Contractor. 20 Emergency Situations and Disaster Debris 20.1 Use of Contractor Services If excessive amounts of Disaster Debris accumulate because of a hurricane, tropical storm, freeze, or other natural or manmade disaster, the County, at its sole discretion, may utilize the Contractor to assist with Collection of the Disaster Debris. The County also may utilize the County's Disaster Debris Contract in accordance with the County's Comprehensive Emergency Management Plan, as amended from time to time. If the Director determines that an emergency situation exists, the Director may direct the Contractor to perform such work for the Rates specified in Section 26.2 of this Agreement. Nothing herein shall require the County to utilize the services of Contractor, or prevent the County from hiring other parties to perform part or all of such work. The County also reserves the right to utilize County personnel and equipment in the removal of Disaster Debris. 20.2 Variance in Routes and Schedules In the event of a hurricane, major storm, or other natural or man-made disaster, the Director may grant Contractor a variance from the Contractor's regular routes and schedules. In the event such a variance is granted, there shall be a corresponding reduction in payment to the Contractor, if appropriate. As soon as practicable after such a disaster, the Director shall advise the Contractor when normal Collections and routes can be resumed. The County and the Contractor shall make every effort through the local news media to inform the public when regular services can resume. 20.3 Continqencv Plan Contractor shall develop a Contingency Plan, which shall describe the Contractor's plan of action in the event that an emergency or other situation renders the Contractor's operations yard or equipment unusable. The Contingency Plan shall describe the steps that the Contractor shall take to avoid interruptions in Collection Service. The Contingency Plan shall be submitted to the Director by August 1, 2005. Thereafter, the Contingency Plan shall be updated and resubmitted to the Director with the Contractor's annual report pursuant to Section 16.3, and within two (2) Days whenever the plan is revised by the Contractor. 49 of 71 ".~M --.,.,....--.-"." ".-- --~. lOA 20.4 Emerqencv ManaqementlDisaster Meetinqs Contractor shall attend the County's emergency management/disaster preparedness meetings, and shall provide the County with any materials that may be useful to the discussion, including, but not limited to, Collection schedules and routes and security codes to private community gates. The Director shall notify the Contractor of the date, time and location of the meetings, and any necessary materials to be provided by the Contractor. 21 Insurance 21.1 Requirements for Insurance Carriers Contractor shall procure and maintain the following types of insurance coverage at all times during the term of this Agreement. The policies of insurance shall be written on forms acceptable to the County, and shall be placed with an insurance carrier that is approved and licensed by the Insurance Department of the State of Florida and acceptable to the Director. The insurance carrier shall have a minimum financial rating by the A.M. Best & Company of no less than "Excellent", with a minimum class size of "VII". 21.2 Workers Compensation Insurance Contractor shall provide workers compensation insurance, on behalf of all employees who provide a service under this Agreement, as required under any Applicable Law, including Chapter 440, Florida Statutes. Contractor shall provide employers liability insurance with limits not less than: 21.2.1 $1,000,000 per employee per accident 21.2.2 $500,000 disease aggregate 21.2.3 $500,000 employee per disease 21.3 Commercial General Liabilitv Contractor shall provide commercial general liability insurance including, but not limited to, bodily injury, property damage, contractual, products and completed operations, and personal injury, with limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate, covering all work performed under this Agreement. 21.4 Automobile Liabilitv Contractor shall provide automobile liability insurance, including bodily injury and property damage for all owned, leased, hired and non-owned vehicles, with limits of not less than $1,000,000 combined single limit, covering all work performed under this Agreement. (Limits may be satisfied by combining an umbrella form and automobile liability form for a combined total limit of $10,000,000.) 21.5 Umbrella Liabilitv Contractor shall provide umbrella liability insurance with limits of not less than $10,000,000 per occurrence, covering all work performed under this Agreement. 50 of 71 """"0""'- .----- .. ~._"- lOA t'-. 21.6 Hazardous Waste Insurance If regulated quantities of Hazardous Waste are identified while carrying out this Agreement, no further work is to be performed in the area of the Hazardous Waste until the County's Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverages: 21.6.1 Contractor's Pollution Liabilitv. For sudden and gradual occurrences, in an amount no less than $5,000,000 per claim and $5,000,000 in the aggregate, arising out of the work performed under this Agreement, including, but not limited to all Hazardous Waste identified under this Agreement. 21.6.2 Asbestos Liabilitv. For sudden and gradual occurrences, and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate, arising out of work performed under this Agreement. 21.6.3 Hazardous Waste Disposal. When applicable, the Contractor shall designate the disposal site and furnish a certificate of insurance from the disposal facility for Environmental Impairment Liability Insurance, covering liability for sudden and accidental occurrences in an amount not less than $5,000,000 per claim and $5,000,000 in the aggregate, and shall include liability for non-sudden occurrences in an amount not less than $10,000,000 per claim and $10,000,000 in the aggregate. 21.6.4 Hazardous Waste Transportation. When applicable, the Contractor shall designate the hauler and furnish a certificate of insurance from the hauler for automobile liability insurance with Endorsement MCS90 for liability arising out of the transportation of Hazardous Waste, with an amount not less than $1,000,000 annual aggregate, and provide a valid EPA identification number. 21.6.5 Certificates of Insurance. The certificate of insurance furnished by the Contractor shall clearly identify the hazardous material exposure work being performed under this Agreement. 21.7 General Insurance Reauirements Unless otherwise approved by the County's Risk Management Department, all policies required herein, with the exception of workers compensation insurance, are to be written on an occurrence basis, and shall name Collier County, its commissioners, officers, agents, employees, and volunteers as additional insureds. Insurer(s), except with regard to the workers compensation coverage, shall waive all rights of subrogation against Collier County, its commissioners, officers, agents, employees and volunteers. 21.8 All of the insurance requirements imposed on the Contractor in this Agreement also shall be applicable to the Contractor's subcontractors under this Agreement. The Contractor shall be held responsible for any deficiencies, deviations, or omissions in any subcontractor's insurance. 21.9 Each insurance policy required by this Agreement shall: 21.9.1 Apply separately to each insured against whom claim is made and suit is brought, except with respect to the limits of the insurer's liability. 51 of 71 .~- -.-.~^.- --., ~<....,< --- .,-..,-..--- lOA 21.9.2 Be endorsed to state that coverage shall not be modified, suspended, voided, or canceled until 30 calendar days after written notice by certified mail, return receipt requested, has been given to Collier County's Risk Management Department. 21.10 The County shall retain the right to review, at any time, the Contractor's coverage, form, and amount of insurance. Upon request, the Contractor shall provide copies of its insurance policies to the Director within two (2) Days. 21.11 The procuring of required policies of insurance shall not be construed to limit Contractor's liability or to fulfill the indemnification provisions and requirements of this Agreement. 21.12 Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not Collier County is an insured under the policy. 21.13 Claims made policies shall be accepted for professional and such other risks as are authorized by the County's Risk Management Department. All claims made policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two years. If provided an option, the Contractor agrees to purchase the extended reporting period on cancellation or termination, unless a new policy is affected with a retroactive date, including at least the last policy year. 21.14 Certificates of Insurance evidencing Claims Made or Occurrence form coverage and conditions to the Contractor, as well as the County's contract number and description of work, are to be furnished to the Director prior to September 1, 2005, and within thirty (30) calendar days of expiration of the insurance contract, when applicable. All insurance certificates shall be received and approved by the County's Risk Management Department before the Contractor shall be allowed to commence or continue work. 21.15 Notice of Accident (occurrence) and Notice of Claims associated with work being performed under this Agreement, shall be provided to the Contractor's insurance company as soon as practicable after notice to the Contractor of any incident (occurrence) or claim arising out of the terms of this Agreement. The Notice of Accident shall be provided to the Director within two (2) Days. 21.16 At the end of the initial Term and each renewal Term, the County shall have the right to require the Contractor to increase the amount of the insurance coverage provided under this Agreement. 21.17 Should the Contractor at any time fail to maintain the insurance coverages required in this Agreement, the County, at its discretion, is authorized to purchase such coverage and charge the Contractor for the coverage purchased. The County shall be under no obligation to purchase such insurance, or to be responsible for the coverage purchased, or the financial stability of the insurance companies used. 22 Performance Bond 22.1 Contractor shall furnish the County with a Performance Bond or other financial instrument ensuring the faithful performance of this Agreement. The bond shall be 52 of 71 ___c .-- .. r~"h·.'_~ ....~...-._-,~- --'- lOA provided no later than September 15, 2005. The Performance Bond shall be in an amount not less than fifty percent (50%) of the value of one (1) year of the Contractor's Residential Collection Service. The general form of the Performance Bond is shown in Exhibit V(A). The amount of the Performance Bond shall be determined by the Director and calculated in accordance with the formula in Exhibit V(B). The term of the Performance Bond shall be no less than one year, beginning on the Commencement Date. Contractor shall furnish the County with a new Performance Bond for an additional term of not less than one year, from the expiration date of the Performance Bond then in effect, for each year this Agreement is in effect. The new Performance Bond shall be submitted at least thirty (30) days prior to the expiration date of the Performance Bond then in effect. 22.2 The Performance Bond shall be issued by one and only one surety, which shall be a surety company authorized to do business in the State of Florida, and holding a Certificate of Authority from the Secretary of the Treasury under Act of Congress, approved on July 30, 1947 (U.S.C. 613). Acceptable surety companies shall be licensed to do business in Florida and shall have an A.M. Best rating of "A" or better and a "T" Underwriting Limitation, which is not exceeded by this project's Performance Bond. 22.3 The form of the proposed Performance Bond shall be provided to the Director by July 15, 2005, for approval. 23 Assignment and Subletting 23.1 No assignment of this Agreement or any right or responsibility occurring under this Agreement shall be made in whole or in part by the Contractor without the express written consent of the Board. The Board shall have the right to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express written consent of the Board shall be null and void and shall be grounds for the County to declare a default of this Agreement. In such cases, the Board may terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice, this Agreement shall be deemed immediately terminated. Upon such termination all liability of the County under this Agreement to the Contractor shall cease, except for the amounts due and owing for Collection Services completed at that time. Thereafter, the County shall have the right to call the Performance Bond and shall be free to negotiate with any Person for the service which is the subject of this Agreement. 23.2 In the event that the Board's consent to any proposed assignment is denied, Contractor shall continue to provide all of the services required herein for the remainder of the Term. 23.3 If any assignment is approved by the Board, the assignee shall fully assume all of the liabilities of the Contractor. 23.4 The requirements of this Section 23 shall include, but not be limited to cases where the Contractor hires a subcontractor to undertake any of the Contractor's obligations under this Agreement. 53 of 71 ..---'- -... ...._---.--- IDA 24 Transfer of Ownership The transfer of this Agreement, by transfer of ownership, transfer of corporate shares, or any other means to effect a change in the ownership structure of the Contractor, shall be effective only after approval by the Board. An application to transfer this Agreement shall be submitted jointly by the proposed transferor and transferee, and shall contain the same information as necessary as for the granting of a franchise. The proposed transferee shall verify in writing that (a) it will comply with all of the requirements in this Agreement and (b) it has the financial resources, expertise, equipment and other capabilities necessary to do so. The Board may grant or deny the application for transfer, or may grant the application subject to conditions. 25 Payment for Services and Administrative Fees 25.1 Prohibitions on Payments Neither the Contractor nor its agents, subcontractors, employees or other representatives shall accept monetary remuneration from any Customer for the provision of services described in this Agreement, unless such payments are explicitly authorized in this Agreement, and the payments are less than or equal to the amounts authorized. 25.2 County's Obliqation to Pay for Residential Collection Service The County shall be responsible for billing and collecting the fees that must be paid by the County's residents for Residential Collection Service. In turn, the County shall make monthly payments to the Contractor for the Residential Collection Service that the Contractor provides. The Contractor shall be entitled to payment for the services it renders, even if the County does not collect the necessary fees for such services from the County's residents. The Contractor shall be responsible for billing and collecting its fees for any Residential Supplemental Collection Service. 25.3 Procedure for Payment of Residential Service The County's payments to the Contractor for Residential Collection Service shall be made on a monthly basis, for services performed during the previous month, in an amount equal to one-twelfth of the approved annual payment per Residential Customer. Payments to the Contractor shall be calculated by: (a) multiplying the Rate for Residential Collection Service by (b) the number of Residential Customers that received Residential Collection Service during the month, and (c) deducting any liquidated damages assessed against the Contractor. Payment shall be sent to the Contractor within the first twenty (20) Days of the month. 25.4 Addinq New Residential Customers If a new Residential Customer is added to the Customer List, the County shall pay the Contractor for its services to the new Customer, subject to the following conditions. If the Contractor's initial service to a new Customer commences prior to the fifteenth calendar day of the month, the County's payment for that Customer will be for a full month's service. If the initial service commences on or after the fifteenth day of the month, there will be no payment to the Contractor for any services provided that month. 54 of 71 ~_._-~.-._--._.._. -..-.... lOA 25.5 Removinq Residential Customers If the County removes a Customer from the Customer List, the County shall reduce its payments to the Contractor, subject to the following conditions. If the County notifies the Contractor on or before the fifteenth calendar day of the month that the Customer has been removed from the Customer List, the Contractor shall not be paid for any service it provides to the Customer during that month. If the County notifies the Contractor after the fifteenth day of the month that the Customer has been removed from the Customer List, the Contractor shall be paid for the entire month. 25.6 Overpayments and Underpayments for Residential Service If the Contractor provides service to a Person that is not included in the Customer List provided by the County, the Contractor shall provide the Director with appropriate information, in the format required by the Director, concerning the existence of and service to the Person. Upon verifying this information, the County shall revise the Customer List and shall begin remitting monthly payments to the Contractor for its new Customer. If the County pays the Contractor in error, for whatever reason, the Contractor shall promptly notify the Director to rectify the mistake. The Director shall make appropriate adjustments to the Contractor's payments under this Agreement to offset any past underpayments or overpayments resulting from any error. 25.7 Payments for Commercial Service Contractor shall be responsible for the billing and collection of Rates to be charged for Commercial Collection Service and Commercial Supplemental Collection Service, including collection and payment of Tipping Fees. The Contractor shall pay the Tipping Fee at the Designated Site when the Contractor delivers Commercial Waste or Commercial Recyclables. 25.8 County BillinQs for Commercial Service The County, at its sole option, may elect to take over the billing and collection of fees for Commercial Collection Service. If the County elects to do so, the Contractor shall provide the County with a comprehensive list of Commercial Customers, including the location, size and number of containers, and frequency of Collection, in an electronic format approved by the County. The Contractor and County agree to enter into good faith negotiations to amend this Agreement (including Rates) to reflect such a change. 25.9 Administrative Fees To compensate the County for the cost of administration, supervision and inspection required for the effective performance of this Agreement. the Contractor shall pay to the County an administrative fee equal to two percent (2%) of all gross revenues collected from Residential Customers, plus three percent (3%) of all gross revenues collected from Commercial Customers, including disposal fees, arising out of any services or operations governed by this Agreement. The amount of the administrative fee may be adjusted by the County on October 1 of each Agreement Year, beginning on October 1, 2006, but the administrative fee shall not exceed five percent (5%). The administrative fee shall not be increased unless the Rates in Exhibit I are increased appropriately to maintain the Contractor's net revenues. 55 of 71 ,.---.-. " ....,.- -~ -...~,~.-~._. -~. . _._---- '^-~ IDA For the purposes of determining the amount of the administrative fee, gross revenues shall include the disposal fees associated with Residential Collection Service, whether or not such fee is directly collected or paid by the Contractor. The residential disposal fee to be used for this purpose shall be based upon the Rates established in the exhibits attached hereto. Administrative fees shall be payable monthly in arrears with the disposal fees. Any amounts not paid when due shall earn interest at the maximum legal rate. Adjustments to the administrative fee, based upon new or additional information about the Contractor's gross revenues, may be made from time to time by the Director, after providing notice to Contractor. 26 Rates 26.1 Standard Rates 26.1.1 Separate Rates for Residential Collection Service, Commercial Collection Service, and for each Residential and Commercial Supplemental Collection Service, are shown in Exhibits I(A) and 1(8) of this Agreement. 26.1.2 Contractor shall utilize the Rates in Exhibits I and II of this Agreement when billing its Customers. 26.1.3 Contractor is authorized to charge interest at the rate set by Florida Statutes on any delinquent Commercial Customer account. 26.1.4 Contractor may collect a deposit prior to initiating service to a Commercial Customer. The deposit shall not exceed the expected charge for two (2) months service to the Commercial Customer. In the event a deposit is collected, it may be used to offset any delinquent amounts due the Contractor after termination of service. Any remainder of a collected deposit shall be returned to the Commercial Customer. 26.1.5 The Contractor may charge a fee to a Commercial Customer for resumption of service, where the Contractor discontinues service because the Commercial Customer became delinquent in payments. The amount of the fee is set forth in Exhibit 1(8). 26.2 Special Rates for Emerqencv Situations and Disaster Debris If the Director makes a determination that an emergency situation exists and directs the Contractor to collect Disaster Debris, as specified in Section 20 of this Agreement, the County shall pay the Contractor the following rates. 26.2.1 If the quantity of Yard Trash collected from Residential Customers in a given month exceeds 110 percent of the previous four-year average quantity of Residential Yard Trash collected during that month, the County shall pay the Contractor a per-hour rate for each hour needed to collect Yard Trash in excess of 100 percent of the average. The hourly rate for a Federal Emergency Management Administration (FEMA) event is $140.00; the hourly rate for a Non-FEMA event is $125.00. The current four-year monthly averages are provided in Exhibit VII, and will be recalculated annually. 26.2.2 If the quantity of Solid Waste collected from Residential Customers in a given month exceeds 110 percent of the previous four-year average quantity of Residential Solid Waste collected during that month, the County 56 of 71 ~u··__"_. "_..,~._-"- . .-..---.....-.-...-....- "'M"__·' lOA shall pay the Contractor a per-hour rate for each hour needed to collect Solid Waste in excess of 100 percent of the average. The hourly rate for a FEMA event is $140.00; the hourly rate for a Non-FEMA event is $125.00. The monthly averages for 2002-2003 are provided in Exhibit VII. The most recent four year averages will be determined on the Commencement Date and recalculated annually thereafter. 26.2.3 If the County directs the Contractor to utilize roll-off containers for Collection of Disaster Debris, the County shall pay the Contractor per hour for placement and Collection of each roll-off container. The per hour charge for a FEMA event is $115.00; the per hour charge for a non-FEMA event is $100.00. Tipping Fees will be paid by the County. 26.2.4 At its option, the County may pay the Contractor $11.50 per cubic yard for the Collection of Yard Trash, instead of the amounts authorized in Section 26.2.1, above. This fee shall be in effect during the first Agreement Year. Thereafter, this fee shall be reviewed and renegotiated annually. 27 Rate Adjustment 27.1 Annual CPI Adjustments to Collection Rates 27.1.1 The Collection portion of the Residential Customer Rates and the Collection portion of the Commercial Customer Rates (e.g., front-load, compactor, and roll-off Rates) shall be adjusted on October 1st of each year, beginning in the second Agreement Year, as described below. 27.1.2 The Rate shall be adjusted in an amount equal to seventy percent (70%) of the change in the Consumer Price Index ("CPI") during the previous year, but the adjustment shall not exceed five percent (5%) in anyone year. The formula in Exhibit II shall be used to calculate the Rate for the upcoming Agreement Year. 27.1.3 The CPI shall be the lesser of the United States All Urban CPI, or the Southern All Urban CPI, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve (12) months ending on the April 30th that precedes each new Agreement Year. If the CPI is discontinued or substantially altered, the County may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. 27.1.4 Exhibit II contains sample calculations that illustrate how the Collection Rates will be adjusted, based on the CPI. 27.1.5 The fees set forth in Exhibit I(B) for Supplemental Services shall be adjusted annually to account for changes in the CPI. These CPI adjustments shall be made in the same manner as the other CPI adjustments described in this Section 27.1. 27.2 Adjustments to Commercial Disposal Rates 27.2.1 The disposal Rates for Commercial Customers shall be adjusted, in the manner shown in Exhibit II, whenever the Tipping Fee at the Naples Landfill is adjusted. 57 of 71 .~,-- ..",.,..~.~. _._~ IDA 27.2.2 At least thirty (30) calendar days prior to the effective date of any proposed adjustment in the Tipping Fee to be charged at the Naples Landfill, the County shall notify the Contractor of such adjustment, and shall provide the Contractor with a revised calculation of the Commercial Customer Rates (e.g., front-load, compactor, and roll-off Rates), based on the proposed change in the cost of disposal of Solid Waste at the Naples Landfill. 27.2.3 Exhibit II contains sample calculations that illustrate how the disposal Rates will be adjusted, based on changes in the Tipping Fee. 27.3 Chanqes Imposed by Law 27.3.1 If a change in law will directly affect the Contractor's cost of providing its services under this Agreement, the Contractor may prepare a schedule of proposed Rates which shall pass on the increased or decreased costs in a fair and non-discriminatory manner. The schedule shall be accompanied by all the work papers necessary for the Director to fairly evaluate the proposed Rate increase or decrease. The Director shall review the information provided and shall request such additional information as may be necessary. The Director shall determine within forty-five (45) calendar days the merits of the request, and shall make a recommendation to the Board at a regular meeting. Adjustments to the Rates, if any, shall become effective upon the date designated by the Board. 27.3.2 A "change in law" means the adoption, promulgation, or modification of any Applicable Law after the Effective Date, which directly and substantially affects the Contractor's or County's performance under this Agreement. A change in law does not include a change in any tax law or workers' compensation law. 27.4 Extraordinarv Rate Adiustment 27.4.1 Once each Agreement Year, the Contractor may petition the Board for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. Contractor's petition shall contain a detailed justification for the Rate adjustment. Among other things, the Contractor's petition shall include an audited statement of Contractor's historical and current expenses, confirming an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant, licensed in the State of Florida, that is not an employee of the Contractor or its affiliates. At its expense, the County may audit the Contractor's records to evaluate the Contractor's request. The Director may request from the Contractor, and the Contractor shall provide, all of the information that is reasonably necessary for the Director to evaluate the Contractor's petition. 27.4.2 In its sole discretion, the Board shall approve or deny the request within sixty (60) days after the Director receives all of the information needed to evaluate the Contractor's proposal. The Board's decision shall be final and non-appealable. 27.4.3 If the Contractor's request is granted, the Board shall have the right to reduce the Contractor's Rates when the Contractor's costs are reduced. 58 of 71 ..."-~-~..-._. .....,._._-"._.,~. -.. ... -~._~.... IDA .. ,. Every twelve (12) months after a request is granted, the Director shall have the right to request, and the Contractor shall prepare promptly upon request, an updated audit and explanation of whether the extraordinary Rate increase should remain in effect. 27.5 Rate Reductions The Board shall have the right to reduce the Rates, after providing notice to the Contractor and an opportunity for a hearing. The Board may exercise its right when the Board determines that a change in law, a reduction in the Tipping Fee, or extraordinary event warrants a reduction in the Contractor's Rates. 28 Liquidated Damages 28.1 Basis for Liquidated Damaqes The County and Contractor acknowledge and agree that it is difficult or impossible to accurately determine the amount of damages that would or might be incurred by the County due to those failures or circumstances described in this Section 28 and for which the Contractor would otherwise be liable. Therefore, the following administrative assessments shall constitute liquidated damages, not penalties, for the Contractor's breach of this Agreement. These administrative charges may be deducted from the County's payments to the Contractor. 28.1.1 Failure to clean up spilled liquids or material in compliance with the requirements in this Agreement, within the deadlines set forth herein, after notification by the Director or a Customer. Each failure shall result in the imposition of a $250 assessment per event. 28.1.2 Failure or neglect to collect properly prepared Solid Waste, Yard Trash, or Program Recyclables from any Premises at those times provided by this Agreement, within the deadlines set forth herein, after notification by the County or Customer. Each failure shall result in the imposition of a $100 fee. If the Contractor fails to meet the deadlines contained in this Agreement, each additional Day of delay after the initial violation shall result in the imposition of an additional $250 assessment. 28.1.3 Failure or neglect to correct chronic problems (chronic shall mean three (3) or more Legitimate Complaints at the same Premises within a twelve (12) month period) shall result in the imposition of a $250 assessment. The first assessment shall be imposed for the third Legitimate Complaint. Additional assessments may be imposed for each Legitimate Complaint thereafter. If the Contractor has more than five (5) chronic complaint problems within one month, there shall be an additional $500 assessment. 28.1.4 Failure or neglect to complete each street on a route (including missing whole or partial streets) on the regularly scheduled Collection Day, within the deadlines set forth herein, shall result in the imposition of a $500/street/Day assessment. 28.1.5 Intentionally mixing Yard Trash, Program Recyclables, Solid Waste, Electronic Equipment, or any other materials that are required to be collected separately, shall result in the imposition of a $1,000 assessment per occurrence. 59 of 71 *~..~.....-~.".^-- -"..,.,....,...-,.- -~"......."",,--,-,..._,-._._~,.,- IDA 28.1.6 Mixing Commercial and Residential Garbage, Rubbish or Yard Waste during Collection, without prior written approval from the Director, shall result in the imposition of a $1,000 assessment for each occurrence. 28.1.7 Failure to maintain a Collection vehicle or equipment in a clean and sanitary manner shall result in the imposition of an assessment of $100 per vehicle per day. 28.1.8 Mixing Commercial Recyclables and Residential Program Recyclables during Collection, unless prior approval for the mixing has been granted by the Director, shall result in the imposition of a $1,000 assessment for each occurrence. 28.1.9 Failure to resolve Legitimate Complaints, other than Missed Collections, within seven (7) Days of notification shall result in the imposition of a $250 per day assessment for each occurrence until such complaint is resolved to the satisfaction of the County. 28.1.10 Failure to timely file any report or document required herein shall result in the imposition of a $100 assessment for each Day that each report or document is late. 28.1.11 Failure to dispose of Residential Waste or Commercial Waste collected in the Contractor's Service District at a Designated Site shall result in the imposition of liquidated damages equal to the current tip fee at the Designated Site, plus twenty-five percent (25%), for each ton disposed at non-Designated Site. 28.1.12 Failure or neglect to correct chronic equipment problems (chronic shall mean three (3) instances of the same or similar problem with the same equipment/truck within a twelve (12) month period) shall result in the imposition of a $250 assessment. The first assessment shall be imposed for the third problem. Additional assessments may be imposed for each problem thereafter. 28.1.13 Failure to properly and legibly label Recycling Containers, Commercial Containers and/or Roll Carts within five (5) Days of receiving notice from the Director, shall result in the imposition of a $100 assessment for each container not properly labeled. 28.1 .14 If the Contractor fails to comply with any provision of this Agreement for which liquidated damages have not been specified in this Section 28.1, the County may impose a $200 assessment per occurrence per day. 28.1.15 Failure to have a vehicle operator properly licensed, or failure of the operator to carry his license while on duty, shall result in a $100 assessment per occurrence per day. 28.1.16 Failure to maintain office hours in the manner specified in this Agreement shall result in a $100 assessment per occurrence per day. 28.1.17 Failure to replace or repair a damaged container as specified in this Agreement shall result in a $25 assessment per incident per location. 28.1.18 Failure to service a Legitimate Complaint within the specified time frame shall result in a $50 assessment per incident per day. 60 of 71 ^-.--- ".'-..- __._c -"-_.>_._-~ ~.,._._.,,~,. - .. lOA 28.1.19 If the Contractor notifies the Director that a complaint has been resolved, when the complaint has not been resolved, there shall be a $200 assessment per incident. 28.1.20 Collections outside of the hours specified in this Agreement, without prior approval of the Director, shall result in a $100 assessment per incident per day. 28.1.21 Failure of personnel to treat customer(s) or their property in a professional manner shall result in a $15 assessment per incident. 28.1.22 Blocking driveways with containers or Recycling Bins shall result in the imposition of a $25 assessment per incident, per day. 28.1.23 Failure to provide timely promotional, educational materials and/or advertisements shall result in the imposition of a $1,000 assessment per event. 28.1.24 Failure to comply with the deadlines in Sections 5.3 and 5.4 for the Transition Periods shall result in an assessment of $1,000 per day, per incident. 28.2 Procedure for Assessinq Liquidated Damaqes 28.2.1 Based upon an investigation, the Director shall determine whether liquidated damages shall be assessed against the Contractor. The Contractor shall not be required to pay liquidated damages in those cases where the delay or failure in the Contractor's performance was (a) excused in advance by the Director or (b) due to unforeseeable causes that were beyond the Contractor's reasonable control, and without any fault or negligence of the Contractor. 28.2.2 Prior to assessing liquidated damages, the Director shall provide written notice to the Contractor, indicating the County's intent to assess liquidated damages. 28.2.3 After receiving the Director's letter, Contractor shall have ten (10) Days to file a written letter of protest with the Director. 28.2.4 If a protest is timely filed, the matter shall be referred to the Manager for resolution. The Manager shall review the issues in a timely manner and then provide a written decision to the Contractor. 28.2.5 If the Manager's decision is unacceptable, the Contractor shall have ten (10) Days to file a written petition with the Director for a hearing before the Board. Upon the timely filing of a petition, the Board shall provide the Contractor with an opportunity to be heard at a public meeting and then the Board shall notify the Contractor in writing of its decision concerning the liquidated damages. The decision of the Board shall be final and non- appealable. 28.2.6 If a protest or petition is not timely filed by the Contractor, or if the Board concludes that liquidated damages should be assessed, the Director shall deduct the liquidated damages from the County's next payment to the Contractor for Collection Services. 28.2.7 The procedures in this Section 28 shall be used in lieu of the procedures in Section 30 to resolve disputes concerning liquidated damages. 61 of 71 ._-~.. -... ~'.- _~··m_ ._ "...~.. .. IDA 29 Events of Termination 29.1 Failure to Fulfill Obliaations of Aareement 29.1.1 The County may terminate this Agreement for Contractor's failure to fulfill a material obligation of the Agreement, including but not limited to: 29.1.1.1 Refusal to comply with any lawful order of the Board. 29.1.1.2 Failing to begin work within the time specified in this Agreement. 29.1.1.3 Failing to properly and timely perform work as instructed by the Director or as provided in this Agreement. 29.1.1.4 Willful delay in filing reports and audits. 29.1.1.5 Performing the work unsuitably or neglecting or refusing to correct such work as may be rejected as unacceptable, unsuitable or otherwise nonconforming or defective. 29.1.1.6 Discontinuing operations without authorization from the Director. 29.1.1.7 Failing to resume work that has been suspended within a reasonable time after being notified to do so. 29.1.1.8 Failing to obey any Applicable Law. 29.1.1.9 Willfully collecting any Rates, charges or fees for the Collection (including disposal costs) of Solid Waste or Recyclable Materials within the Contractor's Service District, when such sums are not approved by the Board, or are greater than the amounts approved by the Board. 29.1.1.10 Willfully circumventing Rates, charges or fees due for the Collection (including disposal costs) of Solid Waste, Recyclable Materials, and Yard Trash within the Contractor's Service District. 29.1.1.11 Otherwise failing to perform or abide by the terms of this Agreement. 29.1.2 When any of the above reasons exist, the Manager may terminate this Agreement, without prejudice to any other rights or remedies of the County, after giving the Contractor and the Contractor's surety, if any, written notice that the Contractor has seven (7) Days to cure the default. Contractor may be granted an extension of time to cure the default if it is not reasonably possible to comply within seven (7) Days. 29.1.3 If the Contractor fails to cure the default within seven (7) Days and the Agreement is terminated for failure to provide satisfactory performance, the Contractor shall be entitled to receive compensation for all reasonable and allocable services that were satisfactorily performed by the Contractor up to the date of termination. If the County terminates this Agreement because of the Contractor's default, the Contractor shall be liable for all excess costs that the County is required to expend to complete the work covered by this Agreement. 29.1.4 Except where otherwise specifically provided, the measure of damages to be paid by the Contractor to the County due to any failure by the Contractor to meet any of its obligations under this Agreement shall be the actual damages incurred by the County. 62 of 71 --",..'.' ...., --,,--, .---- "---- lOA 29.1.5 If the County terminates this Agreement because of a default by the Contractor, the Contractor shall be liable to the County for all actual damages incurred by the County as a result of the Contractor's default. The foregoing shall apply without regard to the County's rights pursuant to the Performance Bond. 29.1.6 If the Contractor has abandoned performance under this Agreement, then the County may terminate this Agreement three (3) calendar days after providing written notice to the Contractor of its intention to do so. The notice shall state the evidence indicating the Contractor's abandonment. For purposes of this paragraph, abandonment constitutes ceased operations for a period of time that results in failure to perform the terms of this Agreement. 29.2 Insolvency of Contractor Either the appointment of a receiver to take possession of all or substantially all of the assets of the Contractor, or a general assignment by Contractor for the benefit of creditors, or any action taken by or suffered by Contractor under any insolvency or bankruptcy act shall constitute a breach of this Agreement by Contractor. In such cases, the County may terminate this Agreement three (3) Days after giving notice to the Contractor of its intent. 29.3 Repeat Violations of Aqreement If the Contractor's record of performance shows that the Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the covenants, conditions, or requirements contained in this Agreement, and regardless of whether the Contractor has corrected each individual condition of default or paid liquidated damages, the Contractor shall be deemed a "habitual violator" and shall forfeit the right to any further notice or grace period to correct, and all of the prior defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. Under such circumstances, the Board shall issue the Contractor a final warning, citing the grounds therefore, and any single default by Contractor of whatever nature, subsequent to the issuance of the Board's notice, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the County may terminate this Agreement upon giving written notice to the Contractor, and termination shall be effective three (3) Days after the notice is delivered. All fees due to the Contractor hereunder, plus any and all charges and interest, shall be payable to the date of termination, and the Contractor shall have no further rights hereunder. Immediately upon receipt of the Board's final notice, the Contractor shall cease any further performance under this Agreement. 29.4 In the event this Agreement is terminated, all liability of the County under this Agreement shall cease and the County shall have the right to utilize the Performance Bond, as necessary to obtain Collection Services from another Person. The Contractor shall reimburse the County for all direct and indirect costs the County incurs while obtaining interim Collection Service. 30 Dispute Resolution Process 30.1 The County and Contractor agree to cooperate and act in good faith at all times when dealing with each other. If a dispute arises between the parties, the parties 63 of 71 ----..' ..<~ __.n_·,^,e --- lOA shall attempt to resolve their differences quickly and informally. If they are unable to do so, they shall seek relief by following the procedures in Section 30.8, below, or by initiating a non-binding mediation process, pursuant to Section 30.2, below. 30.2 ALL CLAIMS, DISPUTES AND CONTROVERSIES ARISING OUT OF OR RELATED TO THE PERFORMANCE, INTERPRETATION, APPLICATION OR ENFORCEMENT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PAYMENT AND CLAIMS FOR BREACH OF THIS AGREEMENT, SHALL BE REFERRED TO NON-BINDING MEDIATION BEFORE INITIATION OF ANY ADJUDICATIVE ACTION OR PROCEEDING, AT LAW OR IN EQUITY, UNLESS IT SHALL BE UNREASONABLE TO DO SO OR AN EMERGENCY SITUATION OR NECESSITY DICTATES OTHERWISE. ALL APPLICABLE STATUTES OF LIMITATION AND DEFENSES BASED ON THE PASSAGE OF TIME SHALL BE TOLLED WHILE THE MEDIATION PROCESS IS PENDING. THE PARTIES WILL TAKE ALL REASONABLE MEASURES NECESSARY TO EFFECTUATE SUCH TOLLING. 30.3 The Contractor and County agree to participate fully in the mediation process and conscientiously attempt to resolve their dispute. Except as provided below, each party shall bear its own expenses in connection with the mediation. Both parties shall pay equally for the services of the mediator. The mediation shall take place in Collier County, Florida. 30.4 Notwithstanding the foregoing, if either party terminates this Agreement for cause pursuant to Section 29, above, the terminating party shall have the right, in its sole discretion, to proceed directly with litigation of any claims or disputes relating to the termination for cause and may include other claims and disputes unrelated to the termination, and shall not be required to submit such claims or disputes to the mediation. 30.5 The parties agree that any claim filed in state or federal court concerning this Agreement shall be heard by a judge, sitting without a jury. 30.6 THE COUNTY AND THE CONTRACTOR HEREBY KNOWINGL Y, VOLUNT ARIL Y, AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL CONCERNING THE PERFORMANCE, INTERPRETATION, APPLICATION OR ENFORCEMENT OF THIS AGREEMENT. 30.7 In any litigation concerning this Agreement, the prevailing party shall recover its costs and reasonable attorney's fees from the non-prevailing party, including the fees and costs incurred in any trial, appeal, and mediation, if any, concerning the issue(s) in dispute. 30.8 When a dispute between the County and the Contractor is pending or threatened, the Contractor shall attempt to resolve the dispute with the Director. If this attempt is unsuccessful, either party may initiate a non-binding mediation process, in accordance with the provisions of Section 30.2, above. In addition, at anytime during the dispute resolution process, the Contractor may request the Manager to consider the disputed issue. The Contractor's written request shall be delivered to the Director and it shall describe the Contractor's proposed solution for resolving the dispute. The Director and the Manager may request, and the Contractor shall timely provide, any additional information that is reasonably necessary to evaluate the disputed issue and the Contractor's proposal. The Manager shall fully and fairly consider the Contractor's proposal in a timely manner. Upon request, the Manager 64 of 71 ~_._ft"__ ,."...._~-.. _H "'_".M lOA shall meet with the Contractor and discuss its proposal. If the Manager rejects the Contractor's proposal in whole or in part, the Contractor may submit a written request to the Manager for an opportunity to present its proposed solution to the Board. Thereafter, the Contractor shall be allowed to present its proposal to the Board at a duly noticed public meeting. The Board may accept or reject the Contractor's proposal, or take other action that the Board deems appropriate, in the Board's sole discretion. 31 Operations During a Dispute If a dispute arises between the County, the Contractor, or any other party concerning the Contractor's performance under this Agreement, the Contractor shall continue to perform its duties in strict compliance with the terms and conditions of this Agreement, regardless of the pending dispute. 32 Waiver Unless otherwise specifically provided by this Agreement, no delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as deemed expedient. The failure of the County or Contractor at any time to require performance by the other party of any term in this Agreement shall in no way affect the right of the County or Contractor thereafter to enforce same; nor shall waiver by the County or Contractor of any breach of any term of this Agreement be taken or held to be a waiver of any succeeding breach of such term or as a waiver of any term itself. To be effective, any waiver shall be in writing and signed by the party granting such waiver. Any such waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Agreement. 33 Notices and Communications to Director and District Manager All notices, requests, authorizations, approvals, protests, petitions, and payments provided for herein shall be in writing. Such documents shall be either (a) hand delivered, (b) mailed by registered or certified mail (postage prepaid), return receipt requested, or (c) sent by telecopy, and addressed as shown below. The documents shall be deemed to have been duly delivered when personally delivered, or when transmitted by telecopier and receipt is confirmed by telephone, or when delivered by U.S. Mail or courier service, as shown by the return receipt. If to the County (Manager): Collier County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 65 of 71 -'P,-" ...-.~_.~_. ... ...---.-. 1 QA '~ "." If to the Contractor (District Manager): Waste Management Inc. of Florida 5221 State Route 776 Venice, Florida 34293 Attention: District Manager Both parties reserve the right to designate a different representative or representatives in the future, or to change the address(es) for notice, by providing written notice to the other party of such change. 34 Permits and Licenses Contractor, at its sole cost and expense, shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to perform the work and services described herein. 35 Compliance with Laws and Regulations Contractor agrees that, in the performance of its work and services under this Agreement, Contractor shall qualify under and at all times comply with all Applicable Laws now in effect and hereafter enacted during the term of this Agreement, which are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 36 Equal Opportunity Employment Contractor agrees that it shall not discriminate against any employee or applicant for employment for work under this Agreement because of handicap, race, color, religion, sex, age, or national origin and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment by Contractor without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. Contractor agrees to furnish the County with a copy of its Affirmative Action Policy. A copy of the policy shall be submitted to the Director at least thirty (30) calendar days before the Commencement Date. 37 Indemnification and Hold Harmless The Contractor hereby covenants and agrees to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, cost, expense (including by not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the County, even if incident to appellate, post- judgment or bankruptcy proceedings), damage or loss in connection therewith which may be made or asserted by the Contractor, the Contractor's employees or agents, or any third parties (including but not limited to the County) on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with its performance under this Agreement. At the election of the County, the 66 of 71 "e~_O ~_.__.__.,,-- lOA Contractor shall contest and defend the County against any such claims of liability against the County. The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the County financially. This indemnification shall also include any claim or liability arising from or in any way related to actual or threatened damage to the environment, agency costs by investigation, personal injury or death, or damage to property, due to a release, alleged release, or improper handling by Contractor of Hazardous Waste, Biomedical Waste, Biological Waste, infectious waste or Sludge, regardless of the merits of the claim. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractor's duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this Section 37, the term "County" shall be deemed to include the County Commissioners and the County's agents, employees and affiliates. For purposes of this indemnification, "claims" shall mean and include all obligations, actual and consequential damages, and costs reasonably incurred in the defense of any claim against the County, including, but not limited to, reasonable accountants', attorneys', attorney assistants' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable in its sole discretion. This indemnity shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. 38 Employee Status Persons employed by the Contractor in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the County's officers and employees, either by operation of law or by the County's actions. 39 Severability If any portion of this Agreement is declared invalid, illegal, void or unenforceable, such portion shall be considered severable, and the remaining portions shall not be affected, but will remain in full force and effect. This Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had never been contained herein. 40 Force Majeure 40.1 Inabilitv to Perform Except for any payment obligation by either party, if the County or Contractor is unable to perform, or is delayed in its performance of any of its obligations under this Agreement by reason of any event of force majeure, such inability or delay shall be excused at any time during which compliance is prevented by such event and during such period thereafter as may be reasonably necessary for the County or Contractor to correct the adverse effect of such event of force majeure. 67 of 71 ~-'_..., - '<""'.,~,...._.. -..... h___.··.___·___· -<~'". lOA 40.2 Events of Force Maieure An event of "force majeure"shall mean the following events or circumstances to the extent that they delay the County or Contractor from performing any of its obligations (other than payment obligation) under this Agreement: 40.2.1 An Act of God, tornado, hurricane, flood, fire, explosion (except those caused by negligence of Contractor, its agents, and assign), landslide, earthquake, epidemic, and extremely abnormal and excessively inclement weather. 40.2.2 Acts of public enemy, acts of war, terrorism, insurrection, riots, civil disturbances, or national or international calamities. 40.2.3 Suspension, termination or interruption of utilities necessary to the Contractor's operation or duties under this Agreement. 40.2.4 Any act, event, or condition which is determined by mutual agreement of the County and the Contractor to be of the same general type as the events of force majeure identified in the preceding paragraphs. 40.2.5 Labor disputes, labor shortages, changing economic conditions, and the economic hardship of the Contractor shall not be considered an event of force majeure. 40.3 Written Notification To be entitled to the benefit of this Section 40, a party claiming an event of force majeure shall give prompt written notice to the other party, specifying in detail the event of force majeure, and diligently proceed to correct the adverse effect of any force majeure. The parties agree that, as to this Section 40, time is of the essence. 41 Governing Law and Venue The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of the parties of this Agreement and shall govern the interpretation of this Agreement. Any and all legal actions necessary to enforce this Agreement shall be held and maintained solely in Collier County, Florida. 42 Modification to the Agreement This Agreement constitutes the entire Agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto. 42.1 County Power to Modify The Board shall have the power to make changes in this Agreement relative to the scope and methods of providing Collection Services, when the Board deems it necessary and desirable for the public welfare. The Director shall give the Contractor notice of any proposed change and an opportunity to be heard concerning any relevant matters. The County and Contractor agree to enter into good faith negotiations to modify this Agreement and the Rates, as necessary. The scope and method of providing Collection Services, as referenced herein, shall be liberally construed to include, but not limited to the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. 68 of 71 -',-^'-' --~- ~.,"--,.".~ --- .---.--... - .. '" '-'-'-~"" lOA 42.2 ChanQes in Law The County and the Contractor understand and agree that changes in the Applicable Laws may require changes or modifications in some of the conditions or obligations of this Agreement. In the event any future change in any Applicable Law materially alters the obligations of the Contractor or the County, then the provisions and Rates in this Agreement may need to be modified. The County and Contractor agree to enter into good faith negotiations regarding modifications to this Agreement, which may be required in order to implement changes in the interest of the public welfare or due to a change in law. 43 Independent Contractor When performing the activities required by this Agreement, the Contractor will be acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venturer or associate of the County. Neither the Contractor nor any if its employees, officers, agents or subcontractors shall represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of the County. The Contractor shall have no authority to bind the County to any agreement or contract. 44 All Prior Agreements Superseded This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. This Agreement shall supercede all prior agreements between the parties regarding the matters addressed herein. 45 Headings Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 46 Survivability Any term, condition, covenant, or obligation which requires performance by a party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. 47 Fair Dealing The Contractor declares and warrants that the Contractor enters into the Agreement without reliance on or engaging in any collusion, bribery or fraud, that all of the Contractor's representations in this Agreement are made fairly and in good faith, and that no County Commission member, County officer, or County employee, directly or indirectly owns more than 1 % of the total assets or capital stock of the Contractor, nor will any such person 69 of 71 .~-,~~., __"'_U_ ~.__..,,--- ,______,.~w__~__ lOA directly or indirectly benefit by more than 1% from the profits or emoluments of this Agreement, nor has the Contractor provided any gift to any such person or their family. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract and the Contractor has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other compensation contingent upon or resulting from the award or making of this contract. Further, the Contractor declares and warrants that the Contractor is not subject to the restrictions in Sections 287.133 and 287.134, Florida Statutes, for a public entity crime. 48 Sovereign Immunity Nothing in this Agreement shall be interpreted or construed to mean that the County waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statutes. 49 Construction of Agreement Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the party that physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Agreement. 50 Terms Generally Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms, and the singular shall include the plural and vice versa. Unless otherwise specifically noted, the words "include," and "including" as used herein shall be deemed to be followed by the phrase "without limitation." The words "agree," "consent," and "approval" as used herein shall be deemed to be followed by the phrase "which shall not be unreasonably withheld or delayed", except as specifically noted. Words or phrases which are defined herein by reference to a statute, rule or regulation shall have the meaning ascribed to such word or phrases as of the Effective Date, without regard to subsequent changes in such statutes, rules or regulations, except where this Agreement expressly provides otherwise. The word "shall" is always mandatory and not merely discretionary. 51 Remedies Not Exclusive The remedies specified in this Agreement shall supplement, and not be in lieu of, any other remedies provided at law or in equity. The payment of any liquidated damages by the Contractor shall not constitute a defense for the Contractor, nor an election of remedies by the County, nor serve as the basis for a claim of estoppel against the County, nor prevent the County from terminating this Agreement. The County's decision to refrain from assessing liquidated damages, or suspending or terminating this Agreement, or seeking any other relief from any failure in the Contractor's performance, shall not constitute a waiver of the County's right to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by the Contractor. No remedy conferred by this Agreement is intended to 70 of 71 .._-- ~.- - ...---~- _.",-~.~., ~ ...~ lOA be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: COLLIER COUNTY by the Chair of the Board of County Commissioners, duly authorized to execute same, and WASTE MANAGEMENT INC. OF FLORIDA by and through its Vice President, duly authorized to execute same. DATED:~ JOt 2ðOC BOARD OF COUNTY COMMISSIONERS OF ATTEST: .-.. ..... COLLIER COUNTY, FLORIDA . DWIGHT'ì{ éRØCK,~_Gle·rk.·' : .'; { ~. "; - .':1,. I ,.~~.)«;~".~ ':'~( '1uLW. c+ .:' ! ._,~ ~ : ~..', By: Fred W. Coyle, Chairman le~ ~ . ,¡/'- Robert N. Zac ry./ Assistant County Attorney WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation By: dLc: ~ - Signature C/ Terri L. Douqlas Charles J. CampaQna Printed/Typed Name Printed/Typed Name Item # lQ.fL Vice President Printed/Typed Title Agenda 2.. -8 - OS- (corporate seal) Date 1/27/05 71 of 71 ,.. ---'."'-""'.-' --~.._."-- -, . ,---- ---- lOA EXHIBIT I(A) RATES FOR RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Annual Rate for Residential Collection Service (effective October 1 2005) = $91.44 Rates for Commercial Collection Service* BULK CONTAINER RATES SERVICE YEAR 10/1/04 - 9/30/05 SIZE OF FREQUENCY EXTRA CONTAINER (COLLECTIONS RATES CONT AINER CUBIC YARDS PER WEEK $ PER MONTH SERVICE 2 1 $ 78.39 2 2 $ 125.92 2 3 $ 165.45 $20.74 2 4 $ 237.13 PER PICK-UP 2 5 $ 247.14 2 6 $ 289.33 4 1 $ 100.48 4 2 $ 186.20 4 3 $ 247.79 $41.47 4 4 $ 321.45 PER PICK-UP 4 5 $ 389.76 4 6 $ 472.79 6 1 $ 145.32 6 2 $ 230.39 6 3 $ 356.97 $62.19 6 4 $ 436.63 PER PICK-UP 6 5 $ 564.53 6 6 $ 656.26 8 1 $ 164.79 8 2 $ 294.65 8 3 $ 415.21 $82.90 8 4 $ 546.44 PER PICK-UP 8 5 $ 665.62 8 6 $ 806.23 *Commercial Rates are established annually pursuant to Collier County Ordinance No. 84-31. 1 of 3 ~.."---_.-.- ~^ -~ --".........,...... _.,-"" -. "-". IDA BULK COMPACTOR RATES SERVICE YEAR 10/1/04 - 9/30/05 SIZE OF FREQUENCY EXTRA CONTAINER (COLLECTIONS RATES CONT AINER CUBIC YARDS PER WEEK $ PER MONTH SERVICE 2 1 $ 137.31 2 2 $ 213.19 2 3 $ 350.03 $58.46 2 4 $ 348.38 PER PICK-UP 2 5 $ 347.82 2 6 $ 417.05 4 1 $ 242.93 4 2 $ 438.35 4 3 $ 592.59 $92.66 4 4 $ 748.49 PER PICK-UP 4 5 $ 903.80 4 6 $1,061.12 6 1 $ 354.24 6 2 $ 510.87 6 3 $ 824.47 $139.74 6 4 $ 961.94 PER PICK-UP 6 5 $1,290.59 6 6 $1,531.25 8 1 $ 386.21 8 2 $ 654.30 8 3 $ 921.22 $171.89 8 4 $1,189.86 PER PICK-UP 8 5 $1,456.56 8 6 $1,726.66 20f3 -",--._..._--_._-'-._'-- .-.~-,_._-. --~'- ,.,.,. ~.,,'-- -- -_._- lOA ROLL-OFF SERVICE -- REGULAR COMMERCIAL CUSTOMERS SERVICE YEAR 10/1/04 - 9/30/05 EQUIPMENT TOTAL MONTHLY TOTAL HAUL SIZE EQUIPMENT CHARGE CHARGE/CO NT AINER PER LOAD* 20 CUBIC YARDS $100.53 $100.56 - $158.86* 30 CUBIC YARDS $113.91 $100.56 - $158.86* 40 CUBIC YARDS $127.30 $100.56 - $158.86* LARGE COMPACTOR (Le., greater than 8 cubic yards) VARIES** $234.48 *VARIES DEPENDING ON DISTANCE FROM DISPOSAL SITE **VARIES DEPENDING ON SITE-SPECIFIC CONDITIONS ROLL OFF RATES DO NOT INCLUDE DISPOSAL CHARGES RECREATIONAL VEHICLE PARKS, MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS THAT CONTRACT TO RECEIVE CURBSIDE SERVICE SHALL PAY THE BULK CONTAINER RATE MULTIPLIED BY THE NUMBER OF RENTED OR INDIVIDUALLY-OWNED RECREATIONAL VEHICLES OR MOBILEHOMES WITHIN SUCH PARK(S) OR SUBDIVISIONS. 3 of 3 ,.---- ___.~"AA"·' ,.., '"''_,''' ^ "'__''''''.''''__''''''~' .~.;. ........ .~---_. 1 QA II) - "tJ 0 E 0 C> Q) - .æ "- :ë ro $: g c: L. ~ 0 .... 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() '- "tJ E "E ~ II) - C\J a::: ~ ~ C\J II) Q :J :J C) c: 8 0 c: :ë 1/1 J:: () e C) .... C) C\J C\J ::¡ I () () ~ .æ c: ..,!.. C\J ~ () C\J C\J >- ¿ .... c: C) Q) >< I!! "õ. "- '- - () '- .æ 0 () 0 C\J () '- E .0 co :t:: Q) c: 0 as C) ... II) () co c: c: .9 Q) "tJ 0 C) Q c: () C\J c: as ~ 0 E II) :æ Q) --- C\J E () "tJ C) :æ c: '- "tJ as I "tJ 0 C\J 't:J ... "æ co :æ ë c: $: .0 Q Q) J:: (¡j 0 "S C) c: ~ .0 '- <;;.. Ñ C\J (¡j 0 "iii u () "tJ c: :!2 Q) c: ë Q c: Q) --- :J .a '2: >< () - ïii 0 ~ 8 L. co >- >- Q) () :J II) () () c: u 8 u () .æ () C) C) ü ~ C\J L. U ::¡ J:: 0 c: c: Q) CT 0 :æ 0 .æ c: "S E :J '2: II) .9 0 u C3 - Q) - L. ë :ë :ë '<t Õ 0 ~ II) "tJ c: £ Q) ~ .... Q () :æ II) II) Ñ cc .... () a. .... .... iii c: "tJ c: 8 £ c: c: C\J ~ ~ - () iii II) :J II) c: ·u :J c: C\J C) C\J () II) E 0 ~ C) 0 E :;¡ .... ~ Q) () C\J c: .... > E ~ () c: c: :J ro C) C) :J U U c: .9 0 () ::¡ ... ï:» ï::: ..... ~ ~ C\J c: 0 CT Q) c: C) c: c: 0 a. Q) 0 ~ C) ~ c: 0 Q) 'õ. CT c: :!2 c: - :s II) "tJ ~ () E 0 "ÕJ C) u II) c: :J :J () :J 't:J :;::> ï:: u C\J :§ LL C\J LL II) II) "iii L. ~ .... II) E 0 c: J:: ~ "i5.. ~ c: '5 II) II) 0 ë Q) ü C\J ~ .0 '5 () C\J ~ ", C\J .... Q) () X :J 0 Ji a. C J:: <5 () Q) 0 ~ ~ Q) "æ <5 () D:: a::: w ü: CI) 0 0 => ü w a::: a::: a::: ..J a.. a.. a::: ~ ü .ç ··..~.._~w,_ ~-,.- - '-_._-_...._.._~ IDA EXHIBIT II PROCEDURE FOR CALCULATING ADJUSTMENTS TO RESIDENTIAL AND COMMERCIAL RATES Collier County shall calculate the residential and commercial Collection and disposal Rates, based on the following formulae: A. Residential Rates 1. Initial Residential Rate [See Exhibit I(A)] 2. Adjustments to Residential Rate after first Agreement Year New Rate per household for upcoming Agreement Year = Current Rate per household X 70% of CPI [see description for CPI in Section 27] + current Rate per household Hypothetical Example New Rate for single family residential Customers = $100 X (70% of 2.2851%) + $100.00 = $101.59 B. Commercial Rates 1. Effective October 1, 2005, the Commercial Collection Rate [See Exhibit I (A)] shall be adjusted to reflect 100% of the change in the CPI, pursuant to the provisions of the County's Solid Waste Collection Service Agreement (dated June 12, 1990), as amended, with the Contractor. Initial Rate per container per frequency of Collection = Initial Rate per container per frequency of Collection X 100% of CPI [see description for CPI in Section 27] + initial Rate per container per frequency of Collection Hypothetical Example 4 yard container collected twice per week = $140.00 X (100% of 2.2851%) + $140.00 = $143.20 1 of 2 - -.--- ._,-- '_.·'""""'w.,""_"_k.~",-~,-'_ .-- IDA .' 2. Adjustments to Commercial Collection Rate after first Agreement Year New Rate per container per frequency of Collection = Current Rate per container per frequency of Collection X 70% of CPI [see description for CPI in Section 27] + current Rate per container per frequency of Collection Hvpothetical Example 4 yard container collected twice per week = $150.00 X (70% of 2.2851 %) + $150.00 = $152.40 3. Commercial Disposal Rate [To be established annually pursuant to Collier County Ordinance No. 84-31] 4. Conversion Factors (a) Uncompacted Garbage and Rubbish: 0.055 tons per cubic yard or 1 cubic yard = 110 Ibs. (b) Compacted Garbage and Rubbish: 0.1725 tons per cubic yard or 1 cubic yard = 345 Ibs. (c) One month = 4.33 weeks 5. Adjustment to commercial disposal Rate after a change in the Tipping Fee New monthly disposal Rate for each container size per frequency of Collection = Size (per cubic yard) of container X frequency of Collection per week X 4.33 (i.e., weeks in a month) X new Tipping Fee Hvpothetical Example The new monthly disposal Rate for a 4 yard container (uncompacted) collected twice per week = 0.055 tons per cubic yard X 4 cubic yards X 2 collections per week X 4.33 weeks per month X $35.00 = $66.68 2 of 2 ~'.o_._ ..- ._~ _"__'~ø'" _._'--"~" ~--~ lOA EXHIBIT III(A) SERVICE AREA LEGAL DESCRIPTION SOLID WASTE SERVICE DISTRICT I Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier county line and the eastern shoreline ofthe Gulf of Mexico; thence easterly along said Lee-Collier county line to the northeast comer of Section 12, Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest comer of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6,5,4,3,2 and 1 of Township 47 South, Range 27 East to the northwest comer of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range 28 East, also known as the center line of Immokalee Road (CR 846); thence east along the north section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast comer of Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast comer of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast comer of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast comer of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast comer of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast comer of Township 53 South and Range 34 East, also being known as the Collier-Miami-Dade county line; thence south along said county line to the southeast comer of Section 36, Township 53 South, Range 34 East, also being known as the Collier-Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. 1 of 1 -... "_."...._..__..~~-.~-<,- -....,.-.-.. .- -""'-"-""_o;"""~,__",""_,,~"'",",,_..__~,,,^,.~.._., """~." _·'c······_ .-...--, IDA EXHIBIT III(B) SERVICE AREA LEGAL DESCRIPTION SOLID WASTE SERVICE DISTRICT II Beginning at the northwest comer of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier-Lee county line also the township line to the northeast comer of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also the range line to the northwest comer of Township 46 South, Range 28 East; thence east along the Collier-Hendry county line also the township line for Townships 45 and 46 South to the northeast comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast comer of Township 48 South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the southwest comer of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest comer of Section 19, Township 47 South, Range 29 East; also being known as the center line ofImmokalee Road (CR 846); thence west along the south line of Sections 24,23,22,21,20 and 19 of Township 47 South, Range 28 East to the southeast comer of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast comer of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest comer of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest comer of Township 47 South, Range 27 East, being the Point of Beginning. 1 of 1 -, ,._~¥- . .._..~._._...- - '--""~'--"'-- - ~_."~-- 1 0 A EXHIBIT IV MAP OF SERVICE DISTRICTS I AND II ~ A..._N.~ Collier County, Florida ::::rI!l.r-.pw"!H:nc:A~p..öoM:r,",toc;,¡, Itil [Z:ZJ Qslliot1 Waste Management Dlatrlcta ~=Þ;~t=:~~;'~~~~ ~¥1''~"1S billu.. Thh!:lsnot.......,.nais r::::::::J a,*t2 1:4512fiJ51 It'"'b....tdbdMign GIS &iotbn . .. . . .. . ~WakIpllC"___JTVRU"_rrød IdormH>nT"hnobgl~W'It GlSÑlll)lJtG.8IIoQ 0_1/1.6005 1 of 1 -~>-- .,_...,._~. ~. ,- ,,-- ~.~"- lOA EXHIBIT V{A) PERFORMANCE BOND FOR FRANCHISE AGREEMENT CONTRACTOR (PRINCIPAL) COMPANY (LEGAL NAME): Waste Management Inc. of Florida PRINCIPAL BUSINESS ADDRESS: TELEPHONE NUMBER: SURETY COMPANY (LEGAL NAME): PRINCIPAL BUSINESS ADDRESS (No PO Box): TELEPHONE NUMBER: OWNER (OBLIGEE) NAME: Collier County Board of County Commissioners PRINCIPAL BUSINESS ADDRESS: 3301 Tamiami Trail, Naples, Florida 34112 TELEPHONE NUMBER: (239) 774-8097 CONTRACT DETAILS DATE EXECUTED: AMOUNT: GENERAL DESCRIPTION: Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services\ BOND BOND NUMBER: DATE: AMOUNT: KNOW ALL MEN BY THESE PRESENTS: That Principal, hereinafter called Contractor, and Surety, as identified above, are bound to the Board of County Commissioners of Collier County, Florida, as Obligee, hereinafter called the County, in the amount identified above, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. 1 of 2 -=""-"~".'- . . ,- .-, ,,~, .",.-,.-._..,..,. -..-...... --~--....~ ---- C<_.__ lOA WHEREAS, Contractor has by written agreement entered into a contract, identified above, with County, which contract documents are by reference made a part hereof, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. performs the Contract between Contractor and County, at the times and in the manner prescribed in the Contract; and 2. pays County all losses, damages, including liquidated damages and damages caused by delay, expenses, costs and attorneys fees including appellate proceedings, that County sustains as a result of default by Contractor under the Contract; and 3. performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and is declared by County to be, in default under the Contract, and County having performed County's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. complete the Contract in accordance with its terms and conditions; or 2. obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if County elects, upon determination by County and Surety jointly of the lowest responsible bidder, arrange for a contract between such Bidder and County, and make available as work progresses sufficient funds, paid to County, to pay the cost of completion and other costs and damages for which the Surety may be liable hereunder. No right of action shall accrue on this bond to or for the use of any person of corporation other than the County named herein. The surety hereby waives notice of, and agrees that any changes in or under the Contract, and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this bond. Signed and sealed this day of ,2005 CONTRACTOR (PRINCIPAL) SIGNATURE: CORPORATE SEAL PRINTED NAME AND TITLE: SURETY SIGNATURE: SEAL PRINTED NAME AND TITLE: ATTORNEY IN FACT 20f2 . -- lOA EXHIBIT V(B) PROCEDURE FOR CALCULATING PERFORMANCE BOND REQUIREMENT 1. The annual Performance Bond due to the County from the Contractor is calculated as: One half the annual value of the Residential Collection Service authorized under the Agreement = Performance Bond Required 2. Sample Calculation of the Performance Bond requirement Hypothetical 1st Year Annual Residential Collection Service Cost $6,500,000 Times 50% X 50% Annual Performance Bond Requirement = $3,250,000 1 of 1 --,,--- --,~- .. ,,_...·7__ _,".,'._"..,._"_ -_..~,... lOA EXHIBIT VI MATERIALS ACCEPTANCE PROTOCOL Steel and Tin Cans Includes steel, tin and aerosol cans, bi-metal containers, and lids composed primarily of whole iron or steel. Paper labels are acceptable. Aerosol cans containing household hazardous waste are not acceptable. Aluminum Includes aluminum beverage containers, food trays without food residue, sheets and flexible containers. Glass Clear (flint), brown (amber) and green food and beverage jars and bottles. Paper labels on glass containers are acceptable. Metal lids should be removed and included. PET Plastics (SPI code No.1) Examples include but are not limited to: Plastic soft drink, water, sports drink, beer, mouthwash, catsup and salad dressing bottles. Peanut butter, pickle, jelly and jam jars. Ovenable prepared food trays. HDPE Plastics (SPI code No.2) Examples include but are not limited to: Milk, water, juice, cosmetic, shampoo, dish and laundry detergent bottles, yogurt and margarine tubs, grocery, trash and retail bags. Motor oil bottles are not acceptable. V Plastics (SPI code No.3) Examples include but are not limited to: PVC products such as clear food and non-food packaging. LDPE Plastics (SPI code No.4) Examples include but are not limited to: Dry cleaning, bread and frozen food bags, squeezable bottles (e.g., honey, mustard). PP Plastics (SPI code No.5) Examples include but are not limited to: Catsup bottles, yogurt containers, margarine tubs, and medicine bottles. PS Plastics (SPI code No.6) Examples include but are not limited to: Compact disc jackets, food service applications, grocery store meat trays, egg cartons, aspirin bottles, cups, plates, and cutlery. Other Plastics (SPI Code No.7) Examples include but are not limited to: Three and five gallon reusable water bottles, some citrus juice and catsup bottles. 1 of 2 --. ~, ...~M·'_ .__..__;_....,.,.....,._._*.."._ ,·_~_,··.__,·_.··.,._^_~'."o_ ..------ '-'---~ lOA Preparation of plastics, glass and metal containers: Remove organics, other contents and plastic caps, but the inclusion of organics, caps, rings, and labels will not be reason for rejection of Program Recyclables. Paper Recyclables Paper Recyclables consist of the following materials, commingled together, except aged, yellowed, or sunburned paper or water saturated paper. ONP All loose or bagged newsprint is acceptable, including all paper which is distributed with or as part of general circulation newspapers. OCC All loose or bagged old corrugated cardboard containers that are flattened and either cut down or folded to size, no more than 3 feet by 3 feet. Staples and tape with water-soluble glues do not have to be removed. Wax-coated corrugated cardboard is not acceptable. Paper Bags All loose or bagged paper sacks. May be used to hold mixed paper. Chipboard/Fiberboard/Paperboard All product packaging materials, such as cereal boxes, packaged food boxes, shoe boxes, and small manufactured item packaging. Telephone Books Old telephone directories. Magazines Old magazines, including small catalogs and similar printed material with glossy pages. Mixed Paper Mixed paper, including shredded paper, including but not limited to the following: junk mail; high- grade paper; white and colored ledger; copier paper; office paper; laser printer paper; computer paper, including continuous-formed perforated white bond or green bar paper; book paper; cotton fiber content paper; duplicator paper; form bond; manifold business forms; mimeo paper; note pad paper (no backing); loose leaf fillers; stationery; writing paper; paper envelopes; carbonless (NCR) paper; tabulating cards; facsimile paper; and manila folders. Paper with metallic, carbon, ammonia or non-soluble glue is not acceptable. 20f2 .._--_.-- --- ,_..--- .......,.,--_._.~._-_... -..'--'.- IDA EXHIBIT VII MONTHL Y RESIDENTIAL COLLECTION TONNAGE Provided below are the average tonnages per month of residential solid waste, yard waste, tires, and white goods collected in Service District I and Service District II. Tonnages are an average of 4 fiscal years (FY2000/01, 2001/02, 2002/03, and 2003/04. Service District I Month Solid Waste Yard Trash Tires Each White Goods Tonnage Tonnage Tonnage October 6,905 941 274 108 November 6,959 866 217 108 December 7,541 617 272 107 January 8,062 799 289 125 February 7,050 758 290 119 March 7,930 962 415 128 April 7,731 1,070 390 116 May 7,621 1,015 361 119 June 7,069 894 323 110 July 7,328 958 363 122 August 7,363 1,078 235 115 September 6,963 1,039 241 109 District II Month Solid Waste Yard Trash Tires Each White Goods Tonnage Tonnage Tonnage October 578 37 350 26 November 580 26 260 26 1 of 2 --,".- ~-~"~~,, . . -_._",.. . _"__'_~'M "-"~~-~'-- 10ft. December 692 18 352 25 January 699 24 400 31 February 637 28 304 25 March 697 33 277 27 April 716 31 390 23 May 774 27 254 22 June 700 32 433 29 July 643 32 301 29 August 631 29 247 29 September 608 35 332 25 2 of 2 ._~-< ,-.-- lOA EXHIBIT VIII COLLIER COUNTY VISION, MISSION, AND VALUES 1. Vision Statement: To successfully develop a fully integrated, customer focused, strategically aligned objective organization through comprehensive resource optimization with the goal to provide the best value service possible. 2. Mission Statement: For our Collier County Public Utilities customers - Provide effective, efficient, responsive, reliable and high-quality utility services that exceed expectations. 2.a Priorities: Stay in regulatory compliance - always. Meet the demand with reliability. Take care of our customers. Build the team. 3. Collier County Public Utilities Business Basics: a) We are a 100% reimbursable, project funded enterprise organization. Our salaries are paid directly by our customers. No Customers = No Work = No Job. b) Safety is non-negotiable. c) We will not compromise quality. What we do, we will do well. d) Teamwork is essential in all we do. e) Utilizing active listening, we will always seek first to understand the customer's needs and concerns, and then aggressively seek a solution. 1 of 1 ..'""-,......~~,... ,--..- ~-~~,.,.,....."--"- ~_",.h ._-- IDA MEMORANDUM Date: February 10, 2005 To: John Y onkosky, Director Utility Billing & Customer Service From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Franchise Agreement between Collier County & Immokalee Disposal Co., Inc. Enclosed please find one (1) original document, as referenced above, Agenda Item #10A, approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, please call me at 774-8411. Thank you. Enclosure( s ) ----,-"".......~."..._._-------".'~,.._...__."..- .-. ~..^._- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOA TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2. 3. 4. ----- --- 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonually the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the BCe has acted to approve the item.) Name of Primary Staff John Y onkosky Phone Number 403-2350 Contact Agenda Date Item was 2/8/05 Agenda Item Number lOA Approved by the BCC Type of Document Franchise Agreement between Collier Number of Original 2 Attached County & Immokalee Disposal Co., Inc. Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms! County Fonus! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04 1 QA FRANCHISE AGREEMENT BETWEEN COlliER COUNTY AND IMMOKAlEE DISPOSAL COMPANY, INC. FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COllECTION SERVICES "_m_O"M__ -- -" lOA Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services TABLE OF CONTENTS 1 Definitions................. ................ ............................ ..........................................................2 2 Exclusive Franchise and Term.................................... .................................................. 10 2.1 Exclusive Franchise Granted............................................................................. 10 2.2 Term of Franchise Agreement .................. ............ ........... ..... .... ..... ....................10 2.3 Renewal Option..................................................... ............................................ 10 2.4 Termination of Collection Service Under Existing Agreement ............................10 3 Agreement Documents........................................................... ....................................... 11 3.1 Agreement Documents...................................................................................... 11 3.2 Conflicts Between Agreement Documents ...... ....................... .... ..... ..... .............. 11 4 Service District.............................................................................................................. 11 5 General Provisions........................................................................................................ 11 5.1 County Vision, Mission, and Value Statements.................................................. 11 5.2 General Description of Collection Services....... ..... .......... .................................. 11 5.3 Transition Prior to Commencement Date........................................................... 11 5.4 Transition Prior to Expiration of this Agreement ..... ............................................ 13 5.5 Hours and Days of Collection Service................................................................ 13 5.6 Routes and Schedules....................................................................................... 14 5.7 Changes to Routes and Schedules.................................................................... 14 5.8 Addition of New Customers to Customer List..................................................... 14 5.9 Holidays............................................................................................................. 15 5.10 General Collection Procedures.......................................................................... 15 5.11 Mixing Loads of Materials.................................................................................. 15 5.12 Non-Collection Procedures................................................................................ 16 5.13 Missed Collection Procedures............................................................................ 17 5.14 Protection of Private and Public Property........................................................... 17 5.15 Access to Streets and Collection Containers..................................................... 17 5.16 Designated Sites................................................................................................ 18 ii of vii ...~._---_.~_.~ ,....-,.- lOA 5.17 Spillage and Litter............................. ..................................................... ............ 19 5.18 Exempt Materials............................................................................................... 19 5.19 Safety Program.................................................................................................. 20 5.20 Collection Plan................................................................................................... 20 5.21 Ownership of Solid Waste and Program Recyclables ........................................21 5.22 Compaction of Program Recyclables ..... ...... ..... ..... ...... ..... ..... ..... ...... ........... ......21 5.23 Sale of Program Recyclables............................................................................. 21 5.24 Disposal of Recyclable Materials ....................................................................... 21 6 Set Out Procedures....................................................................................................... 22 6.1 Residential Customers...... ................................................................................. 22 6.2 Commercial Customers..................................................................................... 23 6.3 Residential and Commercial Customers ............................................................23 7 Residential Collection Service ....................................................................................... 24 7.1 Basic Collection Service and Collection Frequency........................................... 24 7.2 Supplemental Collection Services...................................................................... 25 8 Multi-Family Collection Service...................................................................................... 25 9 Commercial Collection Service...................................................................................... 26 9.1 Basic Collection Service and Collection Frequency........................................... 26 9.2 Supplemental Collection Services..... ...... ..... ..... ...... ..... ..... ..... ..... .......................26 9.3 Commercial Recycling Services......................................................................... 27 9.4 Contract for Collection Service........................................................................... 27 9.5 Termination of Commercial Collection Service................................................... 28 10 Collection Containers.................................................................................................... 29 10.1 Provision of Containers...................................................................................... 29 10.1.1 Curbside Containers.............................................................................. 29 10.1.2 Recycling Bins and Recycling Carts.......................................................29 10.1.3 Commercial Containers... ...... ..... ...... ..... ..... ...... ..... ..... ..... ........... ............ 30 10.2 Ownership of Containers................................................................................... 30 10.3 Technical Specifications for Containers............................................................. 30 10.4 Delivery of Containers........................................................................................ 32 10.5 Maintenance of Containers................................................................................ 32 10.6 Repair and Replacement of Containers. ..... ..... ..... ..... ....................... ..... ..... .......33 10.7 Storage of Recycling Bins.................................................................................. 33 11 Vehicles and Equipment................................................................................................ 34 11.1 General Provisions............................................................................................ 34 iii of vii ------"..."- IDA 11.2 Ancillary Equipment......... .................................................................................. 34 11.3 Reserve Vehicles and Equipment ....... ..... ..... ....................................... ..... ......... 35 11.4 Maintenance and Condition...... ......................................................................... 35 11.5 Identification ...................................................................................................... 35 11.6 Compliance with the Law................................................................................... 36 11.7 County's Right to Inspect Vehicles. ..... ..... ..... ..... ........... ........... ..........................36 11.8 Storage and Repair... ...... ..... ........................................................... ...................36 12 Employees and Supervisors.......................................................................................... 36 12.1 District Manager................................................................................................. 36 12.2 Field Supervisor................................................................................................. 37 12.3 Employee Conduct............................................................................................ 37 12.4 Employee Appearance and Identification........................................................... 37 12.5 Removal of Employees...................................................................................... 37 12.6 Employee Training and Licenses ... ..... ..... ..... ..... ....................... ........... ..... ...... ... 37 13 Local Office................................................................................................................... 37 14 Handling of Complaints........ ......................................................................................... 38 15 Customer Dispute Resolution..................................... ...................................................39 16 Record Keeping and Reporting....................................... ..............................................39 16.1 Record Keeping................................................................................................. 39 16.1.1 Equipment Maintenance Log... ..... ..... ..... ........... ....................... ..... ..... .... 39 16.1.2 Non-Collection Notice Log....................................................... ..............39 16.1.3 Legitimate Complaint Log...................................................................... 39 16.1.4 Program Recyclables Log.. ..... ..... ..... ..... .................................. ..... ...... ... 39 16.1.5 White Goods Log................................................ ...................................40 16.1.6 Tire Collection Log................................................................................. 40 16.1.7 Bulk Waste Log...................................................................................... 40 16.1.8 Electronic Equipment Log. ..... ..... ..... ............................. ..... ........... ..... .... 40 16.2 Monthly Report.................................................................................................. 40 16.3 Annual Report..................................................................... ...............................41 16.4 Other Reports, Documents and Notifications ..................................................... 42 16.4.1 Residential Recycling Participation Report............................................. 42 16.4.2 Updates to Safety Plan.......................................................................... 42 16.4.3 Accidents and Property Damage....... ..... ..... ..... ..... ...... ..... ...... .......... ...... 42 16.5 General Record Keeping and Reporting Requirements .....................................43 17 Education, Promotion and Public Awareness ........... ..... ..... .... ...... ..... ..... ....................... 43 iv of vii __,·..·__._··n·' ., ~_,·,·__'~M·'__' IDA 17.1 Participation in County Activities........................................................................ 43 17.2 Usage of County Themes and Logos.. ................. ...... ..... ..... ..... ...... .... ..... .......... 43 17.3 Distribution of Information with Recycling Containers..................... .......... .........44 17.4 Distribution of Information to Commercial Customers ........................................44 17.5 Production and Distribution of Promotional and Educational Material................ 44 17.6 Public Notices Concerning Changes in Collection Services ...............................45 18 Changes to Services...................................................... ...............................................45 18.1 Addition or Deletion of Recyclable Materials......................................................45 18.2 Recycling Facility in Collier County....................................................................45 18.3 Provision of Service Upon Termination .. ..... ..... ..... ..... ...... ..... ........... ...... ..... ...... .45 18.4 Collection and Processing of Commercial Organics...........................................46 18.5 County's Right to Require Recycling Carts ........................................................47 19 Additional Services...................................................... ..................................................47 19.1 Commercial Waste Reduction.... ........... ............................................................. 47 19.2 Community Service... ........... .............................................................................. 47 19.3 Pilot Studies....................................................................................................... 47 19.4 Electronic Equipment......................................................................................... 48 19.5 School Recycling Program................................................................................. 49 20 Emergency Situations and Disaster Debris... ..... ....................... ...... .... ...... ..... ..... ..... ...... 49 20.1 Use of Contractor Services................................................................................ 49 20.2 Variance in Routes and Schedules ......... ..... ..... ..... ..... ...... ..... ..... ...... ........... ..... .49 20.3 Contingency Plan............................................................................................... 49 20.4 Emergency Management/Disaster Meetings................................ ......................49 21 Insurance...................................................................................................................... 50 21.1. Requirements for Insurance Carriers ........ ............ ..... ...... ..... ..... ..... ..... ..... ......... 50 21.2 Workers Compensation Insurance..................................................................... 50 21.3 Commercial General Liability.... ..... ...... ..... ..... ..... ...... ..... ..... ..... ............ ..... ..... .... 50 21.4 Automobile Liability............................................................................................ 50 21.5 Umbrella Liability............................................................................................... 50 21.6 Hazardous Waste Insurance.............................................................................. 50 21.6.1 Contractor's Pollution Liability ................................................................ 50 21.6.2 Asbestos Liability................................................................................... 51 21.6.3 Hazardous Waste Disposal... ..... ..... ..... ...................... ..... ..... ..... ..... ........51 21.6.4 Hazardous Waste Transportation... ..... ............ ..... ..... ..... ..... ..... .............. 51 21.6.5 Certificates of Insurance................. .......................................... .............51 v of vii -,-,.....---~ .->< -~".,.~,~"."_.,.,- lOA 21.7 General Insurance Requirements...................................................................... 51 22 Performance Bond........................................................................................................ 52 23 Assignment and Subletting............................................................................................ 53 24 Transfer of Ownership................................................................................................... 53 25 Payment for Services and Administrative Fees............................................................. 54 25.1 Prohibitions on Payments .................................................................................. 54 25.2 County's Obligation to Pay for Residential Collection Service............................ 54 25.3 Procedure for Payment of Residential Service................................................... 54 25.4 Adding New Residential Customers.... ...... ...... ..... ...... ..... ..... ..... ................ ..... .... 54 25.5 Removing Residential Customers...................................................................... 54 25.6 Overpayments and Underpayments for Residential Service.............................. 54 25.7 Payments for Commercial Service .... ..... ....... ..... ...... ..... ..... ............ .... ..... ........... 55 25.8 County Billings for Commercial Service............................................................. 55 25.9 Administrative Fees........................................................................................... 55 26 Rates . . . . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . .. . . . .. . . . . .. . . . . . . . . . . .. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 56 26.1 Standard Rates.................................................................................................. 56 26.2 Special Rates for Emergency Situations and Disaster Debris............................ 56 27 Rate Adjustment............................................................................................................ 57 27.1 Annual CPI Adjustments to Collection Rates .....................................................57 27.2 Adjustments to Commercial Disposal Rates ... ....................... ..... ..... .... ..... ...... ... 57 27.3 Changes Imposed by Law................................................................................. 57 27.4 Extraordinary Rate Adjustment.......................................................................... 58 27.5 Rate Reductions................................................................................................ 58 28 Liquidated Damages..................................................................................................... 59 28.1 Basis for Liquidated Damages........................................................................... 59 28.2 Procedure for Assessing Liquidated Damages.. ...... ..... ............ .... ..... ..... ..... ...... 61 29 Events of Termination................................................................................................... 61 29.1 Failure to Fulfill Obligations of Agreement.......................................................... 61 29.2 Insolvency of Contractor.................................................................................... 63 29.3 Repeat Violations of Agreement. ...... ...... ..... ...... ..... ..... ..... ..... ..... ........... ..... .......63 30 Dispute Resolution Process.......................................................................................... 63 31 Operations During a Dispute............. ............................................................................ 65 32 Waiver.................................................................................................................. ........65 33 Notices and Communications to Director and District Manager .....................................65 34 Permits and Licenses....................................... ............................................................. 66 vi of vii _._,,--- . .._"~<' lOA 35 Compliance with Laws and Regulations .... ...... ..... ..... ............................ ..... .... ..... .......... 66 36 Equal Opportunity Employment..................................................................................... 66 37 Indemnification and Hold Harmless............................................................................... 66 38 Employee Status..............................................................................................····..···..·· 67 39 Severability.................................................................................................................... 67 40 Force Majeure............................................................................................................... 67 40.1 Inability to Perform....................................................... ......................................67 40.2 Events of Force Majeure.................................................................................... 67 40.3 Written Notification............. ................................................................................ 68 41 Governing Law and Venue ...... ..... ..... ....... ..... ..... ...... ...... ..... ..... ..... ................. ..... .... ......68 42 Modification to the Agreement....................................................................................... 68 42.1 County Power to Modify..................................................................................... 68 42.2 Changes in Law................................................................................................. 68 43 Independent Contractor................................................................................................. 69 44 All Prior Agreements Superseded .................. ....................... ...... ..... ..... ..... ..... ..... .........69 45 Headings....................................................................................................................... 69 46 Survivability................................................................................................................... 69 47 Fair Dealing................................................................................................................... 69 48 Sovereign Immunity....................................................................................................... 70 49 Construction of Agreement............................................................................................ 70 50 Terms Generally............................................................................................................ 70 51 Remedies Not Exclusive................................................................................................ 70 Exhibit I(A) Rates for Residential and Commercial Collection Service Exhibit I(B) Rates for Supplemental Residential and Commercial Collection Service Exhibit II Procedure for Calculating Adjustments to Residential and Commercial Rates Exhibit III(A) Service Area Legal Description - Service District I Exhibit III(B) Service Area Legal Description - Service District II Exhibit IV Map of Service Districts I and II Exhibit V(A) Performance Bond for Franchise Agreement Exhibit V(B) Procedure for Calculating Performance Bond Requirement Exhibit VI Materials Acceptance Protocol Exhibit VII Monthly Residential Collection Tonnage Exhibit VIII Collier County Vision, Mission, and Values vii of vii u_..~ ... -. >-~.,-~.., IDA Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services This Franchise Agreement ("Agreement") for Solid Waste, Recyclable Materials, and Yard Trash Collection Services is made and entered into this S:--I--I. day of FEðl2t.-tH-flt/ , 2005, by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and Immokalee Disposal Company, Inc. (hereinafter referred to as the "Contractor"). WIT N E SSE T H: WHEREAS, Sections 125.01(1) and Chapter 403, Florida Statutes, grant the Board of County Commissioners of Collier County (the "Board") the authority to regulate Solid Waste Collection and disposal services in the County; and WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a comprehensive recycling program; and WHEREAS, the Contractor has sufficient resources to provide the Collection Services sought by the County; and WHEREAS, the Contractor currently provides satisfactory Collection Services for the County pursuant to another agreement; and WHEREAS, the County desires to use the Contractor's services and the Contractor desires to provide Collection Services, subject to the terms and conditions contained in this Agreement; and WHEREAS, the Board finds that granting an exclusive franchise for Collection Services is in the public interest, and protects the public health, safety, and general welfare of those to be served by the Contractor, and that the Contractor should be granted an exclusive franchise for the Collection Services required by this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the County and the Contractor mutually undertake, promise and agree for themselves, their successors and assigns that they shall be bound by and shall strictly comply with the following provisions of this Agreement: 1 of 71 ~~·...,M" ,',~..~. ._,._.__ ' ,..,..._~--,,-~-,- lOA 1 Definitions For the purposes of this Agreement, the definitions contained in this Section 1 shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Section 1, the definition of such word or phrase in the Code of Laws and Ordinances of Collier County, Florida, shall apply. 1.1 Agreement: this Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services. 1.2 Agreement Year: twelve (12) consecutive months, beginning on the Commencement Date (October 1, 2005), and every twelve (12) months thereafter for the term of this Agreement. 1.3 Applicable Law: any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the County or Contractor under this Agreement. 1.4 Back Door Service: the Collection of Solid Waste or Recyclable Materials on a Residential Customer's property at a location that is not Curbside. 1.5 Biological Waste: those wastes that cause or have the capability of causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. This term does not include human remains that are disposed of by Persons licensed under Chapter 470, Florida Statutes. 1.6 Biomedical Waste: any solid or liquid waste which may present a threat of infection to humans, including non-liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included: (a) used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; (b) absorbent materials saturated with blood or blood products that have dried; and (c) non-absorbent, disposable devices that have been contaminated with blood, or body fluids or secretions or excretions visibly contaminated with blood, if the devices have not been treated by an approved method. 1.7 Board: the Board of County Commissioners of Collier County, Florida. 1.8 Bulk Waste: any large discarded household item that cannot be placed in a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders, and carpet. Bulk Waste does not include White Goods, Electronic Equipment, or Extraordinary Waste. 1.9 Certificate of Occupancy: a document issued by the County certifying that a newly constructed building has been constructed in compliance with County specifications and is suitable for use. 1.10 Collection: the process of picking up, transporting, and dropping off Residential Waste and Commercial Waste at the Designated Sites; or the process of picking up, 2 of 71 >--.-"-- -- ~._~._.~ IDA transporting, and dropping off Exempt Materials at a licensed disposal site or Recycling Facility. 1.11 Collection Containers: Curbside Containers, Commercial Containers, Recycling Bins, Recycling Carts, and/or Commercial Recycling Containers. 1.12 Collection Plan: the document prepared by the Contractor and submitted to the Director that describes how the Contractor will provide Collection Service in accordance with the provisions of this Agreement. 1.13 Collection Service: Residential Collection Service and/or Commercial Collection Service. 1.14 Commencement Date: October 1, 2005, which is the date when the Contractor shall begin providing Residential Collection Service and Commercial Collection Service pursuant to the requirements of this Agreement. 1.15 Commercial Collection Service: (a) the Collection of Commercial Waste from Commercial Customers; (b) the Collection of Commercial Recyclables, if the Contractor has a contract with the Commercial Customer for such service; and (c) the Collection of Residential Waste from a Person that occupies a Multi-Family Residence, uses a Commercial Container, and does not receive Collection Service at Curbside. 1.16 Commercial Container: a dumpster, roll-off container, compactor, or other container, except a Roll Cart, that is approved by the Director for the Collection of Solid Waste or Recyclable Materials from Commercial Customers. 1.17 Commercial Customer: Any Person that uses the Contractor's services for the Collection of Commercial Waste. 1.18 Commercial Lawn Care Service: a Person that provides lawn and garden maintenance services for remuneration. This definition includes landscapers. 1.19 Commercial Organics: Organic Waste that is segregated from Commercial Waste for recycling or other beneficial uses. 1.20 Commercial Real Property: real property located in Service District II that is not classified as Residential Real Property. Commercial Real Property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit organizations. Commercial Real Property shall not include commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as Improved Real Property, shall be deemed Commercial Real Property. 1.21 Commercial Recyclables: Recyclable Materials generated by Commercial Customers. 1.22 Commercial Recycling Container: a dumpster, roll-off container, compactor, or other container, approved by the Director for the Collection of Recyclable Materials from Commercial Customers. 1.23 Commercial Supplemental Collection Services: services that are provided by the Contractor to Commercial Customers, but are not included in the Rate for Commercial Collection Service. 3 of 71 - .'-." "" Ii .,...._~"v.__·.'_,_._·,·, , -,. -----,,_.~-. "..,.--.- IDA 1.24 Commercial Waste: Garbage and Rubbish generated upon Commercial Real Property or Industrial Real Property. Commercial Waste includes Commercial Recyclables collected from a Customer that has a contract with Contractor for the Collection of such materials. 1.25 Commercial Yard Trash: Yard Trash generated upon a Commercial Customer's Commercial Real Property or Industrial Real Property. Yard Trash collected by a Commercial Lawn Care Service is not Commercial Yard Trash. 1.26 Construction and Demolition (C&D) Debris: discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, resulting from the construction, destruction, or renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project. 1.27 Contingency Plan: the Contractor's plan for avoiding an interruption in Collection Service in the event that an emergency or other situation renders the Contractor's operations yard or equipment unusable. 1.28 Contractor: Immokalee Disposal Company, Inc. 1.29 County: depending on the context, either the unincorporated areas of Collier County, Florida, or the Collier County government, including its officers, agents and employees. 1.30 Curbside: a location within three (3) feet of the curb, pavement, or edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location adjacent to the Customer's driveway, as close as possible to the nearest roadway. 1.31 Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two handles on the sides, and with or without wheels; (b) Roll Carts; and (c) a plastic bag sufficient in strength for handling by the Contractor, provided the bag is closed and unbroken at the time of Collection. 1.32 Customer: any Person that uses the Contractor's Collection Service under this Agreement. A Customer shall be a Commercial Customer or Residential Customer. 1.33 Customer Base: the number of Residential Customers and/or Commercial Customers used in an Agreement Year to establish Rates, charges, or fees under this Agreement. 1.34 Customer List: a list compiled by the County of the Residential Customers that are entitled to Residential Collection Service from the Contractor. 1.35 Day: a calendar day, except Sundays and Holidays. 1.36 Department: the County department to which the Manager assigns the responsibility of administering this Agreement. 1.37 Designated Site(s): any real property or facility designated by the Manager for the receipt, disposal or processing of Residential Waste, Commercial Waste, Recyclable Materials, or other materials. 1.38 Director: the Director of the County's Department or the Director's designee. 1.39 Disaster Debris: debris that is produced or generated by declared, natural or manmade disasters, and is placed Curbside by Residential Customers, including but 4 of 71 ,......--.,,~ . -. ~._--~,-_.~" ."...~ . - 10J not limited to Yard Trash, Construction and Demolition Debris, Bulk Waste, and White Goods. 1.40 Disaster Debris Contract: the contract entered into by the County and a contractor to provide for the removal, hauling, disposal, and recycling of Disaster Debris. 1.41 District Manager: the Person designated by the Contractor to be the Contractor's official representative regarding matters pertaining to this Agreement. 1.42 Dwelling Unit: a room or rooms constituting a separate, independent establishment with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and physically separated from any other rooms or Dwelling Units which may be in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit. 1.43 Effective Date: the date when this Agreement is signed and duly executed by the Board or its designee, which shall occur after the Agreement is signed and duly executed by the Contractor. 1.44 Electronic Equipment: electronic devices that have been discarded, including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers, scanners, fax machines, and telephones. 1.45 Exempt Materials: materials that are exempt from the Contractor's exclusive franchise under this Agreement. 1.46 Extraordinary Wastes: wastes that require extraordinary management, including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous Waste. 1.47 Fair Market Value: the price for which an item would sell on the open market if put up for sale, based on comparable sales of similar items. 1.48 Franchise Agreement: the written authority granted by the Board to provide Collection Services in unincorporated Collier County. 1.49 Garbage: all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. 1.50 Hazardous Waste: Solid Waste, or a combination of Solid Wastes, which because of its quantity, concentration, chemical or physical characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, treated, or otherwise managed. Hazardous Waste includes any material or substance identified as a hazardous waste or hazardous substance in the Florida Administrative Code, Florida Statutes, or other Applicable Law. 1.51 Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other holiday approved by the Director. 1.52 Improved Real Property: any cleared, graded or drained real property upon which a building or structure is erected and occupied or capable of being occupied (i.e., a County Certificate of Occupancy has been issued) for residential, commercial, institutional or industrial use. Improved Real Property includes but is not limited to 5 of 71 _" ""_...._.'..d~~·..··~_'"·. _._--~.._.--"'_._~-.. IDA recreational vehicle park lots contained within parks designated as mobile home parks by the County Health Department. 1.53 Industrial Real Property: real property, not classified as Residential Real Property, where a Person is engaged in manufacturing, or processing raw materials, or altering or modifying a product for the purpose of producing a usable or finished product, and such Person generates Solid Waste as a by-product of their activities. 1.54 land Clearing Debris: the uprooted trees, bushes, vegetation, and other abandoned materials resulting from a land clearing operation. 1.55 legitimate Complaint: any complaint where the Director determines that the applicable requirements of this Agreement concerning the Set Out and Collection of Solid Waste, Program Recyclables, or Yard Trash were satisfied by the Customer, but not the Contractor. 1.56 load: any material, including but not limited to Solid Waste and Program Recyclables, that is collected in Contractor's vehicle or transported from one location to another by Contractor's vehicle. 1.57 Manager: the County Manager of Collier County, Florida, or the Manager's designee. 1.58 Materials Acceptance Protocol (MAP): the documents identifying the Program Recyclables to be collected and transported under this Agreement, as well as standards that govern the Set Out and Collection of Program Recyclables. The MAP is contained in Exhibit VI. 1.59 Materials Recovery Facility (MRF): a Solid Waste management facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. 1.60 Missed Collection: any occasion when the Contractor does not provide Collection Service to a Customer in accordance with the provisions of this Agreement. 1.61 Multi-Family Residence: a group of three or more Dwelling Units within a single building, attached side-by-side or one above another, wherein each Dwelling Unit is individually owned or leased on land which is under common or single ownership. 1.62 Non-Collection Notice: a durable tag or sticker placed on a container or material that has not been Set Out for Collection by a Customer in accordance with the requirements of this Agreement. 1.63 Non-Conforming Material: any material that is Set Out for Collection in a Recycling Container, but is not a Recyclable Material. 1.64 Non-Program Recyclables: Recyclable Materials that are not Program Recyclables, but are segregated from other materials in the Waste Stream. 1.65 Ordinance(s): the Code of laws and Ordinances of Collier County, Florida. 1.66 Organic Waste: Garbage other similar putrescible Solid Waste, including source separated food waste and food-soiled paper. Organic Waste does not include Yard Trash. 1.67 OSHA: the Occupational Safety and Health Act, as amended, and all implementing regulations. 6 of 71 .------_.....- ~ ~---,. - lOA 1.68 Peñormance Bond: the bond provided by the Contractor to the County to secure the Contractor's performance under this Agreement. 1.69 Person: any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. 1.70 Premises: Improved Real Property. 1.71 Private Hauler: any Person engaged in the business of collecting and transporting Commercial Recyclables. 1.72 Program Recyclables: Recyclable Materials that have been designated by the Board for Collection from Residential and/or Commercial Customers, and are segregated from other materials in the Waste Stream. 1.73 Radioactive Waste: any equipment or materials that are radioactive or have radioactive contamination, and are required by law to be stored, treated, or disposed of as radioactive waste. 1.74 Rates: Board-approved amounts to be charged for Residential Collection Service, Residential Supplemental Collection Service, Commercial Collection Service, and Commercial Supplemental Collection Service. 1.75 Recovered Material: metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Waste Stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Recovered Material does not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber). 1.76 Recovered Materials Processing Facility (RMPF): a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. 1.77 Recyclable Materials: materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. This term encompasses Program Recyclables and Non-Program Recyclables. 1.78 Recycling Bin: eighteen (18) gallon green bins, hot-stamped or stenciled with information approved by the Director, and used for the Collection of Program Recyclables from Residential Customers. 1.79 Recycling Cart: a heavy-duty plastic container that is mounted on two wheels, complies with the specifications in Section 10.3 herein, and is used for the Collection of Recyclable Materials. 1.80 Recycling Container: any container approved by the Director for the Collection of Program Recyclables, including but not limited to Recycling Bins, Recycling Carts and Commercial Recycling Containers. 1.81 Recycling Facility: any facility that recycles discarded materials, including, but not limited to any MRF, RMPF, buy-back center, drop-off center (permanent or mobile), and Recyclable Materials processing facility. 7 of 71 ~-~~ ~-~ . IDA 1.82 Recycling Program: all aspects of the County's program for the Collection, transportation, processing, marketing and handling of Recyclable Materials, including educational activities, technical projects, compliance monitoring, and enforcement. 1.83 Rejects: non-Recyclable Materials, other than Residue, that are collected by the Contractor with Recyclable Materials. 1.84 Residential Collection Service: the Collection of Residential Waste from Residential Customers. 1.85 Residential Customer: a Person who occupies Residential Real Property located within the Contractor's Service District. Residential Customers include those Customers that occupy a Multi-Family Residence and receive Commercial Collection Service. 1.86 Residential Program Recyclables: Program Recyclables generated by Residential Customers. 1.87 Residential Real Property: Improved Real Property that is located in Service District II and used for residential purposes, including, but not limited to: single family residences; duplex apartments; apartment buildings; recreational vehicle lots contained within mobile home parks; recreational vehicles; mobile homes; condominium units; cooperatives established pursuant to Chapter 719, Florida Statutes; time-share apartments; leased residential Premises of the classes described above, whether occupied or not; and Premises occupied as a residence located in or upon commercially zoned real property; provided, however, that where property is used exclusively as a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property shall be deemed Commercial Real Property. 1.88 Residential Supplemental Collection Services: any service provided to a Residential Customer by the Contractor that is not included in the Residential Collection Service funded by the County's Special Assessment and provided to all Residential Customers pursuant to Section 7.1 of this Agreement. 1.89 Residential Waste: Garbage, Rubbish, Yard Trash, Program Recyclables, Bulk Waste, and White Goods generated by a Residential Customer upon the Customer's Residential Real Property. 1.90 Residential Yard Trash: Yard Trash that is generated upon a Residential Customer's Residential Real Property. Yard Trash collected by a Commercial Lawn Care Service is not Residential Yard Trash. 1.91 Residue: the portion of the Recyclable Materials accepted at a Recycling Facility that is not converted to Recovered Materials due to spoilage, breakage, contamination, or transportation or processing inefficiencies. Residue does not include Rejects. 1.92 Roll Cart: a heavy-duty plastic container that is mounted on two wheels, complies with the specifications in Section 10.3 herein, and is used for the Collection of Garbage and Rubbish. 1.93 Rubbish: waste materials, other than Garbage, resulting from normal housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish includes but is not limited to discarded trash, paper, plastic, bottles, cans and similar materials. 8 of 71 ^---...---." ~.*"-" ~ ---".~ IDA 1.94 Service Area: the combined areas of Service Districts I and II. 1.95 Service District I: the unincorporated area of the County that will receive Solid Waste Collection Service from a Person other than the Contractor. Service District I encompasses the area that is described in Exhibit I II (A) and depicted in Exhibit IV. 1.96 Service District II: the unincorporated area of the County that will receive Solid Waste Collection Service from the Contractor pursuant to this Agreement. Service District II is described in Exhibit III(B) and depicted in Exhibit IV. 1.97 Set Out: the proper preparation and placement of Solid Waste and Program Recyclables for Collection at a Customer's Premises, in accordance with the requirements in this Agreement and the County's Ordinances. 1.98 Sludge: the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 1.99 Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste includes but is not limited to Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris, Commercial Waste, Disaster Debris, Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Organic Waste, Radioactive Waste, Recyclable Materials (until they are recycled) , Rejects, Residential Waste, Residue, Rubbish, Special Waste, Tires, White Goods and Yard Trash. 1.100 Special Assessment: the non-ad valorem assessment that is levied upon certain real property in unincorporated Collier County and used to provide funding for the County's Solid Waste management program. 1.101 Special Waste: Solid Waste that can require special handling and management, including, but not limited to, White Goods, Tires, used oil, lead-acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, Biological Waste, Hazardous Waste, and Biomedical Waste. 1.102 Supplemental Collection Service: Residential Supplemental Collection Service and Commercial Supplemental Collection Service. 1.103 Tipping Fee: the fee charged for the disposal or processing of Solid Waste or Recyclable Materials at a Designated Site. 1.104 Tires: discarded automotive tires, including rims, but excluding tires that exceed 25 inches in diameter. 1.105 Transition Period: the period of time between the Effective Date and the Commencement Date. 1.106 Transition Plan: a document describing in detail the activities that will be undertaken and the schedule that will be followed to successfully implement the Contractor's Collection Service under this Agreement on the Commencement Date. 9 of 71 .-...-' .""''''' >-,_..~---~..,--,_._-_..,_., - - IDA 1.107 Unintentional Damage: damage caused to containers by an act unlikely, in normal circumstances, to result in said damage. Unintentional Damage includes but is not limited to cases where the wheels of a container fall off or break when the container is handled in the same manner as other containers of the same type. 1.108 Waste Stream: Garbage, Rubbish, Recyclable Materials, Yard Trash, Construction and Demolition Debris, and other types of Solid Waste. 1.109 White Goods: large discarded appliances, including but not limited to, refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave ovens, and air conditioners. 1.110 Yard Trash: vegetative matter resulting from landscaping maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches and stumps. However, such items shall not be considered Yard Trash if they are collected by a Commercial Lawn Care Service. 2 Exclusive Franchise and Term 2.1 Exclusive Franchise Granted Subject to the conditions and limitations contained in this Agreement, the Contractor is hereby granted an exclusive franchise to provide Residential Collection Service and Commercial Collection Service within Service District II. No other services shall be exclusive to the Contractor under this Agreement. Among other things, the Contractor's franchise does not include Collection of the Exempt Materials identified in Section 5.18 of this Agreement. 2.2 Term of Franchise Aqreement This Agreement shall take effect and be binding upon the parties from the Effective Date until terminated. The Contractor's Collection Service under this Agreement shall commence on October 1, 2005, which is the Commencement Date. The term of this Agreement shall be eight (8) years, beginning on the Commencement Date and ending at 11 :59 pm on September 30, 2013, unless this Agreement is terminated earlier or extended. 2.3 Renewal Option This Agreement may be renewed by the County for two (2) additional terms of seven (7) years each, unless the Contractor gives written notice to the Manager that the Contractor is not willing to renew this Agreement and such notice is delivered at least two (2) years before the expiration of the then current term of this Agreement. 2.4 Termination of Collection Service Under Existinq Aqreement The Contractor currently provides services to the County pursuant to a Solid Waste Collection Service Agreement ("Existing Agreement") dated September 11, 1990, as amended. The Existing Agreement provides that it shall terminate on September 30, 2006. Notwithstanding the provisions in the Existing Agreement, the Contractor and County agree that the Contractor's obligation to provide Collection Service under the Existing Agreement shall terminate on October 1, 2005. Thereafter, the Contractor shall provide Collection Service in accordance with the terms and conditions contained in this Agreement. 1 0 of 71 - -_._-~ ......".....--."......-'''.-..-.''. 1 QA 3 Agreement Documents 3.1 Aqreement Documents The Agreement documents, which comprise the entire Agreement between the County and Contractor, shall be attached to this Agreement and made a part hereof. On the Effective Date, the Agreement documents shall consist of the following: · This Agreement · The Exhibits to this Agreement: Exhibit I through Exhibit VIII Thereafter, the Agreement shall be supplemented with the following: · The Performance Bond and Insurance Certificates · Any amendments to this Agreement that are approved by the Board and Contractor There are no Agreement documents other than those listed above. 3.2 Conflicts Between Aqreement Documents In the event of a conflict between this Agreement and the provisions of any exhibit, the provision of this Agreement shall control. 4 Service District During the term of this Agreement, the Contractor shall provide Collection Service to all Customers within Service District II. The legal descriptions of Service Districts I and II are provided in Exhibits III(A) and III(B), respectively. A map of the Service Districts is provided in Exhibit IV. 5 General Provisions 5.1 County Vision. Mission. and Value Statements Contractor agrees to uphold and promote the Vision, Mission, and Value Statements of Collier County, which are contained in Exhibit VIII. 5.2 General Description of Collection Services 5.2.1 Except as otherwise provided herein, Contractor shall provide Collection Service for all of the Residential Waste and Commercial Waste generated by each Customer in Service District II. 5.2.2 Except as otherwise provided herein, all Improved Real Property within Service District II shall receive either Residential Collection Service or Commercial Collection Service. 5.2.3 Contractor shall deliver all of the Residential Waste and Commercial Waste collected pursuant to this Agreement to the Designated Sites, in compliance with the requirements of this Agreement and the Ordinance. 5.3 Transition Prior to Commencement Date Contractor is responsible for ensuring a smooth transition in the Collection Service provided to Residential Customers and Commercial Customers on the 11 of 71 . .-.. lOA Commencement Date. No later than March 15, 2005, Contractor shall submit to the Director a Transition Plan that contains a detailed description of how the Contractor will plan and prepare for the provision of Collection Service under this Agreement. The Transition Plan is subject to the approval of the Director. At a minimum, Contractor must address the following specific performance requirements in the Transition Plan and accomplish them according to the following deadlines: By April 1, 2005 Contractor and County shall hold the first Transition Planning Meeting. By May 1, 2005 Contractor shall provide to the Director a Collection Plan, which shall be subject to the approval of the Director. By June 15, 2005 Contractor shall provide the Director with a revised Collection Plan, if necessary. By July 1,2005 Contractor shall submit to the Director documentation demonstrating that all necessary vehicles, equipment, and containers have been ordered and will be delivered to Contractor's equipment yard no later than August 1,2005. By July 15, 2005 Contractor and County shall hold the second Transition Planning Meeting. By August 1,2005 Contractor shall provide the Director with a Contingency Plan. By September 1, Contractor shall provide to the Director a written safety 2005 plan covering all aspects of Contractor's operations under this Agreement. By September 10, Contractor shall confirm in writing to the Director that all of 2005 the vehicles and containers necessary to provide Collection Service have been delivered to Contractor's equipment yard. By September 15, Contractor shall confirm in writing to the Director that all of 2005 the vehicles necessary to provide Collection Service have been registered, licensed, and tagged, and otherwise are ready to perform in compliance with the requirements of this Agreement. By September 15, Contractor shall provide the Director with a vehicle and 2006 equipment list, which shall identify the make, type, year, license number, and identification number for each vehicle. At least 2 weeks prior Contractor shall deliver County-approved brochures or to Commencement other informational materials to Residential and Date Commercial Customers, informing them about the Contractor's Collection Service and collection schedules. 12 of 71 . '~"".~~.~n" lOA 5.4 Transition Prior to Expiration of this Aqreement 5.4.1 Should the County choose not to exercise the renewal options of this Agreement or should no renewal options remain, the County anticipates awarding a new agreement at least six (6) months prior to the expiration of this Agreement. In the event a new agreement has not been awarded within such time frame, Contractor shall provide Collection Service to the County for an additional ninety (90) days after the expiration of this Agreement, at the then established Rates, if the County requests said service. 5.4.2 Contractor shall allow the County's newly selected franchise hauler(s) to purchase, or rent for up to ninety (90) days, Contractor's Commercial Containers. The purchase price and/or rental fee shall be negotiated. 5.4.3 Prior to the expiration of this Agreement, Contractor shall work with the County and the newly selected franchise hauler(s) to ensure a smooth transition period with no interruption or reduction of service. The Contractor shall comply with the following performance requirements and deadlines: 180 days prior to Provide to the Director and the selected franchisee a Commercial expiration of Container inventory, in a format acceptable to the County, that Agreement includes each container's location (street address), capacity, identification number, collection frequency, Customer name, Customer contact information, and whether the container is owned by the Customer or the Contractor. Thereafter, the Contractor shall not replace or exchange any Contractor-owned containers listed in the Commercial Container inventory, without the Director's approval. 150 days prior to Attend a coordination meeting with the selected franchisee and expiration of the County. At the coordination meeting, the Contractor shall Agreement provide a list of Contractor-owned containers that may be purchased by the selected franchisee. 120 days prior to Work with the selected franchisee(s) to develop a mutually expiration of agreeable schedule for removal of Contractor-owned Commercial Agreement Containers and placement of the selected franchisee's containers. The schedule shall ensure no interruption in Collection Service. 30 days prior to Implement the schedule in cooperation with the selected expiration of franchisee. Agreement 5.4.4 Prior to the expiration of this Agreement, the County may purchase the Roll Carts, Recycling Bins, Recycling Carts, Commercial Containers and/or Commercial Recycling Containers provided by the Contractor under this Agreement. The County shall pay the Fair Market Value for any containers that the County wishes to purchase from the Contractor. 5.5 Hours and Davs of Collection Service 5.5.1 Contractor shall not provide Residential Collection Service prior to 6:00 a.m. or after 6:00 p.m., unless otherwise authorized by the Director. 13 of 71 lOA 5.5.2 Contractor shall not provide Commercial Collection Service for Commercial Customers located within two hundred (200) feet of Residential Real Property prior to 6:00 a.m. or after 6:00 p.m., unless otherwise authorized by the Director. Contractor may provide Commercial Service at other locations at any reasonable time, subject to the Director's approval. 5.5.3 Collection Service shall be provided by the Contractor on Monday through Saturday, except Holidays, or as otherwise authorized by the Director. 5.5.4 Contractor shall not be required to provide Collection Service on days that the Designated Site is closed. 5.6 Routes and Schedules Contractor shall establish Collection routes and schedules that satisfy the Collection Service requirements of this Agreement and maximize the efficiency of the Contractor's operation. Contractor shall submit its proposed Collection routes and schedules to the Director as part of the Contractor's Collection Plan. To the extent practicable, Contractor shall ensure that the Collection Plan minimizes the changes to existing Collection routes. Contractor's proposed Collection routes and schedules shall be subject to the Director's approval. Contractor shall provide Collection Service in accordance with the approved routes and schedules in the Collection Plan. 5.7 Chanqes to Routes and Schedules 5.7.1 After the Commencement Date, Contractor shall not change a Collection route, a Collection schedule, or the method of providing Collection Service until the Contractor receives the Director's approval. Contractor shall submit to the Director a description of all proposed route, schedule, and operational changes at least thirty (30) days prior to implementation of such changes, unless an alternate notification deadline is approved by the Director. 5.7.2 Contractor shall notify all affected Customers in writing regarding any approved changes in the Contractor's schedule or method of providing Collection Service. The notice shall be delivered at least two (2) weeks prior to such change, unless a different schedule is authorized herein or by the Director. 5.7.3 Contractor shall inform the Director of any event that will cause delays in the daily Collection schedule (e.g., disabled trucks, accidents, or shortage of staff) within two (2) hours of the event. 5.8 Addition of New Customers to Customer List 5.8.1 At least thirty (30) Days before the Commencement Date, the Contractor shall obtain and review the County's Customer List and verify that the Customer List is accurate and complete. The Customer List shall be prepared by the County, based on the list that is used by the County for the collection of the County's Special Assessment. The Contractor shall work with the County to ensure that the Customer List is accurate at all times. The parties shall promptly notify each other of any Customers that should be added to or deleted from the Customer List. 5.8.2 The County shall revise its Customer List and shall notify the Contractor promptly after a new Certificate of Occupancy is issued by the County for 14 of 71 ~- ,...._._~>.. -~,.<._'.., lOA Improved Real Property in Service District II. Contractor shall provide Collection Service to each new Residential Customer when the Customer places its Solid Waste at Curbside. 5.8.3 The Contractor shall terminate its Residential Collection Service within five (5) Days after the Director provides the Contractor with the name and address of a Customer has been deleted from the Customer List. 5.8.4 Contractor shall provide Collection Service to Customers located in areas that are added to the Contractor's Service District during the term of this Agreement. 5.9 Holidavs 5.9.1 Contractor shall not be required to provide Collection Service on Holidays. 5.9.2 When the scheduled Day for Collection Service for a Commercial Customer is a Holiday, the Contractor shall provide Collection Service to the Commercial Customer on the Day before the Holiday, if such service is requested by the Commercial Customer, or the Contractor shall provide Collection Service to the Commercial Customer on the next Day following the Holiday. 5.10 General Collection Procedures 5.10.1 Contractor shall thoroughly empty Collection Containers and return them in an upright position to the location where they were placed by the Customer. 5.10.2 Contractor shall handle Collection Containers carefully and in a manner to prevent damage. 5.10.3 Contractor shall provide Collection Service with as little noise and disturbance as possible. 5.11 Mixinq Loads of Materials 5.11.1 Contractor shall not combine Loads of Solid Waste or other materials collected pursuant to this Agreement with Loads of Solid Waste or other materials collected outside of the Contractor's Service District, without the prior written approval of the Director. 5.11.2 During the Collection process, each one of the following materials shall be handled separately by the Contractor, and shall not be combined with any other type of material, without the Director's prior approval: Yard Trash; Program Recyclables; Bulk Waste; White Goods; Electronic Equipment; Tires; or any other materials that are to be handled separately under this Ag reement. 5.11.3 Contractor shall not combine Program Recyclables with any other material. 5.11.4 Contractor shall not combine Residential Waste with Commercial Waste, or Residential Program Recyclables with Commercial Recyclables. without the Director's prior written approval. At the sole discretion of the County, combining such materials may be considered in instances where this practice will result in savings to the Customer or County. In such cases, the Contractor shall file a petition with the Director, describing the specific procedures that will be established to properly account for the mixed materials. Unless the Director approves an alternate procedure, the 15 of 71 ----~--- ~-~- lOA Contractor shall pay the Tipping Fee for Residential Waste when Commercial Waste is mixed with Residential Waste, and the Contractor shall pay the Tipping Fee for Commercial Waste when Residential Waste is mixed with Commercial Waste. 5.12 Non-Collection Procedures 5.12.1 Contractor is not required to collect Solid Waste, Program Recyclables, or other materials that have not been Set Out for Collection by a Customer in accordance with Section 6 and the other provisions of this Agreement. If such materials are not collected, Contractor shall immediately place a Non- Collection Notice on the container or Non-Conforming Materials. If the Contractor does not place a Non-Collection Notice on the container or material, the Director may require the Contractor to return promptly and collect the materials. If the Director notifies the Contractor before 12 p.m. (noon), the Collection shall be completed before the end of the Day. If the Director notifies the Contractor after noon, the Collection shall be completed before noon on the next Day. 5.12.2 Contractor is responsible for visually inspecting each Customer's Recycling Containers to determine whether they contain Non-Conforming Materials, Non-Program Recyclables, and/or excessively contaminated Recyclable Materials. Contractor shall leave Non-Conforming Material, Non-Program Recyclables, and excessively contaminated recyclables in the Recycling container, and shall immediately place a Non-Collection Notice on the Container explaining why the material was rejected. 5.12.3 In the event a Commercial Container or Commercial Recycling Container is overfilled and cannot be safely dumped, the Contractor shall immediately place a Non-Collection Notice on the container, notify the Customer, and reschedule service. Rescheduling shall be considered a Supplemental Collection Service, which can be arranged between the Contractor and the Customer for an additional fee. The fee is set forth in Exhibit I{B). 5.12.4 Contractor shall refuse to collect Solid Waste from a Customer if the Contractor believes that the Solid Waste contains Hazardous, Radioactive, or Biomedical Waste. If the Contractor believes a Customer is depositing such waste for Collection, the Contractor shall place a Non-Collection Notice on the container, take photographs of the improper waste (if possible), and immediately notify the Director. If the generator of such waste is unknown, the Contractor shall work with the Director to identify the generator of such waste. 5.12.5 If a Commercial Container or Commercial Recycling Container is temporarily inaccessible or blocked, the Contractor shall promptly (Le., within two hours) notify the Customer by telephone concerning the Contractor's inability to provide Collection Service. The Contractor shall offer to provide Collection Service later in the same Day, whenever feasible. The Contractor also shall notify the Director by telephone or by electronic mail, before the end of the Day. The Contractor shall provide service on the Customer's next regular Collection Day, unless a special Collection is arranged for an earlier time. Special Collection times can be arranged with the Contractor for an additional fee, which is set forth in Exhibit I{B). 16 of 71 ----..- ------~_._-- - _..----..,-,- ---..-- lOA 5.12.6 The design and content of the Non-Collection Notice(s) used by the Contractor shall be subject to the approval of the Director. At a minimum, Non-Collection Notices shall provide the following information: the Contractor's reason for not providing Collection Service; information that will allow the Customer to correct the problem; and a County telephone number for any further questions. 5.13 Missed Collection Procedures Upon notification by the Director of a Legitimate Complaint regarding a Missed Collection, the Contractor shall promptly return to the Customer's Premises and collect all properly prepared Solid Waste and Program Recyclables. If the Director notifies the Contractor before 12 p.m. (noon), the Collection shall be completed before the end of the Day. If the Director notifies the Contractor after noon, the Collection shall be completed before noon on the next Day. 5.14 Protection of Private and Public Property 5.14.1 Contractor's employees shall not trespass on private property for any reason (e.g., to access an adjacent property), unless the resident or owner of said property has given permission. 5.14.2 Contractor's employees shall take care to prevent damage to public and private roadways and property, including flowers, shrubs, and other plantings. 5.14.3 Contractor shall be responsible for all costs associated with the repair or replacement of property that has been damaged by the Contractor's equipment, employees or agents. The Contractor shall promptly investigate and respond to any claim concerning property damage. If the Director notifies the Contractor before 12 p.m. (noon) concerning any such damage, the Contractor shall investigate and respond to the Director before the end of the Day. If the Director notifies the Contractor after noon, the Contractor shall investigate and respond to the Director before noon on the next Day. Contractor shall promptly repair any damage, at its sole expense, within three (3) Days, unless the Contractor requests and the Director grants approval of an extension of time. The County's approval shall not be unreasonably withheld. Any disputes concerning the Contractor's obligations for the repair of damages shall be resolved by the Director. 5.15 Access to Streets and Collection Containers 5.15.1 Contractor's vehicles shall not unreasonably interfere with vehicular or pedestrian traffic. Contractor's vehicles shall not be left standing on streets and alleys unattended. 5.15.2 If the Contractor cannot provide Collection Service to a Customer because a public or private street is temporarily closed to vehicular traffic, Contractor shall notify the Director within two (2) hours and shall return within twenty- four (24) hours to service Customers located on the street. If at that time the street is still temporarily closed, Contractor shall provide Collection Service to the Customer(s) on the next regularly scheduled Collection Day. 5.15.3 The County reserves the right to deny the Contractor's vehicles access to certain streets, alleys and roadways where the County determines it is in the public's best interest. The County shall provide the Contractor with 17 of 71 n~'_ ,,_.<.- ..__..._-,.~ .'""-"'--~'-"""-"-"-~- ,~._~ ._--, IDA reasonable notice of such access denial so that the County's action does not interfere unduly with the Contractor's normal operation. 5.15.4 The Contractor shall use suitable vehicles and equipment, as necessary, to provide Collection Service on dead-end streets. The Contractor's vehicles shall not enter or drive upon any private driveways or Premises, to turn around or for any other purpose, and Contractor shall repair any damage it causes to such areas, pursuant to Section 5.14.3, above. However, if the use of a private driveway is authorized in writing by the Director, the County shall be responsible for the repair of such driveway, provided that Contractor uses the driveway in compliance with any conditions and limitations contained in the Director's authorization. 5.15.5 If access to a street, alley, or public or private way becomes impassable or if access is denied, Contractor shall work with the County and the Customer to determine a mutually acceptable location for the Collection of Residential Waste or Commercial Waste. If a mutual agreement cannot be reached, Collection shall be from the nearest public way that is accessible by the Collection vehicle, or other location specified by the Director. 5.15.6 If the Contractor encounters Customers or situations that prevent or hinder the Contractor from gaining access needed to provide the Collection Service required in this Agreement, the Contractor shall report such cases to the Director. 5.16 Desiqnated Sites 5.16.1 Contractor shall deliver all of the Solid Waste collected under this Agreement to the Designated Site, unless the Director approves the use of a different Solid Waste management facility. The Designated Site for Solid Waste is the Immokalee Landfill. 5.16.2 Contractor shall abide by any applicable requirements concerning the delivery of materials to the Designated Site(s). 5.16.3 Unless instructed otherwise by the Director, the Contractor shall segregate and separately dispose of Garbage, White Goods, Tires, lead-acid batteries, Bulk Waste, and Yard Trash at designated areas of the Immokalee Landfill. The Contractor shall not pay a Tipping Fee for the disposal of these materials at the Immokalee Landfill if such materials were collected from the Contractor's Residential Customers under this Agreement. 5.16.4 The Contractor may deliver materials to the Immokalee Landfill during the following hours of operation: Designated Disposal Site: Hours of Deliver: Immokalee Landfill 8:00 a.m. to 5:00 5.16.5 Program Recyclables, Recovered Materials, and Electronic Equipment collected under this Agreement shall be delivered by the Contractor to the Designated Sites for such materials. The Designated Sites for Program Recyclables, Recovered Materials, and Electronic Equipment shall include all properly licensed Recycling Facilities, subject to the Director's approval. 18 of 71 ----"-_....- w'" ~_...._~ ~.'- <..". IDA 5.17 Spillaqe and Litter 5.17.1 Contractor shall not cause or allow any Solid Waste or other material to be spilled, released, or otherwise dispersed in the County as a result of the Contractor's activities under this Agreement. When hauling or transporting any material over public roads in the County, the Contractor shall use a covered or enclosed vehicle or other device that prevents the material from falling, blowing, or otherwise escaping from the vehicle. 5.17.2 If Solid Waste, Recyclable Materials, or any other material escapes from or is scattered by Contractor's vehicle for any reason, Contractor shall immediately pick up such material. 5.17.3 Contractor shall immediately pick up any spillage from Collection Containers caused by the Contractor. Overloaded Commercial Containers shall not be considered spillage by the Contractor. 5.17.4 Contractor's vehicles shall not release or cause litter in violation of the "Florida Litter Law", Section 403.413, Florida Statutes, or the County's Ordinance. If Solid Waste, Recyclable Materials, or other litter is released or falls from Contractor's vehicle for any reason, the Contractor shall immediately stop the vehicle and retrieve the litter. Failure to do so shall be considered a violation of the Florida Litter Law and this Agreement. 5.17.5 The Contractor shall immediately clean up any oil or hydraulic fluid that leaks or spills from Contractor's vehicles. If the Director notifies the Contractor before 12 p.m. (noon) concerning any leaks or spills, the Contractor shall complete its clean-up activities before the end of the Day. If the Director notifies the Contractor after noon, the Contractor shall complete its clean-up before noon on the next Day. The Contractor also shall repair any associated damage, pursuant to Section 5.14.3, above. 5.18 Exempt Materials The following types of Exempt Materials are not subject to the Contractor's exclusive franchise under this Agreement. These Exempt Materials may be collected and taken to a licensed disposal site or Recycling Facility by the owner or occupant of the Premises, or their agent, at the owner's or occupant's expense. 5.18.1 Land Clearing Debris. 5.18.2 Construction and Demolition Debris. 5.18.3 Trash and debris associated with farming operations. 5.18.4 Extraordinary, Hazardous, Biomedical, and Radioactive Waste. 5.18.5 Wrecked, scrapped, ruined or dismantled motor vehicles, or motor vehicle parts, including used oil, Tires, and batteries. 5.18.6 Recyclable Materials generated by a Commercial Customer, provided the materials are subjected to a recycling process, and the Commercial Customer reports to the Director, upon request, about the disposition of the Recyclable Materials. 5.18.7 Non-Program Recyclables generated and separated from the Waste Stream by Residential Customers. 5.18.8 Solid Waste and by-products resulting from an industrial process. 19 of 71 0'''- .~___··~·~w.'_. ..--...----.'- lOA 5.18.9 Solid Waste and Recyclable Materials generated in the incorporated areas of Collier County. 5.18.10 Sludge. 5.18.11 liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. 5.18.12 Commercial Organics. 5.18.13 Yard Trash generated on Commercial Real Property. 5.18.14 Materials and wastes similar to those listed above, when designated by the Director. 5.19 Safety Proqram 5.19.1 The Contractor shall develop, implement and maintain a written safety plan for all of its operations under this Agreement, as required by OSHA and other Applicable Laws. A written copy and an electronic copy of the safety plan shall be provided to the Director. The Contractor shall comply with its safety plan at all times. 5.19.2 The Contractor shall appoint an employee who is qualified and authorized, as defined by OSHA, to supervise and enforce safety compliance. 5.19.3 The Contractor shall provide routine safety training to its employees, in compliance with OSHA and all Applicable Laws. Refresher courses and supplemental training shall be provided as necessary. Documentation of the Contractor's training programs, and successful training of each employee, shall be maintained on file and shall be provided to the Director upon request. 5.19.4 The Contractor shall follow all OSHA regulations and Applicable Laws with regard to personal protective equipment. The Contractor's employees shall be instructed to drive in a defensive manner. 5.19.5 A written procedure shall be established for the immediate removal to a hospital or a doctor's care of any employee or other Person that is injured and requires care from the Contractor. 5.20 Collection Plan 5.20.1 The Contractor shall prepare a Collection Plan that describes in detail how the Contractor will provide Collection Services in compliance with the requirements in this Agreement. At a minimum, the Collection Plan shall identify and describe the vehicles, equipment, routes, and schedules the Contractor will use. The Collection Plan shall include a legible map for each Collection route, identifying the Day(s) when Collection Service will be provided, the starting and ending points for Collection Service, and the type of Collection Service that will be provided on each Collection Day. 5.20.2 The Collection Plan shall describe the Contractor's plan for recycling the Recyclable Materials collected under this Agreement. At a minimum, the Collection Plan shall identify the number and types of vehicles that will be used to collect Recyclable Materials, and the Recycling Facility that will receive the Recyclable Materials. 20 of 71 ~'-'- lOA 5.20.3 The Collection Plan shall include the manufacturer's specification sheets for the Contractor's Recycling Bins, Recycling Carts, Roll Carts, and Commercial Containers, as provided in Section 10.3.4 herein. 5.20.4 An updated Collection Plan shall be submitted to the Director within two (2) Days whenever the Contractor changes the Collection Plan. 5.20.5 The Collection Plan, and any revisions to the plan, are subject to the Director's approval. 5.21 Ownership of Solid Waste and Proqram Recyclables From the time that Solid Waste and Program Recyclables are placed at the Curbside or other authorized location for Collection, such materials shall be the sole property of the County. Except where specifically approved in this Agreement, neither the Contractor nor its employee(s) shall have the right to take, keep, process, alter, remove or otherwise sell or dispose of any of the Solid Waste or Program Recyclables collected pursuant to this Agreement, without the prior written approval of the Director. 5.22 Compaction of Proqram Recyclables Contractor may compact Program Recyclables while on board the Contractor's vehicle, provided that the compaction process and the density of the Load does not adversely affect the marketability of the Program Recyclables. The density shall be computed by dividing the weight of the Program Recyclables in the Load by the capacity (measured in cubic yards) of the compartment holding the Program Recyclables on the Contractor's vehicle. If the compaction process or density affects the marketability of the Recyclable Materials, the allowable density may be changed by the Director. Further, the allowable density may be changed by the Director if the County requires the Contractor to deliver the Program Recyclables to a Recycling Facility in Collier County pursuant to Section 18.2 herein. 5.23 Sale of Proqram Recyclables At its cost, the Contractor shall market and sell all of the Residential Program Recyclables and Commercial Recyclables collected by the Contractor pursuant to this Agreement. The Contractor shall be entitled to keep all of the revenues from the sale of these Recyclable Materials, and shall pay for the disposal of all unmarketable materials. The Contractor shall provide the Director with accurate, detailed reports concerning the revenues derived from the sale of Recyclable Materials collected in the County. The report shall separately identify the revenues derived from the sale of each one of the Program Recyclables. The report shall clearly explain how the Contractor estimated the weight and value of the Recyclable Materials in those cases where estimates were used. The reports shall be submitted monthly and annually with the other information required pursuant to Sections 16.2 and 16.3 of this Agreement. 5.24 Disposal of Recyclable Materials 5.24.1 Except as expressly authorized herein, the Contractor shall not dispose of any Program Recyclables that have been collected in the County. Such materials shall be sold or otherwise used for a beneficial purpose. 5.24.2 Rejects and Residue shall be beneficially reused or delivered to a Solid Waste management facility for disposal. 21 of 71 ~------- ..- --- . .... IDA 5.24.3 The Contractor may file a written petition for relief with the Board if the Contractor determines that the net cost of marketing one or more of the County's Program Recyclables exceeds the net revenues derived from the sale of all of the Program Recyclables. The Contractor's petition shall contain a detailed accounting of the Contractor's costs and revenues for the marketing and sale of Program Recyclables. The petition shall demonstrate that no commercially viable markets have been available to the Contractor for at least ninety (90) calendar days and none are expected to arise within the next ninety (90) calendar days. When evaluating the Contractor's costs, the County shall not consider the costs associated with the Collection, transportation, storage, and preparation of the Recyclable Materials. If the Board determines that relief is appropriate, the Board may: (a) delete one or more Recyclable Materials from the list of Program Recyclables; (b) reimburse the Contractor for those marketing costs incurred by the Contractor in excess of the revenues generated from the sale of the Program Recyclables; (c) allow the Contractor to dispose of the unmarketable materials at the Immokalee Landfill, without paying the Tipping Fee; or (d) such other relief as the Board deems appropriate. 5.24.4 If the Contractor files a petition with the Board, the Manager shall review the petition within ten (10) Days and, if the petition appears to be meritorious, the Manager shall allow the Contractor to take the County's unmarketable Program Recyclables to the Immokalee Landfill for disposal until the Board makes a final determination concerning the Contractor's petition. In such cases, the Contractor shall not pay a Tipping Fee at the Immokalee Landfill for the disposal of the unmarketable materials. 6 Set Out Procedures 6.1 Residential Customers 6.1.1 Except as otherwise provided herein, Residential Customers shall use Curbside Containers for the Collection of Garbage, Rubbish, and Yard Trash, and shall use Recycling Bins for the Collection of Program Recyclables. Residential Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. 6.1.2 Roll Carts shall be used by Residential Customers for Garbage or Rubbish, but not Yard Trash. Other types of Curbside Containers, except plastic bags, shall be used for Yard Trash. Such containers are subject to the Director's approval, and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of its contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Such containers shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight when filled. 6.1.3 Residential Program Recyclables shall be Set Out for Collection in Recycling Bins. Cardboard placed in Recycling Bins shall be flattened and, if necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also be stacked and placed outside the Recycling Bin. 22 of 71 -,,'_"'0-" ---~- ._--'-"'-~ ."0 .._m_···_·..·,.__··,.~. _._".-~~"" ." -- lOA 6.1.4 Discarded materials from small household repairs, renovations or projects shall be placed in a Roll Cart. 6.1.5 Curbside Containers, Roll Carts, Recycling Bins, Recycling Carts, and any non-containerized waste appropriate for Curbside Collection shall be placed at the Curbside prior to 6:00 a.m. on the scheduled Collection Day. These containers and materials shall be placed at least four (4) feet from mailboxes or other obstacles. 6.1.6 A Residential Customer shall not Set Out for Collection more than four (4) Tires and two (2) lead acid batteries per month. 6.1.7 A Residential Customer shall contact the Director when the Customer wishes to receive Curbside Collection of Bulk Waste, White Goods, Electronic Equipment, Tires, or lead acid batteries. 6.2 Commercial Customers 6.2.1 Commercial Customers shall use Commercial Containers and/or Roll Carts for the Collection of Commercial Waste. The Director may authorize the use of Curbside Containers by Commercial Customers where efficiency or other circumstances justify. 6.2.2 Commercial Customers shall place all Commercial Waste and Recyclable Materials in a Collection Container. 6.3 Residential and Commercial Customers 6.3.1 Garbage, Organic Waste, and similar putrescible waste shall not be collected, stored, or Set Out in an open, uncovered Collection Container. 6.3.2 Solid Waste and Yard Trash shall not be placed in the same Collection Container. 6.3.3 Yard Trash placed in Curbside Containers shall not exceed four (4) feet in length or fifty (50) pounds in weight, and shall not extend more than twelve (12) inches over the top of the Curbside Container. Yard Trash shall not be Set Out for Collection in plastic bags. 6.3.4 Customers shall not overfill Roll Carts, Recycling Carts, or Commercial Containers such that lids cannot be securely closed. 6.3.5 Yard Trash that is not containerized shall be bundled and securely tied with a cord or other material strong enough to support the weight of the bundle. Non-containerized Yard Trash shall not exceed fifty (50) pounds in weight. Non-containerized Yard Trash shall not exceed four (4) feet in length or four (4) inches in diameter. The foregoing restrictions also shall apply to other types of non-containerized Solid Waste, except Bulk Waste and Extraordinary Waste. 6.3.6 All Collection Containers shall be placed in locations that allow easy access and convenient use by Customers, and are readily accessible to the Contractor's vehicles. 6.3.7 Commercial Containers shall be placed on a paved level surface. All approaches to Commercial Containers shall be capable of supporting the weight of the Collection vehicle. 23 of 71 --. -,----"-~ lOA 6.3.8 In the event the Customer and Contractor cannot agree upon an appropriate location for a Collection Container, the Director shall mediate the dispute and designate the point of Collection. 6.3.9 When necessary to carry out the purpose and intent of this Agreement, the Director may authorize the placement of a Collection Container off of the Premises. Public rights-of-way may be used only in circumstances where the placement of the Collection Container shall not interfere with or obstruct the primary purpose of the right-of-way. 7 Residential Collection Service 7.1 Basic Collection Service and Collection Frequency 7.1.1 The Contractor shall provide the following Collection Service to each Residential Customer. 7.1.1.1 Garbage and Rubbish shall be collected at Curbside at least two times each week. This service shall be provided not less than forty- eight (48) hours and not more than seventy-two (72) hours between regularly scheduled Collection Days. 7.1.1.2 Yard Trash shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected. 7.1.1.3 Program Recyclables shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected. Program Recyclables shall be collected twice each week if the County implements a public education program to increase recycling rates and then reasonably determines that there is a sufficient demand to warrant the Collection of Program Recyclables twice per week. In addition, the Contractor shall place sectioned or compartmentalized containers at all public schools in Service District II for the Collection of computer paper, newspaper, and mixed fiber materials. 7.1.1.4 Bulk Waste shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected, whenever possible. The Contractor shall note all unreported Bulk Waste on all Collection routes, and shall promptly report such material to the Director. Upon request by the Director or a Customer, the Contractor shall pick up such items on the next scheduled Collection Day for Bulk Waste. However, a request for Bulk Waste Collection must be made at least forty-eight (48) hours in advance of the next regularly scheduled Day for the Collection of Bulk Waste. 7.1.1.5 White Goods shall be collected at Curbside at least once each week. This service shall be provided on one of the two Days when Garbage is collected, whenever possible. The Contractor shall note all unreported White Goods on all Collection routes, and shall promptly report such material to the Director. Upon request by the Director or a Customer, the Contractor shall pick up such items on the next 24 of 71 ..-.--..- . '. .___"...o.'_.__·,,.__'_··.·m...._._._._ ~---..'_'~~"- _,.,_,M._. lOA scheduled Collection Day for White Goods. However, a request for White Goods Collection must be made at least forty-eight (48) hours in advance of the next regularly scheduled Day for the Collection of White Goods. 7.1.1.6 Tires and lead acid batteries shall be collected at Curbside once each week when Bulk Waste is collected; however, the Contractor is not required to collect more than four (4) Tires and two (2) lead acid batteries per month from any Residential Customer. 7.1.1.7 Electronic Equipment shall be collected at Curbside at least once each week. This service shall be provided when Bulk Waste is collected. The Contractor shall note all unreported Electronic Equipment on all Collection routes and shall promptly report such material to the Director. Upon request by the Director or a Customer, the Contractor shall pick up such items on the next scheduled Collection Day for Electronic Equipment. However, a request for the Collection of Electronic Equipment must be made at least forty-eight (48) hours in advance of the next regularly scheduled Day for the Collection of Electronic Equipment. 7.1.2 Contractor shall provide Back Door Service to handicapped Residential Customers at no additional charge. Upon request by the Director or Contractor, such Customers shall annually provide: (a) a written statement from a licensed physician, documenting the nature of the handicap and the need for Back Door Service; and (b) written confirmation that no able- bodied Person resides in the household. 7.1.3 Except as otherwise expressly provided herein, the Contractor is not obligated by this Agreement to collect Extraordinary Waste. 7.2 Supplemental Collection Services 7.2.1 Contractor shall offer Residential Supplemental Collection Services to Residential Customers, including, but not limited to Back Door Service for non-handicapped Customers. 7.2.2 Customers desiring Residential Supplemental Collection Services shall request such services directly from the Contractor. The specific arrangements for Residential Supplemental Collection Services are to be determined between the Customer and the Contractor. No such services shall be provided until the Contractor notifies the Customer of the amount of the Contractor's fee and receives the Customer's confirmation that the fee is acceptable. 8 Multi-Family Collection Service 8.1 Customers occupying Multi-Family Residences shall receive Residential Collection Service or Commercial Collection Service. A Customer occupying a Multi-Family Residence shall receive Residential Collection Service if the Customer pays the County's Special Assessment or receives the Director's approval for such service. All other Customers occupying Multi-Family Residences shall receive Commercial Collection Service. 25 of 71 - ---- ~.-..._"------_._' lOA 8.2 A Customer occupying a Multi-Family Residence and receiving Residential Collection Service shall receive the same level of service, and shall be subject to the same Rates and requirements, as any other Customer receiving Residential Collection Service. 8.3 A Customer occupying a Multi-Family Residence and receiving Commercial Collection Service shall receive the same level of service, and shall be subject to the same Rates and requirements, as any other Customer receiving Commercial Collection Service. 8.4 The Contractor's exclusive franchise for the collection of Residential Program Recyclables includes the Collection of Program Recyclables generated by those Customers that occupy Multi-Family Residences, even if the Customers receive Commercial Collection Service. 9 Commercial Collection Service 9.1 Basic Collection Service and Collection Frequency 9.1.1 Commercial Collection Service for Garbage and Rubbish shall be arranged between the Commercial Customer and the Contractor. 9.1.2 Commercial Customers shall enter into a contract with the Contractor for the Collection of Commercial Waste and shall pay the County's approved Rates for their Collection Service. The Rates established in Exhibit I(A) include container rental fees. 9.1.3 This Agreement does not authorize or require Contractor to collect Yard Trash or provide Commercial Lawn Care Service. 9.1.4 The minimum Collection frequency for Commercial Customers shall be one time per week, with Collection not more than seven (7) calendar days apart, except for Holidays . Unless the Director approves a different schedule, Commercial Collection Service shall be provided at least twice each week for restaurants, grocery stores, and other facilities that generate significant quantities of Garbage and other types of putrescible waste. 9.1.5 Where several Commercial Customers are within close proximity to each other (e.g., in the same shopping center or mall), such Customers may enter into a joint agreement with the Contractor for the Collection of their Commercial Waste. 9.2 Supplemental Collection Services 9.2.1 Contractor shall offer Supplemental Collection Services to Commercial Customers, including but not limited to the services described in Exhibit I(B). The list of Supplemental Collection Services and the associated Rates may be revised when the Board adopts its annual resolution approving the Contractor's Rates. 9.2.2 Commercial Customers desiring Supplemental Collection Services shall request such services directly from the Contractor. The specific arrangements for Supplemental Collection Services are to be determined between the Customer and the Contractor. No such services shall be provided until the Contractor notifies the Customer of the amount of the 26 of 71 -..~~",.- --".- ~~_._- M'__ .,., lUA Contractor's fee and receives the Customer's confirmation that the fee is acceptable. 9.2.3 Contractor shall bill Customers directly for Commercial Supplemental Collection Services in accordance with the Rates stated in Exhibit I(B), unless the County assumes responsibility for billing Commercial Customers. 9.3 Commercial RecvclinQ Services The Contractor shall offer to collect Recyclable Materials from its Commercial Customers, and such service shall be available at least two (2) times each week. In this capacity, the Contractor shall act as a Private Hauler. The Contractor shall be responsible for billing and collecting payment for its services as a Private Hauler. 9.4 Contract for Collection Service 9.4.1 The Contractor shall prepare a standard form that will be used as its contract with Commercial Customers. The proposed form shall be provided to the Director for approval at least sixty (60) calendar days before the Commencement Date, and whenever the Contractor proposes to change its content. The terms and conditions contained in the form shall be consistent with the requirements in this Agreement. 9.4.2 The Contractor's contract shall identify all of the services that the Contractor will provide to the Customer and all of the associated costs. No fees or charges may be collected from a Customer unless such fees and charges were disclosed in the Contractor's contract. 9.4.3 The Contractor's contract for Commercial Customers shall contain the following information, unless alternate language is approved by the Director: "REGULATION BY COLLIER COUNTY" This contract for the collection of Commercial Solid Waste is regulated by Collier County. If you have any questions regarding the terms and conditions in this contract, you may call the County at (239) 403-2350. "COMMERCIAL COLLECTION CONTAINERS" You may provide your own Commercial Container (e.g., a roll-off container or compactor) for the solid waste that you generate on your property; provided that your Commercial Container is one that can be serviced by the Contractor's collection equipment. In the alternative, you may obtain a Commercial Container from the Contractor. In either case, the Commercial Container must be maintained in a safe, sanitary, serviceable condition by the owner of the Commercial Container. 27 of 71 - ~~".... .,.._~_. ~-- lOA "SUPPLEMENTAL SERVICES" The Contractor may provide supplemental services to you, but may only charge the Rates approved by Collier County. The cost of the supplemental services must be separately identified below, in the list of "Rates for Services." "RATES FOR SERVICES" The County has approved standard rates for the collection of Commercial Solid Waste and for supplemental services. Under this contract, you will pay the following fees for the Contractor's services. You may call the County if you have any questions about the Contractor's rates: (a) CHARGES FOR COLLECTION (b) CHARGES FOR DISPOSAL (c) CHARGES FOR SUPPLEMENTAL SERVICES (d) TOTAL 9.5 Termination of Commercial Collection Service 9.5.1 The Contractor may terminate Collection Service when a Commercial Customer fails to pay for service and the following procedure has been followed. 9.5.1.1 When a Commercial Customer's payment is thirty (30) calendar days past due, the Franchisee may mail to such Commercial Customer a notice of intent to terminate service in ten (10) Days. 9.5.1.2 If the Commercial Customer desires to dispute the bill, the Customer shall notify the Director in writing within the ten (10) Day period. Upon receipt of the Customer's notice, the Director shall resolve the dispute. 9.5.1.3 If the balance remains unpaid after the ten (10) Day period provided above, or ten (10) Days following issuance of a written finding by the Director, the Contractor may discontinue Collection Service to the Customer. The Contractor shall notify the Director within one (1) Day after service is terminated. 9.5.1.4 Upon being notified, the County shall take whatever action it deems appropriate to enforce compliance with the provisions of the County's Ordinances. 9.5.2 In the event service is terminated, the Contractor is authorized to remove from the Customer's Premises any Commercial Containers, Commercial Recycling Containers, or other equipment belonging to the Contractor. 9.5.3 Contractor is authorized to charge interest on delinquent accounts with Commercial Customers and to charge a fee for resumption of service, as provided in Section 26.1.5 of this Agreement. 28 of 71 "'...-......-, ,.,_....~--_.._..- lOA 10 Collection Containers 10.1 Provision of Containers 10.1.1 Curbside Containers 10.1.1.1 Customers may provide their own containers (up to 32 gallons in capacity) for Yard Trash and shall retain ownership of such containers. 10.1.1.2 The Contractor shall ensure that each Residential Customer has at least one (1) Roll Cart at all times during the term of this Agreement. The Contractor shall provide at least one Roll Cart to each Residential Customer that does not have one. 10.1.1.3 One Roll Cart shall be provided by the Contractor to each Residential Customer at no cost. Additional Roll Carts may be purchased by the Customer, at the Contractor's invoice price, plus a reasonable fee for delivery. The invoice price is subject to the Director's approval. The delivery fee is set forth in Exhibit I(B). 10.1.1.4 Each Customer shall have the option of receiving a thirty-five (35), sixty-four (64), or ninety-six (96) gallon Roll Cart. Thereafter, the Customer may exchange its Roll Cart one time for a different size, which shall be provided by the Contractor at no cost to the Customer. The Customer shall pay a fee to the Contractor if the Customer wishes to exchange its Roll Cart for a different size more than once. The fee is set forth in Exhibit I(B). 10.1.1.5 The Contractor shall offer appropriately-sized Roll Carts to age- restricted communities on a community-wide basis, and in other special cases, as determined by the Director after consultation with the Contractor. 10.1.1.6 The Contractor shall provide a new Roll Cart to new Residential Customers within five (5) Days of notification by the County. 10.1.2 Recvclinq Bins and Recvclinq Carts 10.1.2.1 The Contractor shall ensure that each Residential Customer has at least one (1) Recycling Bin at all times during the term of this Agreement. Upon request by the Director, the Contractor shall deliver up to two (2) Recycling Bins to Residential Customers that do not have them. 10.1.2.2 The County shall provide the Recycling Bins to the Contractor for d istri bution. 10.1.2.3 The Contractor shall deliver up to two (2) Recycling Bins to new Residential Customers within five (5) Days of notification by the Director. 10.1.2.4 When requested by the Director, the Contractor shall deliver one or more Recycling Carts to those Residential Customers that produce large quantities of Recyclable Materials. The Recycling Carts shall be provided only to Residential Customers who are not engaged in a commercial business activity at their residence. The County shall provide the Recycling Carts to the Contractor. 29 of 71 __··"~o._·_ -,-_.. IDA 10.1.3 Commercial Containers 10.1.3.1 Commercial Customers may use their own Commercial Containers, provided the containers are compatible with the Contractor's Collection equipment. Commercial Customers also may obtain Commercial Containers from the Contractor. 10.1.3.2 Upon request by a Commercial Customer, the Contractor shall provide Roll Carts or Commercial Containers for the Collection of Solid Waste and/or Recyclable Materials. Contractor shall provide containers of sufficient size and number, and Collection Service of sufficient frequency, to ensure that all of the Solid Waste and Recyclable Materials generated by the Commercial Customer are properly stored and contained until they are removed for disposal or processing. 10.1.3.3 The Contractor may supply and maintain compactors and specialized containers, if requested to do so by a Customer. However, a request for a specialized container or equipment shall not be granted by the Contractor if the type of material generated by the Customer requires a greater frequency of Collection than is typically contemplated when using such containers, or if the material is otherwise unsuitable for the use of such equipment or containers. 10.2 Ownership of Containers 10.2.1 Customer-owned Collection Containers shall remain the sole property of the Customer. 10.2.2 The Contractor shall retain ownership of any Roll Carts, Recycling Bins, and Recycling Carts that are purchased and provided by the Contractor. Roll Carts, Recycling Bins, and Recycling Carts provided by the County to the Contractor or Customer shall remain the sole property of the County. 10.2.3 The Contractor's Commercial Containers and Commercial Recycling Containers shall remain the sole property of the Contractor. 10.3 Technical Specifications for Containers 10.3.1 Recycling Bins supplied by the Contractor shall be of equivalent or better quality than those currently in use by the County, and shall be subject to the approval of the Director. Recycling Bins shall: (a) be green; (b) have a rated capacity of 18 gallons; and (c) be hot-stamped or labeled in accordance with the specifications provided by the Director. Recycling Bins shall be uniform with regard to color, volumetric capacity, dimensions, finished surfaces, and hot stamping/labeling. 10.3.2 If any Recycling Carts are supplied by the Contractor, the Recycling Carts shall be subject to the approval of the Director. Recycling Carts shall: (a) be green; (b) have a rated capacity of sixty-four (64) gallons; (c) be made of heavy duty plastic; (d) be hot-stamped or labeled in accordance with the specifications provided by the Director; (e) be mounted on two wheels; (f) have attached, hinged lids; and (g) be compatible with the hydraulic lifting and dumping mechanism mounted on the Contractor's Collection vehicles. Each Recycling Cart shall have a flat area on the top (outside) of the lid, 30 of 71 .----_.- ---,,~ ß..., IDA which shall be at least eight (8) inches by sixteen (16) inches in size and suitable for the placement of informative stickers or decals. Recycling Carts shall be uniform with regard to color, volumetric capacity, dimensions, finished surfaces, and hot stamping/labeling. A Recycling Cart shall be constructed: to prevent the intrusion of water and animals, and the expulsion of its contents; with covers that are free from sharp edges; and without any inside structures that prevent the discharge of its contents. The Recycling Cart shall have only one compartment, which shall be used for the storage of all Program Recyclables. Each Recycling Cart shall be protected by a manufacturer's warranty of at least eight (8) years duration. 10.3.3 Roll Carts supplied by the Contractor shall be of equivalent or better quality than those currently in use by the County, and shall be subject to the approval of the Director. Roll Carts shall: (a) be green; (b) have a rated capacity of either thirty-five (35), sixty-four (64), or ninety-six (96) gallons; (c) be made of heavy duty plastic; (d) be hot-stamped or labeled in accordance with the specifications provided by the Director; (e) be mounted on two wheels; (f) have attached, hinged lids; and (g) be compatible with the hydraulic lifting and dumping mechanism mounted on the Contractor's Collection vehicles. Roll Carts shall be uniform with regard to color, volumetric capacity, dimensions, finished surfaces, and hot stampingllabeling. A Recycling Cart shall be constructed: to prevent the intrusion of water and animals, and the expulsion of its contents; with covers that are free from sharp edges; and without any inside structures that prevent the discharge of its contents. 10.3.4 Commercial Containers supplied by the Contractor shall be of equivalent or better quality than those currently in use by the County, and shall be subject to the approval of the Director. Commercial Containers shall have attached lids, unless the Director approves a different design for a particular use. 10.3.5 The Contractor shall provide the Director with the manufacturer's specification sheets for the Contractor's Recycling Bins, Recycling Carts, Roll Carts, and Commercial Containers. At a minimum, the specification sheets shall address the following items, if applicable: · Company of manufacture · Material of manufacture, including pre-consumer and post-consumer recycled content · Molding technology · Standards of design (e.g., American National Standards Institute) · UV stabilization certification · Load rating · Design standards for lid, handles, lifting, bottom, wheels, axle, and fasteners · Interior and exterior finish surfaces · Color · Volumetric Capacity 31 of 71 ~~'-'-""- --......""'" _.~.~,~ IDA · Nestability · Identification and Marking · Manufacturer's warranty 10.3.6 The Contractor shall replace the labels on its bins, carts and containers, on an as-needed basis, subject to the Director's approval. 10.4 Delivery of Containers 10.4.1 The Contractor shall maintain an adequate supply of Roll Carts, Recycling Carts and Recycling Bins at all times. The Contractor shall deliver new, additional, and replacement Roll Carts and Recycling Bins to Residential Customers within five (5) Days of receiving a request for said containers. 10.4.2 The Contractor shall deliver Roll Carts, Commercial Recycling Containers, and/or Commercial Containers to a Commercial Customer within five (5) Days of receiving a request for such containers. 10.5 Maintenance of Containers 10.5.1 With regard to the Roll Carts, Recycling Carts and Collection Containers that the Contractor delivers or otherwise provides to its Customers, the Contractor shall maintain the Roll Carts, Recycling Carts and Collection Containers in good working order to ensure continuous and efficient Collection Service under this Agreement. 10.5.2 Contractor-owned Commercial Containers shall have solid, durable bottoms. Commercial Containers shall be equipped with a heavy-duty removable plug for the purpose of clean out. 10.5.3 The Contractor shall maintain and repair its Commercial Containers so that the containers are free of holes, broken hinges, broken doors or door fasteners, broken wheels, or broken lids. 10.5.4 Contractor-owned Commercial Containers shall be kept painted at all times so they do not become a detriment to the community, with the exception of containers made of plastic, aluminum, stainless steel, or other materials that do not readily accept paint. 10.5.5 At its expense, the Contractor shall procure and maintain all essential spare parts for Contractor-owned Commercial Containers. The Contractor shall identify and maintain a readily available source of all the spare parts needed to maintain and repair the Contractor's Commercial Containers. 10.5.6 The Contractor shall repair, paint, clean and otherwise maintain any Commercial Container within five (5) Days of being requested to do so by the Director. 10.5.7 Customers shall be responsible for maintaining all Customer-owned Commercial Containers, Roll Carts, Recycling Bins, Recycling Carts, and Commercial Recycling Containers. The Contractor may maintain Customer-owned containers for an additional fee, approved by the County. The Contractor's fee for this service is set forth in Exhibit I(B). 32 of 71 ---",,_... ".- IDA 10.6 Repair and Replacement of Containers 10.6.1 At its expense, the Contractor shall repair or replace damaged Contractor- owned Roll Carts, Recycling Bins, Recycling Carts, and Collection Containers within three (3) Days after receiving notice from the County or Customer. This requirement also shall apply to all Roll Carts, Recycling Bins, and Recycling Carts provided by the County to the Contractor. At its option, the Contractor may require a Customer to exchange its old Roll Cart or Recycling Cart when the Customer receives a new Roll Cart or Recycling Cart from the Contractor. If a Roll Cart or Recycling Cart must be replaced because of the Customer's negligence, the Customer shall pay the Contractor's invoice price for the Roll Cart or Recycling Cart, plus a delivery fee. The invoice price is subject to the Director's approval. The delivery fee is set forth in Exhibit I(B). 10.6.2 If the Contractor damages or destroys any Customer-owned Collection Container, the Contractor shall repair or replace said container, at the Contractor's expense, within five (5) Days after receiving notice from the County or Customer. Any replacement container shall be equal to or better than the Collection Container that was damaged or destroyed by the Contractor. 10.6.3 The Contractor shall not be responsible for Unintentional Damage to Customer-owned containers that is caused by the Customer's failure to comply with the Set Out requirements of this Agreement. 10.6.4 The County shall pay the cost of replacing Roll Carts, Recycling Bins, and Recycling Carts that are stolen from a Residential Customer. In such cases, the County may (a) purchase and provide Roll Carts, Recycling Bins, and Recycling Carts to the Contractor or (b) reimburse the Contractor for the purchase price of the Roll Carts, Recycling Bins, and Recycling Carts, as documented by the Contractor's invoices. The County shall not pay any profit, mark-up or other charges to the Contractor for the Roll Carts, Recycling Bins and Recycling Carts. The County's payments to the Contractor for the Roll Carts, Recycling Bins, and Recycling Carts shall be made in compliance with the Florida Prompt Payment Act, Sections 218.70 et seq., Florida Statutes. 10.7 Storaqe of Recvclinq Bins If requested by the Director, the Contractor shall store new and replacement Recycling Bins at the Contractor's equipment yard or at another location in Collier County that is acceptable to the County. The Contractor shall pick-up the Recycling Bins from a location in Collier County, as designated by the Director, and shall transport the Recycling Bins to the Contractor's storage yard. The Recycling Bins shall be kept in a safe, secure manner until they are delivered to the Contractor's Customers pursuant to this Agreement. The Contractor shall not be obligated to transport and store more than one thousand (1,000) Recycling Bins in any month or more than three thousand (3,000) Recycling Bins in any Agreement Year. 33 of 71 , _._'w_o H_·_·~ IDA 11 Vehicles and Equipment 11.1 General Provisions 11.1.1 The Contractor shall purchase and/or lease, and maintain and repair, all vehicles and equipment necessary to maintain its approved Collection schedules, and to promptly and efficiently comply with the requirements in this Agreement. The Contractor's vehicles and equipment shall be compatible (in size and weight) with, and appropriate for, the areas where such vehicles and equipment are utilized. 11.1.2 Collection vehicles and equipment shall be a standard product of a reputable manufacturer so that continuing service, and the supply and delivery of spare parts, may be ensured. Replacement parts do not need to be a product of the same manufacturer. 11.1.3 All Collection vehicles shall have waterproof seals and shall be watertight to a depth sufficient to prevent the discharge or leaking of accumulated water during loading and transport operations. The Collection vehicles shall have solid metal sides and a fully enclosed metal top. 11.1.4 As an alternative to a fully enclosed metal top, the Contractor's Collection vehicles may be equipped with a tarpaulin or a net cover with mesh openings not greater than one and one-half (1 Yz) inches in size. The cover shall be kept in good mechanical order, without holes. The cover shall fully enclose the Contractor's Load at all times when the vehicle's speed exceeds 20 miles per hour. 11.1.5 Vehicles transporting Program Recyclables shall be covered to protect paper recyclables from rain, and to prevent Program Recyclables from blowing or falling out of the vehicle. 11.1.6 Prior to use, a tare weight shall be established for all of the Contractor's Collection vehicles. At the County's discretion, the tare weight of any Collection vehicle may be checked at any time. The County shall adjust its scalehouse and records if there are any changes in the tare weight. 11.1.7 Except for extraordinary circumstances, as determined by the Director, all Collection vehicles and equipment shall be empty and devoid of all Solid Waste prior to the commencement of daily Collection Service. 11.2 Ancillarv Eauipment 11.2.1 All vehicles used to provide Collection Services under this Agreement shall be equipped at all times with: (a) all safety equipment required by Applicable Laws; (b) a fire extinguisher; (c) a shovel and broom; (d) a spill response kit; and (e) an audible back-up warning device. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from Contractor's Collection vehicles. 11.2.2 All vehicles used to provide Collection Services under this Agreement shall be equipped with a two-way radio, cellular telephone, or other equipment appropriate for communications between the vehicle operator, the Field Supervisor, and the District Manager. The proposed communications system is subject to approval by the Director. 34 of 71 -~.._.,. ·_w__~ -..,...., IDA 11.2.3 All vehicles used for Collection of White Goods or Electronic Equipment shall be equipped with appropriate ancillary equipment so as to avoid breakage of the Electronic Equipment, or loss of Freon from White Goods, during Collection. 11.3 Reserve Vehicles and Equipment 11.3.1 The Contractor shall have sufficient reserve vehicles and equipment available to complete daily Collection routes according to the schedules and hours of Collection established in this Agreement. The use of reserve vehicles and equipment shall include, but not be limited to, occasions when front line vehicles and equipment are out of service, or delays prevent front line vehicles and equipment from completing their daily Collection route(s) within the established hours of Collection. 11.3.2 The reserve vehicles and equipment shall be ready to go into service within two (2) hours of any breakdown. The reserve vehicles and equipment shall be similar in size and capacity to the vehicles and equipment being replaced. 11.4 Maintenance and Condition 11.4.1 At a minimum, all of the Contractor's Collection vehicles and equipment shall be maintained in compliance with the manufacturer's specifications. 11.4.2 The Contractor's Collection vehicles and equipment shall be kept in good repair and appearance, and in a sanitary, clean condition, at all times. Vehicles shall be washed thoroughly on the outside, and sanitized with a suitable disinfectant and deodorant, a minimum of once-per-week (or more frequently if necessary). 11.4.3 The Contractor shall monitor, maintain and repair its Collection vehicles and equipment to prevent fuel and lubricant spills. Oil and hydraulic systems, and waterproof seals and enclosures, on the Contractor's vehicles and equipment shall be kept in good repair to prevent leaking. 11.5 Identification 11.5.1 The Contractor's name and the County's customer service telephone number shall be displayed at all times, in letters at least four (4) inches high, on both side doors of the Contractor's Collection vehicles. The Contractor's telephone number also may be displayed beneath the County's customer service number. Truck identification numbers shall be displayed at all times, in letters at least four (4) inches high, on all four (4) sides of all Collection vehicles. 11.5.2 All Collection vehicles shall display information approved by the Director concerning the type of material (Solid Waste, Yard Trash or Recyclable Materials) being collected. The information shall be displayed at all times, on both sides of the vehicle body, in letters at least six (6) inches high. The information displayed on the Contractor's vehicles shall be subject to Contractor's approval, which shall not be unreasonably withheld. 11.5.3 Contractor shall label its Commercial Containers with letters and/or numbers at least four (4) inches high. The labels shall be placed on at least two (2) sides of each Commercial Container. At least one of the labels 35 of 71 .-..,-.- ~o·_ ..- " _.~._----,..._- IDA shall be readily visible when the container is placed at a Commercial Customer's site. 11.6 Compliance with the Law 11.6.1 At all times, the Contractor and its employees shall operate and maintain all Collection vehicles and equipment in compliance with all Applicable Laws. 11.6.2 At all times, the Contractor shall maintain all necessary licenses and registrations, and shall timely pay all fees and taxes, on all vehicles and equipment, as required under Applicable Laws. 11.6.3 All equipment shall be operated in compliance with the Florida Uniform Traffic Control Law, Sections 316.515 through 316.6105, Florida Statutes, and the County Ordinances, as amended from time to time. 11.7 County's Riqht to Inspect Vehicles 11.7.1 The Director may inspect the Contractor's vehicles, equipment, licenses and registrations at any reasonable time. The County reserves the right to inspect each Collection vehicle, each day, prior to its use in the County. 11.7.2 The Director shall have the authority to require the Contractor to immediately remove from service any Collection vehicle or equipment that is leaking or spilling fluids, Solid Waste, or Recyclable Materials. The Director also may require any Collection vehicle to be washed within one (1) Day. In such cases, the Contractor shall immediately notify the Director of the remedial action that will be taken to correct the problem. 11.8 Storaqe and Repair The Contractor shall provide a garage and maintenance facility for its vehicles and equipment that enables all-weather, year-round maintenance operations. The Contractor shall not use County property to store or house any vehicles or equipment. 12 Employees and Supervisors 12.1 District Manaqer Contractor shall appoint an employee to serve as the District Manager. The District Manager shall be the primary point of official contact on behalf of the Contractor for all technical and administrative matters pertaining to this Agreement. The District Manager must have at least ten (10) years of prior managerial experience with programs of this nature and size. The District Manager shall have the authority to make significant decisions relevant to the day-to-day operation of Contractor's program under this Agreement. The District Manager shall have direct access to the Contractor's management for resolving problems beyond the District Manager's authority. At all times during the term of this Agreement, the Director shall have immediate access to the District Manager, and the District Manager shall be one hundred percent (100%) dedicated to overseeing and implementing the Contractor's performance under this Agreement. Any communications or writings that are required under this Agreement to be given to the Contractor shall be delivered to the District Manager. Such communications or writings shall be deemed received by the Contractor when delivered to the District Manager. 36 of 71 _..~- " -"...,~ lOA 12.2 Field Supervisor The Contractor shall designate a Field Supervisor(s), who shall oversee the provision of the Collection Services under this Agreement. The Field Supervisor(s) shall have immediate access to an automobile or pick-up truck, and shall be readily available by two-way radio or cellular telephone, at least between 6:00 a.m. and 6:00 p.m., Monday through Saturday. 12.3 Employee Conduct All Contractor personnel shall maintain a courteous and respectful attitude toward the public at all times. The Contractor shall instruct its employees to avoid loud and/or profane language at all times during the performance of their duties under this Agreement. 12.4 Employee Appearance and Identification The Contractor shall furnish each employee with an appropriate means of identifying him/her as an employee of the Contractor. The identification need not be a uniform or a complete set of clothing, but must be sufficient to ensure easy identification. The Contractor's employees shall wear the identification at all times while on duty. Shirts must be worn at all times. The Director has the right to approve the identifiers or identification furnished by the Contractor. 12.5 Removal of Employees The Director reserves the right to disapprove and request removal of any Contractor personnel assigned to the County's work. Such disapproval or request shall be for reasonable cause only and shall be addressed in writing to the Contractor's District Manager. Notwithstanding the foregoing, the Contractor shall not be required to take any action with regard to the Contractor's personnel that would violate any Applicable Law. The Contractor shall defend, save, and hold the County harmless from and against legal actions by any employees so removed. 12.6 Employee Traininq and Licenses 12.6.1 All of the Contractor's employees shall be qualified and appropriately trained for the tasks assigned to them. The Contractor shall provide refresher courses and additional training to its employees, as needed, to ensure compliance with the requirements of this Agreement and all Applicable Laws. 12.6.2 At all times when operating vehicles or equipment pursuant to this Agreement, the Contractor's employees shall carry a valid Florida driver's license for the type of vehicle or equipment being operated. 12.6.3 The Director may request the Contractor's employees to produce their driver's license for inspection at any time when the employee is on duty. 13 Local Office 13.1 The Contractor shall maintain a customer service/dispatch office within the County. The Contractor's office shall be open for business, and Contractor shall have personnel available for the purposes of dispatch, complaint resolution, and other matters, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The office shall be equipped with a two-way communication system that can be used to 37 of 71 ~ . _··____w ,.."."-.....".--,...,-'" .. --- lOA contact the Director, the Contractor's District Manager, the Contractor's Field Supervisor, and all of the Contractor's Collection vehicles. 13.2 The Contractor's office shall be equipped with sufficient personnel and equipment to document and timely respond to Legitimate Complaints. A responsible, experienced Person shall be present and in charge of the office during all business hours. Contractor shall use an answering machine or answering service to record messages when the office is closed. 13.3 The Contractor shall establish a process for receiving and handling emergency calls, both during and after normal operating hours. Such process shall be subject to the Director's approval. 13.4 The Contractor shall provide all of its electronic reports and communications to the County in a format that is compatible with the County's software programs. 13.5 Upon request of the Director, the Contractor shall provide adequate space in the Contractor's office to house a County employee. The Contractor also shall provide a computer connection to the Internet and a telephone for the County employee. The Contractor shall cooperate with and assist the County employee, who will monitor the Contractor's operations and compliance with the Agreement. 14 Handling of Complaints 14.1 The Director shall be responsible for receiving all complaints from Customers. 14.2 Any complaints received by the Contractor shall be forwarded to the Director within one (1) hour after the complaint is received by the Contractor. 14.3 The Director shall determine whether a Customer's complaint is a Legitimate Complaint. Legitimate Complaints include but are not limited to: · Missed Collections; · Failure to respond to Missed Collections in compliance with the requirements of this Agreement; · Mishandling of Solid Waste, Recyclable Materials or Collection Containers; · Damage to public or private property; · Failure to obey traffic regulations; and · Discourteous treatment of Customers. 14.4 The Director shall notify the Contractor when the Director determines that a Customer has a Legitimate Complaint. The Director shall coordinate with the Contractor to ensure that all Legitimate Complaints are promptly resolved. 14.5 The Contractor shall take whatever steps are necessary to remedy the cause of a Legitimate Complaint within six (6) hours after receiving notice from the Director. 14.6 The Contractor shall inform the Director about the status of each Legitimate Complaint within six (6) hours of receiving notice from the Director. 14.7 The Contractor may request and the Director shall grant additional time to remedy a Legitimate Complaint when the Contractor uses its best efforts to correct the problem, but is unable to do so within six (6) hours. 38 of 71 ......-----.-"..-. ,,..---_.. ~..........,--.", ~".." --- lOA 14.8 In all cases, the Contractor shall notify the Director within six (6) hours after the Legitimate Complaint is resolved and shall provide a written summary within one (1) Day. 15 Customer Dispute Resolution 15.1 The Director shall investigate all unresolved disputes between the Contractor and a Customer, including but not limited to disputes concerning the proper interpretation and implementation of this Agreement and the Ordinance. The Director shall resolve such disputes. 15.2 The Director shall notify the Contractor and the Customer in writing of the Director's determination about the disputed issues, including any deficiencies in their respective performance. 15.3 The Contractor and Customer shall have ten (10) Days to correct any deficiency or provide the Director with a written request for a hearing before the Manager. 15.4 If a request is filed, the Manager shall act upon such request within twenty (20) Days. The Manager shall provide the parties an opportunity to present their arguments and evidence concerning the relevant issues. The Manager shall notify the Customer, the Contractor, and the Director in writing concerning the Manager's decision. The Manager may: confirm, in whole or in part, the Director's findings; relieve the Contractor or the Customer of responsibility for their deficiencies; or take whatever other action the Manager deems necessary and appropriate. The Manager's decision shall be final and non-appealable. 16 Record Keeping and Reporting 16.1 Record Keepina 16.1.1 Eauipment Maintenance Loa. Contractor shall keep a maintenance log for each vehicle and piece of equipment used for Collection Service. At a minimum, the log shall show: the identification number for the vehicle or equipment; the date and description of all routine maintenance activities; and the date and description of all repair activities. 16.1.2 Non-Collection Notice Loa. Contractor shall maintain a log of all occasions when Non-Collection Notices have been placed. The log shall include: the date when the notice was placed; the Customer location; the Customer type (Le., Residential or Commercial); and the reason for each Non-Collection Notice. 16.1.3 Leaitimate Complaint Loa. Contractor shall maintain a log of all Legitimate Complaints. The log shall include: the date and time when the Contractor was notified by the County; the Customer's location; Customer type; a description of the complaint; the date and time when the complaint was resolved; and a description of how the complaint was resolved. 16.1.4 Proaram Recyclables Loa. Contractor shall maintain a log concerning the Program Recyclables that the Contractor collects in the County. The log shall identify: the amount of Program Recyclables collected each month in Service District II; the names and locations of the Recycling Facilities where the Program Recyclables were delivered; and the amounts that were 39 of 71 ~. -»._---~ ,.....".---. --'"-".'.'-"--" -,..." lOA delivered to each Recycling Facility. This information shall be reported separately for each type of Recyclable Material. The Contractor's log shall clearly explain how the Contractor estimated the amount of Recyclable Material in any instance where weight records are not available. 16.1.5 White Goods Loq. Contractor shall maintain a log concerning the White Goods collected by the Contractor. The log shall identify: the date of Collection; the Customer's location; and the number and types of White Goods collected. 16.1.6 Tire Collection Loq. Contractor shall maintain a log concerning the Tires collected by the Contractor under this Agreement. The log shall identify: the date of Collection; the Customer's location; and the number of Tires collected. 16.1.7 Bulk Waste Loq. Contractor shall maintain a log concerning the Bulk Waste collected by the Contractor under this Agreement. The log shall identify: the date of Collection; the Customer's location; the type of materials collected; and the approximate volume and weight of the materials collected. 16.1.8 Electronic Equipment Loq. Contractor shall maintain a log concerning the Electronic Equipment collected by the Contractor under this Agreement. The log shall identify: the date of Collection; the Customer's location; the type of Electronic Equipment collected; the approximate volume and weight of the materials collected; the names and locations of the Recycling Facilities where the Electronic Equipment was delivered, and the amount of Electronic Equipment that was delivered to each Recycling Facility. 16.1.9 All of the Contractor's logs shall be kept current and up-to-date. The logs shall be maintained in an electronic database that is compatible with the County's software systems. The database shall be available for inspection by the County at any time during normal business hours. The information in the log shall be provided to the Director. upon req uest, within one (1) Day. 16.1.10 The general format and content of the Contractor's logs shall be subject to the Director's approval. 16.2 Monthlv Report 16.2.1 Contractor shall submit Monthly Reports to the Director within fifteen (15) calendar days after the end of each month. The form and content of the reports are subject to the Director's approval. 16.2.2 At a minimum, the Monthly Report shall provide the following information concerning Residential Customer service: 16.2.2.1 Tonnage collected during the month for each of the following materials: Solid Waste; Program Recyclables; corrugated cardboard; and Yard Trash. The tonnages for each material shall be reported separately for: (a) Customers occupying Multi-Family Residences and receiving Commercial Collection Service; (b) Customers occupying Multi-Family Residences and receiving Residential Collection Service; and (c) all other Residential Customers. 40 of 71 - --_....,.,,- --- IDA 16.2.2.2 The total number of Customers served during the month and the number of: (a) Customers occupying Multi-Family Residences and receiving Commercial Collection Service; (b) Customers occupying Multi-Family Residences and receiving Residential Collection Service; and (c) other Residential Customers. 16.2.2.3 The number of Residential Customers participating in the Recycling Program. 16.2.2.4 Number, type, and weight of White Goods and Electronic Equipment collected during the month. 16.2.2.5 Number of Tires collected during the month. 16.2.2.6 Number of Non-Collection Notices issued to Customers during the month. 16.2.2.7 Number of Missed Collections, and the total number of Legitimate Complaints, during the month. 16.2.2.8 The number of Recycling Bins, Recycling Carts, and Roll Carts provided to Residential Customers during the month and Agreement Year. 16.2.3 The Monthly Report shall provide the following information for Commercial Customer service: 16.2.3.1 For each Commercial Customer: the name and mailing address of the Customer; the location, size and number of containers used by the Customer; the owner of the containers; the frequency of Collection for each container; and any Supplemental Collection Service received. 16.2.3.2 Tonnage collected during the month for each of the following materials: Solid Waste; Program Recyclables; and Yard Trash. 16.2.3.3 Tonnage collected during the month for each of the following materials: newspaper; glass; aluminum cans; steel cans; and corrugated cardboard. 16.2.3.4 Number of Missed Collections, and the total number of Legitimate Complaints, during the month. 16.2.3.5 Names and addresses of any Commercial Customers that were offered and declined Collection Service for Recyclable Materials. 16.2.4 The Contractor shall identify each number in the Monthly Report that is based on an estimate and shall clearly explain how the Contractor estimated the number used in the report. 16.3 Annual Report 16.3.1 Contractor shall submit Annual Reports to the Director within thirty (30) calendar days after the end of each Agreement Year. 16.3.2 At a minimum, the Annual Report shall include the following information: 16.3.2.1 Annualized information for all items required in the Monthly Report for Residential and Commercial Customer service. 41 of 71 ~~_·W. IDA 16.3.2.2 An updated list of all vehicles and equipment used to provide Collection Services under this Agreement, including make, type, year, license number, and ID number for each. 16.3.2.3 An updated Collection Plan, including current route maps and schedules for all Collection Services provided under this Agreement. 16.3.2.4 A description of any public education activities completed by the Contractor and a general accounting of the amount of money expended during the year for educational purposes. 16.3.2.5 A description and inventory, indicating quantities and condition, of the equipment, facilities, manpower, and other resources the Director deems necessary for emergency conditions. 16.3.2.6 A trend analysis and overall evaluation of the number and types of Legitimate Complaints received by the Contractor on a monthly and annual basis during the term of this Agreement. The evaluation shall include a corrective action plan for systemic and chronic problems. 16.3.2.7 An updated Contingency Plan. 16.3.2.8 A summary of all accidents and Legitimate Complaints involving damage to public or private property. 16.3.2.9 Upon request by the Contractor, the Director may waive one or more of the requirements for the Annual Report. 16.4 Other Reports. Documents and Notifications 16.4.1 Residential Recvclinq Participation Report. Contractor shall perform a "Set Out" count of Customer participation in the residential recycling program, in March and September of each Agreement Year. Contractor shall provide reports to the Director concerning the Collection of Residential Program Recyclables and Residential Yard Trash no later than April 15th and October 15th, respectively. The Director and the Contractor shall agree on the format of the reports. The reports shall evaluate the data for each Collection route, and for all Collection routes combined. These counts shall be performed under the direction and to the satisfaction of the Director. 16.4.2 Updates to Safety Plan. Contractor shall continuously update its safety plan to reflect any changes in Contractor's operations. The Contractor shall deliver an updated plan to the Director within five (5) Days whenever any changes are made to the safety plan. 16.4.3 Accidents and Property Damaqe. Contractor shall notify the Director of any accidents involving the Contractor's staff, vehicles, or equipment requiring notification to OSHA or any other Person under Applicable Laws. Contractor also shall notify the Director of accidents involving damage to public or private property. In all such cases, verbal notice shall be provided within six (6) hours of the accident and a written report shall be provided to the Director within one (1) Day of the accident. If any issues are unresolved at that time, a subsequent report shall be provided to the Director within two (2) Days following the ultimate disposition of the case. The Contractor also shall provide the Director with copies of any reports or notices provided to OSHA or the Department of Transportation, within two (2) Days after such documents are submitted. 42 of 71 --..- <'-'-., ~._-, IDA 16.5 General Record Keepinq and Reportinq Requirements 16.5.1 Contractor shall cooperate with the Director and provide every reasonable opportunity for ascertaining whether or not the duties and responsibilities of the Contractor are being performed. 16.5.2 Contractor shall promptly provide any information, in addition to that required explicitly by this Agreement, that the Director or the Contractor deem relevant under the circumstances. 16.5.3 The County shall have the right to inspect, copy, and audit, at the County's expense, all of the Contractor's financial books and records concerning the Contractor's services under this Agreement. Work papers of the Contractor's auditor shall be made available to the Director, upon request. The Director also shall have the right to inspect and copy all of the Contractor's other books and records, except for confidential and proprietary information, concerning the Contractor's services under this Agreement. 16.5.4 The Contractor's documents shall be made available for inspection during normal business hours at the Contractor's office in Collier County. These documents may be copied by the County, at its expense. These documents shall be maintained by the Contractor for at least five (5) years following the date when they were prepared, or the termination of this Agreement, whichever occurs first. 16.5.5 All of the Contractor's reports to the County shall be submitted in a hard copy and in an electronic format approved by the County. The form and content of all reports are subject to the Director's approval. 16.5.6 In any report submitted to the County, the Contractor may include proposals for changes in this Agreement or the County's operations that will increase operating efficiencies or reduce costs for the County. 17 Education, Promotion and Public Awareness 17.1 Participation in County Activities Contractor shall participate in the County's Solid Waste program activities, including but not limited to: public appearances in support of the County's Recycling Program; use of the County's recycling theme, colors, and logos on Collection vehicles and containers; distribution of promotional literature; participation in special events; special educational presentations; and similar activities. All literature shall include a County phone number, approved by the Director. From time to time, but not more than twelve (12) times per year, Contractor shall assist and/or support the County at local special events (e.g., Earth Day). Examples include but are not limited to: using Collection vehicles to participate in local parades; bringing Collection vehicles to special events; and providing staff to assist County staff at various informational booths. The Contractor shall not be required to staff booths more than a total of 60 Person hours per year. 17.2 Usaqe of County Themes and Loqos Upon request, Contractor shall display the County's recycling, waste reduction, and conservation themes and logos on signs (decal or painted) on designated Collection 43 of 71 --""--~""-~- -"""""-"" ~-~ ..." lOA vehicles. Lettering size shall be appropriate to the size of the sign. The Director shall approve the content, style, size and form of such signs. The signs also shall be subject to the Contractor's approval, which shall not be unreasonably withheld. 17.3 Distribution of Information with Recyclinq Containers Contractor shall distribute informational, promotional and educational materials (e.g., brochures, newsletters, door hangers, etc.) provided by the County. The materials shall be delivered to the Customer with the delivery of each new or replacement Recycling Container. 17.4 Distribution of Information to Commercial Customers Contractor shall provide information to all Commercial Customers regarding the County's Recycling Program, waste reduction program, Hazardous Waste collection program, and related matters. This information shall be distributed in March and November of each Agreement Year. The form and content of this information shall be subject to the Director's approval. 17.5 Production and Distribution of Promotional and Educational Material In addition to the staffing requirements in Section 17.1, Contractor shall expend five thousand dollars ($5,000) per Agreement Year assisting the County with educational, promotional, and public awareness activities, including, but not limited to the following: 17.5.1 At its expense, Contractor shall mail one (1) Solid Waste informational document, developed and published by the County, to all Customers in the Contractor's Service District. The document shall be distributed quarterly each Agreement Year. The County shall give the Contractor a minimum of four weeks notice prior to the mailings. Contractor shall perform mailings under the direction and to the satisfaction of the Director. 17.5.2 At its expense, Contractor shall distribute pre-printed promotional materials (e.g., brochures, newsletters, flyers, door hangers, magnets) up to four (4) times per Agreement Year, to all Customers in the Contractor's Service District. These materials shall be developed and provided by the County to educate Residential and Commercial Customers about the proper methods to be used to Set Out their Solid Waste, Yard Trash and Program Recyclables, and to provide other information concerning the County's Solid Waste program. 17.5.3 At its expense, Contractor shall publish a quarter-page, County-prepared advertisement, promoting Solid Waste programs. The advertisement shall be published twice each Agreement Year in the newspaper that has the largest local circulation. 17.5.4 When determining whether the Contractor has satisfied its obligation to spend $5,000 per Agreement Year on educational activities, the County shall consider and include the Contractor's out-of-pocket costs for printing, publishing, and mailing educational materials to Customers pursuant to Sections 5.3 (during the transition before the Commencement Date), 17.1, 17.2, 17.3, and 17.4, above, but shall not include any costs incurred by the Contractor pursuant to Section 17.6, below. 44 of 71 1 QA 17.6 Public Notices ConcerninQ ChanQes in Collection Services At its expense, the Contractor shall prepare and publish a notice whenever the Contractor's schedule or Collection Days are changed for Residential Customers. The notice shall be subject to approval by the Director. The notice shall be placed in the newspaper that has the largest circulation in the County. The notice shall cover at least one-quarter (1/4) of a page in the general section of the newspaper (i.e., not in the legal or classified advertisements). The Contractor also shall mail or deliver the notice to each Residential Customer within the Contractor's Service District that will be affected by the change. The notices shall be published and delivered not less than ten (10) calendar days and not more than thirty (30) calendar days prior to the Contractor's change in service. 18 Changes to Services 18.1 Addition or Deletion of Recyclable Materials 18.1.1 If the County decides to change the Materials Acceptance Protocol, or add or delete Program Recyclables, the County and Contractor shall enter into good faith negotiations to amend this Agreement, if necessary, to reflect such modifications. If the County determines it is appropriate to add or delete Program Recyclables, Contractor shall be given at least sixty (60) days to adjust its services accordingly. 18.1.2 If the County and Contractor fail to reach an agreement regarding the Rate to be paid following the addition or deletion of any Program Recyclables, the County may require the Contractor to participate in mediation, as specified in Section 30 of this Agreement. 18.2 RecyclinQ Facility in Collier County 18.2.1 The County may require the Contractor to deliver Recyclable Materials collected in Service District II to a Recycling Facility located in Collier County. The Director shall give the Contractor at least three hundred sixty- five (365) calendar days notice before requiring the Contractor to use a Recycling Facility designated by the County. The Contractor shall not receive any additional fee or an increase in the Rates for taking Recyclable Materials to the County's Designated Site in Collier County. 18.2.2 If the County requires the Contractor to deliver Recyclable Materials to a Designated Site in Collier County, the County shall reimburse the Contractor for the lost profits, if any, that the Contractor would have earned under this Agreement from the sale of those Recyclable Materials. The County's obligation to reimburse the Contractor for lost profits shall only apply to those Recyclable Materials that will be collected in Service District II and delivered to the Designated Site during the remaining portion of the term of the Agreement, prior to any subsequent renewals. Any disputes concerning the amount of the Contractor's lost profit shall be resolved through the dispute resolution process described in this Agreement. 18.3 Provision of Service Upon Termination If this Agreement is terminated by the County, the Board may, at its sole discretion, authorize one or more qualified hauling contractor(s) to provide Collection Services 45 of 71 ~--,._^.".... ~---- ~-_."~.._---,~ --.. lOA for Solid Waste, Program Recyclables, and Yard Trash in Service District II, under such terms and conditions as the Board deems appropriate. 18.4 Collection and Processinq of Commercial Orqanics 18.4.1 If the County decides to collect and process Commercial Organics, the County shall give the Contractor an opportunity to submit a proposal for providing these services in Service District II. If the County and Contractor are unable to negotiate a mutually acceptable agreement for the provision of these services, the County may issue a request for proposals or take such other action as it deems appropriate. 18.4.2 If the County executes a contract with a Person other than the Contractor for the Collection of Commercial Organics in Service District II, the County shall give notice to the Contractor at least ninety (90) calendar days before the Person begins to collect Commercial Organics pursuant to its contract with the County. In such case, the County shall reimburse the Contractor for the lost profits the Contractor would have earned under this Agreement from the Collection of Commercial Organics in Service District II during the remaining portion of the term of this Agreement, prior to any renewals of the Agreement, but only if and only to the extent that: (a) the County's Collection of Commercial Organics directly causes a reduction in the amount of Solid Waste collected annually by the Contractor; and (b) the reduction is greater than five percent (5%). 18.4.3 For the purpose of Section 18.4.2, "lost profit" means a reduction in the Contractor's net revenue that was directly caused by a reduction in the amount of Commercial Organics collected by the Contractor under this Agreement. Lost profit does not include a reduction in net revenue that was caused by increased capital or operating expenses. 18.4.4 For the purpose of Section 18.4.2, the parties shall determine whether there has been a reduction in the amount of Solid Waste collected under this Agreement by comparing (a) the amount of Solid Waste collected during the first twelve months after the County begins to collect Commercial Organics and (b) the amount of Solid Waste collected during the prior twelve months. 18.4.5 To calculate lost profits under Section 18.4.2, the parties shall: (a) determine the net revenue the Contractor earned for the Collection of one ton of Commercial Organics during the twelve (12) months before the County began to collect Commercial Organics; (b) determine the extent to which the reduction in the Contractor's Collection of Solid Waste exceeded five percent (5%); (c) convert the value identified in subsection (b) into tons; and (d) multiply the Contractor's net revenue per ton, as determined pursuant to subsection (a), by the appropriate number of tons, as determined pursuant to subsection (c), and by the remaining number of years (or fractions thereof) in the term of the Agreement. This calculation may be expressed by the following formula: LP = NRPT x ETxT 46 of 71 .._-_..,~ ~."..'. ..'-,^"~".,,, -..._~~_.,---,._~ --.---- lOA Where: LP is the amount of the Contractor's lost profit; NRPT is the Contractor's net revenue per ton; ET is the excess tonnage (Le., the amount greater than a 5% reduction in the Contractor's Collections); and T is the time (years) remaining under the Agreement. 18.5 County's Riqht to Require Recvclinq Carts The County shall have the right to require the Contractor to use Recycling Carts for the Collection of Program Recyclables in Service District II, subject to the conditions contained in this Section 18.5. If the County exercises this right, the County shall provide the Recycling Carts to the Contractor and the Contractor shall deliver the Recycling Carts to its Residential Customers. The County shall give notice to the Contractor at least ninety (90) calendar days before the County requires the Contractor to begin using Recycling Carts. If the Board notifies the Contractor by July 1, 2005 that the County wishes to implement the use of Recycling Carts on October 1, 2005, the Contractor shall provide its Collection Services with Recycling Carts at an annual Rate of $92.23. The Contractor's Rate shall be negotiated if the Board elects to use Recycling Carts at a later date. 19 Additional Services 19.1 Commercial Waste Reduction The County reserves the right to negotiate with the Contractor to implement incentives to increase the diversion of Commercial Recyclables from the Immokalee Landfill. 19.2 Community Service At its expense, Contractor shall provide the following services for community programs, in accordance with applicable Board resolutions: 19.2.1 Provide Collection Service for monthly community clean-up projects. Collection Service for each community clean-up shall include: up to four (4) sites; a minimum of two (2) roll-off containers at each site; and a minimum of three (3) additional roll-off containers per site, with one each for Yard Trash, White Goods, and Tires. Each roll-off container shall be emptied up to three (3) times. The County shall pay the Tipping Fee for the disposal of materials collected during the community clean-ups. 19.2.2 Provide Curbside Collection for up to four thousand (4,000) thirty-two (32) gallon bags of Solid Waste, and up to four hundred (400) thirty-two (32) gallon bags of Program Recyclables, collected annually during Keep Collier County Beautiful events or similar clean-ups. The County shall pay the Tipping Fee for the disposal or processing of the collected materials. 19.2.3 Transport ("backhaul") the County's compost to County parks. The County and the Contractor shall agree on the schedule of delivering the compost. The Contractor shall haul at least twenty-four (24) Loads of Compost per year. 19.3 Pilot Studies During the term of this Agreement, the County will likely conduct pilot studies to evaluate strategies that may increase recycling, waste reduction, Collection efficiency, or reduce the County's costs. Contractor shall cooperate with the County 47 of 71 ~..~. ' H~", -..- IDA in conducting such pilot studies, and shall enter into good faith negotiations with the County if additional services are necessary from the Contractor to carry out the pilot studies. 19.4 Electronic Equipment The Contractor shall collect and process Electronic Equipment that is discarded in the Contractor's Service District. At a minimum, the Contractor shall provide the following services at no cost to the County, except as otherwise provided below: 19.4.1 The Contractor shall collect Electronic Equipment that is Set Out at Curbside by the Contractor's Residential Customers and Commercial Customers. The Contractor shall transport the Electronic Equipment to an appropriate Recycling Facility for processing. 19.4.2 The Contractor shall place a container at the Contractor's office for the Collection of Electronic Equipment. The Contractor shall empty the container, as necessary, and shall transport the Electronic Equipment to an appropriate Recycling Facility for processing and recycling. 19.4.3 The County shall reimburse the Contractor for the cost of processing the Electronic Equipment collected in Service District II. The County shall be billed on a monthly basis for the processing services. The County shall only pay the Contractor's actual cost, as documented by invoices, without mark-ups or additional fees. The cost of processing the Electronic Equipment shall not include the cost of collecting, transporting or handling the Electronic Equipment. 19.4.4 The Director may terminate the Contractor's services for Electronic Equipment at any time, in the Director's sole discretion. The Director may expand the scope of the Contractor's services, on terms that are mutually acceptable to the parties. 19.4.5 The materials classified as Electronic Equipment may be expanded or revised with the mutual consent of the County and the Contractor. 19.4.6 When Electronic Equipment is collected by the Contractor pursuant to this Agreement, the Contractor initially shall transport the Electronic Equipment to a Designated Site in Collier County, as instructed by the Director. At the Designated Site, the County shall wrap and prepare the Electronic Equipment for shipment to a Recycling Facility. The Director shall notify the Contractor when the Electronic Equipment is ready for shipment to a Recycling Facility. The Contractor shall remove the Electronic Equipment from the County's Designated Site within three (3) Days after receiving the Director's notice. 19.4.7 The Contractor shall pay all costs associated with the transportation of the Electronic Equipment to a Recycling Facility, provided that the Recycling Facility is located within two hundred (200) miles of the County. The County shall reimburse the Contractor for the incremental fuel costs incurred by the Contractor if the Director instructs the Contractor to use a Recycling Facility located more than 200 miles from the County, and if the incremental fuel costs are reasonable and appropriately documented. 19.4.8 At all times, the Contractor shall handle Electronic Equipment carefully to minimize breakage and damage. The Contractor shall collect all Electronic 48 of 71 -.-.'" lUA Equipment manually. However, the Contractor shall not be responsible for manually collecting Electronic Equipment that has been placed in a Commercial Container by a Person other than the Contractor. 19.5 School Recvclinq Proqram The Contractor shall place a Commercial Recycling Container at each school in Service District" for the Collection of Program Recyclables. 20 Emergency Situations and Disaster Debris 20.1 Use of Contractor Services If excessive amounts of Disaster Debris accumulate because of a hurricane, tropical storm, freeze, or other natural or manmade disaster, the County, at its sole discretion, may utilize the Contractor to assist with Collection of the Disaster Debris. The County also may utilize the County's Disaster Debris Contract in accordance with the County's Comprehensive Emergency Management Plan, as amended from time to time. If the Director determines that an emergency situation exists, the Director may direct the Contractor to perform such work for the Rates specified in Section 26.2 of this Agreement. Nothing herein shall require the County to utilize the services of Contractor, or prevent the County from hiring other parties to perform part or all of such work. The County also reserves the right to utilize County personnel and equipment in the removal of Disaster Debris. 20.2 Variance in Routes and Schedules In the event of a hurricane, major storm, or other natural or man-made disaster, the Director may grant Contractor a variance from the Contractor's regular routes and schedules. In the event such a variance is granted, there shall be a corresponding reduction in payment to the Contractor, if appropriate. As soon as practicable after such a disaster, the Director shall advise the Contractor when normal Collections and routes can be resumed. The County and the Contractor shall make every effort through the local news media to inform the public when regular services can resume. 20.3 Continqencv Plan Contractor shall develop a Contingency Plan, which shall describe the Contractor's plan of action in the event that an emergency or other situation renders the Contractor's operations yard or equipment unusable. The Contingency Plan shall describe the steps that the Contractor shall take to avoid interruptions in Collection Service. The Contingency Plan shall be submitted to the Director by August 1, 2005. Thereafter, the Contingency Plan shall be updated and resubmitted to the Director with the Contractor's annual report pursuant to Section 16.3, and within two (2) Days whenever the plan is revised by the Contractor. 20.4 Emerqencv Manaqement/Disaster Meetinqs Contractor shall attend the County's emergency management/disaster preparedness meetings, and shall provide the County with any materials that may be useful to the discussion, including, but not limited to, Collection schedules and routes and security codes to private community gates. The Director shall notify the Contractor of the date, time and location of the meetings, and any necessary materials to be provided by the Contractor. 49 of 71 < . '·~····M. --' !()A- 21 Insurance 21.1 Reauirements for Insurance Carriers Contractor shall procure and maintain the following types of insurance coverage at all times during the term of this Agreement. The policies of insurance shall be written on forms acceptable to the County, and shall be placed with an insurance carrier that is approved and licensed by the Insurance Department of the State of Florida and acceptable to the Director. The insurance carrier shall have a minimum financial rating by the A.M. Best & Company of no less than "Excellent", with a minimum class size of "VII". 21.2 Workers Compensation Insurance Contractor shall provide workers compensation insurance, on behalf of all employees who provide a service under this Agreement, as required under any Applicable Law, including Chapter 440, Florida Statutes. Contractor shall provide employers liability insurance with limits not less than: 21.2.1 $1,000,000 per employee per accident 21.2.2 $500,000 disease aggregate 21.2.3 $500,000 employee per disease 21.3 Commercial General Liability Contractor shall provide commercial general liability insurance including, but not limited to, bodily injury, property damage, contractual, products and completed operations, and personal injury, with limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate, covering all work performed under this Agreement. 21.4 Automobile Liability Contractor shall provide automobile liability insurance, including bodily injury and property damage for all owned, leased, hired and non-owned vehicles, with limits of not less than $1,000,000 combined single limit, covering all work performed under this Agreement. (Limits may be satisfied by combining an umbrella form and automobile liability form for a combined total limit of $10,000,000.) 21.5 Umbrella Liability Contractor shall provide umbrella liability insurance with limits of not less than $10,000,000 per occurrence, covering all work performed under this Agreement. 21.6 Hazardous Waste Insurance If regulated quantities of Hazardous Waste are identified while carrying out this Agreement, no further work is to be performed in the area of the Hazardous Waste until the County's Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverages: 21.6.1 Contractor's Pollution Liability. For sudden and gradual occurrences, in an amount no less than $5,000,000 per claim and $5,000,000 in the aggregate, arising out of the work performed under this Agreement, including, but not limited to all Hazardous Waste identified under this Agreement. 50 of 71 -........- ^.__._··d. --... lOA 21.6.2 Asbestos Liabilitv. For sudden and gradual occurrences, and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate, arising out of work performed under this Agreement. 21.6.3 Hazardous Waste Disposal. When applicable, the Contractor shall designate the disposal site and furnish a certificate of insurance from the disposal facility for Environmental Impairment Liability Insurance, covering liability for sudden and accidental occurrences in an amount not less than $5,000,000 per claim and $5,000,000 in the aggregate, and shall include liability for non-sudden occurrences in an amount not less than $10,000,000 per claim and $10,000,000 in the aggregate. 21.6.4 Hazardous Waste Transportation. When applicable, the Contractor shall designate the hauler and furnish a certificate of insurance from the hauler for automobile liability insurance with Endorsement MCS90 for liability arising out of the transportation of Hazardous Waste, with an amount not less than $1,000,000 annual aggregate, and provide a valid EPA identification number. 21.6.5 Certificates of Insurance. The certificate of insurance furnished by the Contractor shall clearly identify the hazardous material exposure work being performed under this Agreement. 21.7 General Insurance Requirements Unless otherwise approved by the County's Risk Management Department, all policies required herein, with the exception of workers compensation insurance, are to be written on an occurrence basis, and shall name Collier County, its commissioners, officers, agents, employees, and volunteers as additional insureds. Insurer(s), except with regard to the workers compensation coverage, shall waive all rights of subrogation against Collier County, its commissioners, officers, agents, employees and volunteers. 21.8 All of the insurance requirements imposed on the Contractor in this Agreement also shall be applicable to the Contractor's subcontractors under this Agreement. The Contractor shall be held responsible for any deficiencies, deviations, or omissions in any subcontractor's insurance. 21.9 Each insurance policy required by this Agreement shall: 21.9.1 Apply separately to each insured against whom claim is made and suit is brought, except with respect to the limits of the insurer's liability. 21.9.2 Be endorsed to state that coverage shall not be modified, suspended, voided, or canceled until 30 calendar days after written notice by certified mail, return receipt requested, has been given to Collier County's Risk Management Department. 21.10 The County shall retain the right to review, at any time, the Contractor's coverage, form, and amount of insurance. Upon request, the Contractor shall provide copies of its insurance policies to the Director within two (2) Days. 21.11 The procuring of required policies of insurance shall not be construed to limit Contractor's liability or to fulfill the indemnification provisions and requirements of this Agreement. 51 of 71 ·'·___.~H ,.._',.,-, __"'.'..__n_.__. IDA 21.12 Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not Collier County is an insured under the policy. 21.13 Claims made policies shall be accepted for professional and such other risks as are authorized by the County's Risk Management Department. All claims made policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two years. If provided an option, the Contractor agrees to purchase the extended reporting period on cancellation or termination, unless a new policy is affected with a retroactive date, including at least the last policy year. 21.14 Certificates of Insurance evidencing Claims Made or Occurrence form coverage and conditions to the Contractor, as well as the County's contract number and description of work, are to be furnished to the Director prior to September 1, 2005, and within thirty (30) calendar days of expiration of the insurance contract, when applicable. All insurance certificates shall be received and approved by the County's Risk Management Department before the Contractor shall be allowed to commence or continue work. 21.15 Notice of Accident (occurrence) and Notice of Claims associated with work being performed under this Agreement, shall be provided to the Contractor's insurance company as soon as practicable after notice to the Contractor of any incident (occurrence) or claim arising out of the terms of this Agreement. The Notice of Accident shall be provided to the Director within two (2) Days. 21.16 At the end of the initial Term and each renewal Term, the County shall have the right to require the Contractor to increase the amount of the insurance coverage provided under this Agreement. 21.17 Should the Contractor at any time fail to maintain the insurance coverages required in this Agreement, the County, at its discretion, is authorized to purchase such coverage and charge the Contractor for the coverage purchased. The County shall be under no obligation to purchase such insurance, or to be responsible for the coverage purchased, or the financial stability of the insurance companies used. 22 Peñormance Bond 22.1 Contractor shall furnish the County with a Performance Bond or other financial instrument ensuring the faithful performance of this Agreement. The bond shall be provided no later than September 15, 2005. The Performance Bond shall be in an amount not less than fifty percent (50%) of the value of one (1) year of the Contractor's Residential Collection Service. The general form of the Performance Bond is shown in Exhibit V(A). The amount of the Performance Bond shall be determined by the Director and calculated in accordance with the formula in Exhibit V(B). The term of the Performance Bond shall be no less than one year, beginning on the Commencement Date. Contractor shall furnish the County with a new Performance Bond for an additional term of not less than one year, from the expiration date of the Performance Bond then in effect, for each year this Agreement is in effect. The new Performance Bond shall be submitted at least thirty (30) days prior to the expiration date of the Performance Bond then in effect. 52 of 71 ._,."'.o>_.~_... . IDA 22.2 The Performance Bond shall be issued by one and only one surety, which shall be a surety company authorized to do business in the State of Florida, and holding a Certificate of Authority from the Secretary of the Treasury under Act of Congress, approved on July 30, 1947 (U.S.C. 613). Acceptable surety companies shall be licensed to do business in Florida and shall have an A.M. Best rating of "A" or better and a "T" Underwriting Limitation, which is not exceeded by this project's Performance Bond. 22.3 The form of the proposed Performance Bond shall be provided to the Director by July 15, 2005, for approval. 23 Assignment and Subletting 23.1 No assignment of this Agreement or any right or responsibility occurring under this Agreement shall be made in whole or in part by the Contractor without the express written consent of the Board. The Board shall have the right to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express written consent of the Board shall be null and void and shall be grounds for the County to declare a default of this Agreement. In such cases, the Board may terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice, this Agreement shall be deemed immediately terminated. Upon such termination all liability of the County under this Agreement to the Contractor shall cease, except for the amounts due and owing for Collection Services completed at that time. Thereafter, the County shall have the right to call the Performance Bond and shall be free to negotiate with any Person for the service which is the subject of this Agreement. 23.2 In the event that the Board's consent to any proposed assignment is denied, Contractor shall continue to provide all of the services required herein for the remainder of the Term. 23.3 If any assignment is approved by the Board, the assignee shall fully assume all of the liabilities of the Contractor. 23.4 The requirements of this Section 23 shall include, but not be limited to cases where the Contractor hires a subcontractor to undertake any of the Contractor's obligations under this Agreement. 24 Transfer of Ownership The transfer of this Agreement, by transfer of ownership, transfer of corporate shares, or any other means to effect a change in the ownership structure of the Contractor, shall be effective only after approval by the Board. An application to transfer this Agreement shall be submitted jointly by the proposed transferor and transferee, and shall contain the same information as necessary as for the granting of a franchise. The proposed transferee shall verify in writing that (a) it will comply with all of the requirements in this Agreement and (b) it has the financial resources, expertise, equipment and other capabilities necessary to do so. The Board may grant or deny the application for transfer, or may grant the application subject to conditions. 53 of 71 - -"'"",^-~.-- ,__M -,,_..-~..,...,~ -- IDA 25 Payment for Services and Administrative Fees 25.1 Prohibitions on Payments Neither the Contractor nor its agents, subcontractors, employees or other representatives shall accept monetary remuneration from any Customer for the provision of services described in this Agreement, unless such payments are explicitly authorized in this Agreement, and the payments are less than or equal to the amounts authorized. 25.2 County's ObliQation to Pay for Residential Collection Service The County shall be responsible for billing and collecting the fees that must be paid by the County's residents for Residential Collection Service. In turn, the County shall make monthly payments to the Contractor for the Residential Collection Service that the Contractor provides. The Contractor shall be entitled to payment for the services it renders, even if the County does not collect the necessary fees for such services from the County's residents. The Contractor shall be responsible for billing and collecting its fees for any Residential Supplemental Collection Service. 25.3 Procedure for Payment of Residential Service The County's payments to the Contractor for Residential Collection Service shall be made on a monthly basis, for services performed during the previous month, in an amount equal to one-twelfth of the approved annual payment per Residential Customer. Payments to the Contractor shall be calculated by: (a) multiplying the Rate for Residential Collection Service by (b) the number of Residential Customers that received Residential Collection Service during the month, and (c) deducting any liquidated damages assessed against the Contractor. Payment shall be sent to the Contractor within the first twenty (20) Days of the month. 25.4 AddinQ New Residential Customers If a new Residential Customer is added to the Customer List, the County shall pay the Contractor for its services to the new Customer, subject to the following conditions. If the Contractor's initial service to a new Customer commences prior to the fifteenth calendar day of the month, the County's payment for that Customer will be for a full month's service. If the initial service commences on or after the fifteenth day of the month, there will be no payment to the Contractor for any services provided that month. 25.5 RemovinQ Residential Customers If the County removes a Customer from the Customer List, the County shall reduce its payments to the Contractor, subject to the following conditions. If the County notifies the Contractor on or before the fifteenth calendar day of the month that the Customer has been removed from the Customer List, the Contractor shall not be paid for any service it provides to the Customer during that month. If the County notifies the Contractor after the fifteenth day of the month that the Customer has been removed from the Customer List, the Contractor shall be paid for the entire month. 25.6 Overpayments and Underpayments for Residential Service If the Contractor provides service to a Person that is not included in the Customer List provided by the County, the Contractor shall provide the Director with appropriate information, in the format required by the Director, concerning the 54 of 71 ....- _.......".",,- ~...----- lOA existence of and service to the Person. Upon verifying this information, the County shall revise the Customer List and shall begin remitting monthly payments to the Contractor for its new Customer. If the County pays the Contractor in error, for whatever reason, the Contractor shall promptly notify the Director to rectify the mistake. The Director shall make appropriate adjustments to the Contractor's payments under this Agreement to offset any past underpayments or overpayments resulting from any error. 25.7 Payments for Commercial Service Contractor shall be responsible for the billing and collection of Rates to be charged for Commercial Collection Service and Commercial Supplemental Collection Service, including collection and payment of Tipping Fees. The Contractor shall pay the Tipping Fee at the Designated Site when the Contractor delivers Commercial Waste or Commercial Recyclables. 25.8 County Billinqs for Commercial Service The County, at its sole option, may elect to take over the billing and collection of fees for Commercial Collection Service. If the County elects to do so, the Contractor shall provide the County with a comprehensive list of Commercial Customers, including the location, size and number of containers, and frequency of Collection, in an electronic format approved by the County. The Contractor and County agree to enter into good faith negotiations to amend this Agreement (including Rates) to reflect such a change. 25.9 Administrative Fees To compensate the County for the cost of administration, supervision and inspection required for the effective performance of this Agreement, the Contractor shall pay to the County an administrative fee equal to two percent (2%) of all gross revenues collected from Residential Customers, plus three percent (3%) of all gross revenues collected from Commercial Customers, including disposal fees, arising out of any services or operations governed by this Agreement. The amount of the administrative fee may be adjusted by the County on October 1 of each Agreement Year, beginning on October 1, 2006, but the administrative fee shall not exceed five percent (5%). The administrative fee shall not be increased unless the Rates in Exhibit I are increased appropriately to maintain the Contractor's net revenues. For the purposes of determining the amount of the administrative fee, gross revenues shall include the disposal fees associated with Residential Collection Service, whether or not such fee is directly collected or paid by the Contractor. The residential disposal fee to be used for this purpose shall be based upon the Rates established in the exhibits attached hereto. Administrative fees shall be payable monthly in arrears with the disposal fees. Any amounts not paid when due shall earn interest at the maximum legal rate. Adjustments to the administrative fee, based upon new or additional information about the Contractor's gross revenues, may be made from time to time by the Director, after providing notice to Contractor. 55 of 71 -- -'"~-'-.'. ..._.,.""~--~.~.._-,.,,,-,...-.,... 1 QA 26 Rates 26.1 Standard Rates 26.1.1 Separate Rates for Residential Collection Service, Commercial Collection Service, and for each Residential and Commercial Supplemental Collection Service, are shown in Exhibits I(A) and 1(8) of this Agreement. 26.1.2 Contractor shall utilize the Rates in Exhibits I and II of this Agreement when billing its Customers. 26.1.3 Contractor is authorized to charge interest at the rate set by Florida Statutes, on any delinquent Commercial Customer account. 26.1.4 Contractor may collect a deposit prior to initiating service to a Commercial Customer. The deposit shall not exceed the expected charge for two (2) months service to the Commercial Customer. In the event a deposit is collected, it may be used to offset any delinquent amounts due the Contractor after termination of service. Any remainder of a collected deposit shall be returned to the Commercial Customer. 26.1.5 The Contractor may charge a fee to a Commercial Customer for resumption of service, where the Contractor discontinues service because the Commercial Customer became delinquent in payments. The amount of the fee is set forth in Exhibit 1(8). 26.2 Special Rates for Emerqencv Situations and Disaster Debris If the Director makes a determination that an emergency situation exists and directs the Contractor to collect Disaster Debris, as specified in Section 20 of this Agreement, the County shall pay the Contractor the following rates. 26.2.1 If the quantity of Yard Trash collected from Residential Customers in a given month exceeds 110 percent of the previous four-year average quantity of Residential Yard Trash collected during that month, the County shall pay the Contractor a per-hour rate for each hour needed to collect Yard Trash in excess of 100 percent of the average. The hourly rate for a Federal Emergency Management Administration (FEMA) event is $140.00; the hourly rate for a Non-FEMA event is $125.00. The current four-year monthly averages are provided in Exhibit VII, and will be recalculated annually. 26.2.2 If the quantity of Solid Waste collected from Residential Customers in a given month exceeds 110 percent of the previous four-year average quantity of Residential Solid Waste collected during that month, the County shall pay the Contractor a per-hour rate for each hour needed to collect Solid Waste in excess of 100 percent of the average. The hourly rate for a FEMA event is $140.00; the hourly rate for a Non-FEMA event is $125.00. The monthly averages for 2002-2003 are provided in Exhibit VII. The most recent four year averages will be determined on the Commencement Date and recalculated annually thereafter. 26.2.3 If the County directs the Contractor to utilize roll-off containers for Collection of Disaster Debris, the County shall pay the Contractor per hour for placement and Collection of each roll-off container. The per hour charge for a FEMA event is $115.00; the per hour charge for a non-FEMA event is $100.00. Tipping Fees will be paid by the County. 56 of 71 -'-"'~-"'--'---.~._~~. ~~..._- .- lOA 26.2.4 At its option, the County may pay the Contractor $11.50 per cubic yard for the Collection of Yard Trash, instead of the amounts authorized in Section 26.2.1, above. This fee shall be adjusted pursuant to Section 27.1 to reflect changes in the Consumer Price Index. 27 Rate Adjustment 27.1Annual CPI Adjustments to Collection Rates 27.1.1 The Collection portion of the Residential Customer Rates and the Collection portion of the Commercial Customer Rates (e.g., front-load, compactor, and roll-off Rates) shall be adjusted on October 1st of each year, beginning in the second Agreement Year, as described below. 27.1.2 The Rate shall be adjusted in an amount equal to seventy percent (70%) of the change in the Consumer Price Index (tlCPltI) during the previous year, but the adjustment shall not exceed five percent (5%) in anyone year. The formula in Exhibit II shall be used to calculate the Rate for the upcoming Agreement Year. 27.1.3 The CPI shall be the lesser of the United States All Urban CPI, or the Southern All Urban CPI, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve (12) months ending on the April 30th that precedes each new Agreement Year. If the CPI is discontinued or substantially altered, the County may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. 27.1.4 Exhibit II contains sample calculations that illustrate how the Collection Rates will be adjusted, based on the CPI. 27.1.5 The fees set forth in Exhibit I(B) for Supplemental Services shall be adjusted annually to account for changes in the CPI. These CPI adjustments shall be made in the same manner as the other CPI adjustments described in this Section 27.1. 27.2 Adiustments to Commercial Disposal Rates 27.2.1 The disposal Rates for Commercial Customers shall be adjusted, in the manner shown in Exhibit II, whenever the Tipping Fee at the Naples Landfill is adjusted. 27.2.2 At least thirty (30) calendar days prior to the effective date of any proposed adjustment in the Tipping Fee to be charged at the Naples Landfill, the County shall notify the Contractor of such adjustment, and shall provide the Contractor with a revised calculation of the Commercial Customer Rates (e.g., front-load, compactor, and roll-off Rates), based on the proposed change in the cost of disposal of Solid Waste at the Naples Landfill. 27.2.3 Exhibit II contains sample calculations that illustrate how the disposal Rates will be adjusted, based on changes in the Tipping Fee. 27.3 Chanaes Imposed bv Law 27.3.1 If a change in law will directly affect the Contractor's cost of providing its services under this Agreement, the Contractor may prepare a schedule of 57 of 71 ."._"--,~,' ,·w·__...." --~."-..__.,, IDA proposed Rates which shall pass on the increased or decreased costs in a fair and non-discriminatory manner. The schedule shall be accompanied by all the work papers necessary for the Director to fairly evaluate the proposed Rate increase or decrease. The Director shall review the information provided and shall request such additional information as may be necessary. The Director shall determine within forty-five (45) calendar days the merits of the request, and shall make a recommendation to the Board at a regular meeting. Adjustments to the Rates, if any, shall become effective upon the date designated by the Board. 27.3.2 A "change in law" means the adoption, promulgation, or modification of any Applicable Law after the Effective Date, which directly and substantially affects the Contractor's or County's performance under this Agreement. A change in law does not include a change in any tax law or workers' compensation law. 27.4 Extraordinary Rate Adjustment 27.4.1 Once each Agreement Year, the Contractor may petition the Board for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. Contractor's petition shall contain a detailed justification for the Rate adjustment. Among other things, the Contractor's petition shall include an aud ited statement of Contractor's historical and current expenses, confirming an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant, licensed in the State of Florida, that is not an employee of the Contractor or its affiliates. At its expense, the County may audit the Contractor's records to evaluate the Contractor's request. The Director may request from the Contractor, and the Contractor shall provide, all of the information that is reasonably necessary for the Director to evaluate the Contractor's petition. 27.4.2 In its sole discretion, the Board shall approve or deny the request within sixty (60) days after the Director receives all of the information needed to evaluate the Contractor's proposal. The Board's decision shall be final and non-appealable. 27.4.3 If the Contractor's request is granted, the Board shall have the right to reduce the Contractor's Rates when the Contractor's costs are reduced. Every twelve (12) months after a request is granted, the Director shall have the right to request, and the Contractor shall prepare promptly upon request, an updated audit and explanation of whether the extraordinary Rate increase should remain in effect. 27.5 Rate Reductions The Board shall have the right to reduce the Rates, after providing notice to the Contractor and an opportunity for a hearing. The Board may exercise its right when the Board determines that a change in law, a reduction in the Tipping Fee, or extraordinary event warrants a reduction in the Contractor's Rates. 58 of 71 --'..,'--- _.....,-,~",-_.. '"-,~ ". IDA 28 Liquidated Damages 28.1 Basis for Liauidated Damaaes The County and Contractor acknowledge and agree that it is difficult or impossible to accurately determine the amount of damages that would or might be incurred by the County due to those failures or circumstances described in this Section 28 and for which the Contractor would otherwise be liable. Therefore, the following administrative assessments shall constitute liquidated damages, not penalties, for the Contractor's breach of this Agreement. These administrative charges may be deducted from the County's payments to the Contractor. 28.1.1 Failure to clean up spilled liquids or material in compliance with the requirements in this Agreement, within the deadlines set forth herein, after notification by the Director or a Customer. Each failure shall result in the imposition of a $250 assessment per event. 28.1.2 Failure or neglect to collect properly prepared Solid Waste, Yard Trash, or Program Recyclables from any Premises at those times provided by this Agreement, within the deadlines set forth herein, after notification by the County or Customer. Each failure shall result in the imposition of a $100 fee. If the Contractor fails to meet the deadlines contained in this Agreement, each additional Day of delay after the initial violation shall result in the imposition of an additional $250 assessment. 28.1.3 Failure or neglect to correct chronic problems (chronic shall mean three (3) or more Legitimate Complaints at the same Premises within a twelve (12) month period) shall result in the imposition of a $250 assessment. The first assessment shall be imposed for the third Legitimate Complaint. Additional assessments may be imposed for each Legitimate Complaint thereafter. If the Contractor has more than five (5) chronic complaint problems within one month, there shall be an additional $500 assessment. 28.1.4 Failure or neglect to complete each street on a route (including missing whole or partial streets) on the regularly scheduled Collection Day, within the deadlines set forth herein, shall result in the imposition of a $500/streetlDay assessment. 28.1.5 Intentionally mixing Yard Trash, Program Recyclables, Solid Waste, Electronic Equipment, or any other materials that are required to be collected separately, shall result in the imposition of a $1,000 assessment per occurrence. 28.1.6 Mixing Commercial and Residential Garbage, Rubbish or Yard Waste during Collection, without prior written approval from the Director, shall result in the imposition of a $1,000 assessment for each occurrence. 28.1.7 Failure to maintain a Collection vehicle or equipment in a clean and sanitary manner shall result in the imposition of an assessment of $100 per vehicle per day. 28.1.8 Mixing Commercial Recyclables and Residential Program Recyclables during Collection, unless prior approval for the mixing has been granted by the Director, shall result in the imposition of a $1,000 assessment for each occurrence. 59 of 71 '_""'_M ~.,~ IDA 28.1.9 Failure to resolve Legitimate Complaints, other than Missed Collections, within seven (7) Days of notification shall result in the imposition of a $250 per day assessment for each occurrence until such complaint is resolved to the satisfaction of the County. 28.1.10 Failure to timely file any report or document required herein shall result in the imposition of a $100 assessment for each Day that each report or document is late. 28.1.11 Failure to dispose of Residential Waste or Commercial Waste collected in the Contractor's Service District at a Designated Site shall result in the imposition of liquidated damages equal to the current tip fee at the Designated Site, plus twenty-five percent (25%), for each ton disposed at non-Designated Site. 28.1.12 Failure or neglect to correct chronic equipment problems (chronic shall mean three (3) instances of the same or similar problem with the same equipment/truck within a twelve (12) month period) shall result in the imposition of a $250 assessment. The first assessment shall be imposed for the third problem. Additional assessments may be imposed for each problem thereafter. 28.1.13 Failure to properly and legibly label Recycling Containers, Commercial Containers and/or Roll Carts within five (5) Days of receiving notice from the Director, shall result in the imposition of a $100 assessment for each container not properly labeled. 28.1.14 If the Contractor fails to comply with any provision of this Agreement for which liquidated damages have not been specified in this Section 28.1, the County may impose a $200 assessment per occurrence per day. 28.1.15 Failure to have a vehicle operator properly licensed, or failure of the operator to carry his license while on duty, shall result in a $100 assessment per occurrence per day. 28.1.16 Failure to maintain office hours in the manner specified in this Agreement shall result in a $100 assessment per occurrence per day. 28.1.17 Failure to replace or repair a damaged container as specified in this Agreement shall result in a $25 assessment per incident per location. 28.1.18 Failure to service a Legitimate Complaint within the specified time frame shall result in a $50 assessment per incident per day. 28.1.19 If the Contractor notifies the Director that a complaint has been resolved, when the complaint has not been resolved, there shall be a $200 assessment per incident. 28.1.20 Collections outside of the hours specified in this Agreement, without prior approval of the Director, shall result in a $100 assessment per incident per day. 28.1.21 Failure of personnel to treat customer(s) or their property in a professional manner shall result in a $15 assessment per incident. 28.1.22 Blocking driveways with containers or Recycling Bins shall result in the imposition of a $25 assessment per incident, per day. 60 of 71 ,,-..- ~,_.. >_____....._m_'.._·_..m._.M~_.··~ .. _.'.~__M__ IDA 28.1.23 Failure to provide timely promotional, educational materials and/or advertisements shall result in the imposition of a $1,000 assessment per event. 28.1.24 Failure to comply with the deadlines in Sections 5.3 and 5.4 for the Transition Periods shall result in an assessment of $1,000 per day, per incident. 28.2 Procedure for Assessing Liauidated Damages 28.2.1 Based upon an investigation, the Director shall determine whether liquidated damages shall be assessed against the Contractor. The Contractor shall not be required to pay liquidated damages in those cases where the delay or failure in the Contractor's performance was (a) excused in advance by the Director or (b) due to unforeseeable causes that were beyond the Contractor's reasonable control, and without any fault or negligence of the Contractor. 28.2.2 Prior to assessing liquidated damages, the Director shall provide written notice to the Contractor, indicating the County's intent to assess liquidated damages. 28.2.3 After receiving the Director's letter, Contractor shall have ten (10) Days to file a written letter of protest with the Director. 28.2.4 If a protest is timely filed, the matter shall be referred to the Manager for resolution. The Manager shall review the issues in a timely manner and then provide a written decision to the Contractor. 28.2.5 If the Manager's decision is unacceptable, the Contractor shall have ten (10) Days to file a written petition with the Director for a hearing before the Board. Upon the timely filing of a petition, the Board shall provide the Contractor with an opportunity to be heard at a public meeting and then the Board shall notify the Contractor in writing of its decision concerning the liquidated damages. The decision of the Board shall be final and non- appealable. 28.2.6 If a protest or petition is not timely filed by the Contractor, or if the Board concludes that liquidated damages should be assessed, the Director shall deduct the liquidated damages from the County's next payment to the Contractor for Collection Services. 28.2.7 The procedures in this Section 28 shall be used in lieu of the procedures in Section 30 to resolve disputes concerning liquidated damages. 29 Events of Termination 29.1 Failure to Fulfill Obliaations of Agreement 29.1.1 The County may terminate this Agreement for Contractor's failure to fulfill a material obligation of the Agreement, including but not limited to: 29.1.1.1 Refusal to comply with any lawful order of the Board. 29.1.1.2 Failing to begin work within the time specified in this Agreement. 61 of 71 -.~_._" - --~- "-'~"""'-~"'''' ---- IDA 29.1.1.3 Failing to properly and timely perform work as instructed by the Director or as provided in this Agreement. 29.1.1.4 Willful delay in filing reports and audits. 29.1.1.5 Performing the work unsuitably or neglecting or refusing to correct such work as may be rejected as unacceptable, unsuitable or otherwise nonconforming or defective. 29.1.1.6 Discontinuing operations without authorization from the Director. 29.1.1.7 Failing to resume work that has been suspended within a reasonable time after being notified to do so. 29.1.1.8 Failing to obey any Applicable Law. 29.1.1.9 Willfully collecting any Rates, charges or fees for the Collection (including disposal costs) of Solid Waste or Recyclable Materials within the Contractor's Service District, when such sums are not approved by the Board, or are greater than the amounts approved by the Board. 29.1.1.10 Willfully circumventing Rates, charges or fees due for the Collection (including disposal costs) of Solid Waste, Recyclable Materials, and Yard Trash within the Contractor's Service District. 29.1.1.11 Otherwise failing to perform or abide by the terms of this Agreement. 29.1.2 When any of the above reasons exist, the Manager may terminate this Agreement, without prejudice to any other rights or remedies of the County, after giving the Contractor and the Contractor's surety, if any, written notice that the Contractor has seven (7) Days to cure the default. Contractor may be granted an extension of time to cure the default if it is not reasonably possible to comply within seven (7) Days. 29.1.3 If the Contractor fails to cure the default within seven (7) Days and the Agreement is terminated for failure to provide satisfactory performance, the Contractor shall be entitled to receive compensation for all reasonable and allocable services that were satisfactorily performed by the Contractor up to the date of termination. If the County terminates this Agreement because of the Contractor's default, the Contractor shall be liable for all excess costs that the County is required to expend to complete the work covered by this Ag reement. 29.1.4 Except where otherwise specifically provided, the measure of damages to be paid by the Contractor to the County due to any failure by the Contractor to meet any of its obligations under this Agreement shall be the actual damages incurred by the County. 29.1.5 If the County terminates this Agreement because of a default by the Contractor, the Contractor shall be liable to the County for all actual damages incurred by the County as a result of the Contractor's default. The foregoing shall apply without regard to the County's rights pursuant to the Performance Bond. 29.1.6 If the Contractor has abandoned performance under this Agreement, then the County may terminate this Agreement three (3) calendar days after providing written notice to the Contractor of its intention to do so. The 62 of 71 .._---~._- ~,.._.,. . .."..=-",.~-- ....._~~-_.._".......,-'--.,.....,_. "' lOA notice shall state the evidence indicating the Contractor's abandonment. For purposes of this paragraph, abandonment constitutes ceased operations for a period of time that results in failure to perform the terms of this Agreement. 29.2 Insolvency of Contractor Either the appointment of a receiver to take possession of all or substantially all of the assets of the Contractor, or a general assignment by Contractor for the benefit of creditors, or any action taken by or suffered by Contractor under any insolvency or bankruptcy act shall constitute a breach of this Agreement by Contractor. In such cases, the County may terminate this Agreement three (3) Days after giving notice to the Contractor of its intent. 29.3 Repeat Violations of Aareement If the Contractor's record of performance shows that the Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the covenants, conditions, or requirements contained in this Agreement, and regardless of whether the Contractor has corrected each individual condition of default or paid liquidated damages, the Contractor shall be deemed a "habitual violator" and shall forfeit the right to any further notice or grace period to correct, and all of the prior defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. Under such circumstances, the Board shall issue the Contractor a final warning, citing the grounds therefore, and any single default by Contractor of whatever nature, subsequent to the issuance of the Board's notice, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the County may terminate this Agreement upon giving written notice to the Contractor, and termination shall be effective three (3) Days after the notice is delivered. All fees due to the Contractor hereunder, plus any and all charges and interest, shall be payable to the date of termination, and the Contractor shall have no further rights hereunder. Immediately upon receipt of the Board's final notice, the Contractor shall cease any further performance under this Agreement. 29.4 In the event this Agreement is terminated, all liability of the County under this Agreement shall cease and the County shall have the right to utilize the Performance Bond, as necessary to obtain Collection Services from another Person. The Contractor shall reimburse the County for all direct and indirect costs the County incurs while obtaining interim Collection Service. 30 Dispute Resolution Process 30.1 The County and Contractor agree to cooperate and act in good faith at all times when dealing with each other. If a dispute arises between the parties, the parties shall attempt to resolve their differences quickly and informally. If they are unable to do so, they shall seek relief by following the procedures in Section 30.8, below, or by initiating a non-binding mediation process, pursuant to Section 30.2, below. 30.2 ALL CLAIMS, DISPUTES AND CONTROVERSIES ARISING OUT OF OR RELATED TO THE PERFORMANCE, INTERPRETATION, APPLICATION OR ENFORCEMENT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PAYMENT AND CLAIMS FOR BREACH OF THIS AGREEMENT, SHALL BE REFERRED TO NON-BINDING MEDIATION BEFORE INITIATION OF 63 of 71 ---.---- .".-- ._ ..o._._,__.~____·_.. IDA ANY ADJUDICATIVE ACTION OR PROCEEDING, AT LAW OR IN EQUITY, UNLESS IT SHALL BE UNREASONABLE TO DO SO OR AN EMERGENCY SITUATION OR NECESSITY DICTATES OTHERWISE. ALL APPLICABLE STATUTES OF LIMITATION AND DEFENSES BASED ON THE PASSAGE OF TIME SHALL BE TOLLED WHILE THE MEDIATION PROCESS IS PENDING. THE PARTIES WILL TAKE ALL REASONABLE MEASURES NECESSARY TO EFFECTUATE SUCH TOLLING. 30.3 The Contractor and County agree to participate fully in the mediation process and conscientiously attempt to resolve their dispute. Except as provided below, each party shall bear its own expenses in connection with the mediation. Both parties shall pay equally for the services of the mediator. The mediation shall take place in Collier County, Florida. 30.4 Notwithstanding the foregoing, if either party terminates this Agreement for cause pursuant to Section 29, above, the terminating party shall have the right, in its sole discretion, to proceed directly with litigation of any claims or disputes relating to the termination for cause and may include other claims and disputes unrelated to the termination, and shall not be required to submit such claims or disputes to the mediation. 30.5 The parties agree that any claim filed in state or federal court concerning this Agreement shall be heard by a judge, sitting without a jury. 30.6 THE COUNTY AND THE CONTRACTOR HEREBY KNOWINGLY, VOLUNTARILY, AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL CONCERNING THE PERFORMANCE, INTERPRETATION, APPLICATION OR ENFORCEMENT OF THIS AGREEMENT. 30.7 In any litigation concerning this Agreement, the prevailing party shall recover its costs and reasonable attorney's fees from the non-prevailing party, including the fees and costs incurred in any trial, appeal, and mediation, if any, concerning the issue(s) in dispute. 30.8 When a dispute between the County and the Contractor is pending or threatened, the Contractor shall attempt to resolve the dispute with the Director. If this attempt is unsuccessful, either party may initiate a non-binding mediation process, in accordance with the provisions of Section 30.2, above. In addition, at anytime during the dispute resolution process, the Contractor may request the Manager to consider the disputed issue. The Contractor's written request shall be delivered to the Director and it shall describe the Contractor's proposed solution for resolving the dispute. The Director and the Manager may request, and the Contractor shall timely provide, any additional information that is reasonably necessary to evaluate the disputed issue and the Contractor's proposal. The Manager shall fully and fairly consider the Contractor's proposal in a timely manner. Upon request, the Manager shall meet with the Contractor and discuss its proposal. If the Manager rejects the Contractor's proposal in whole or in part, the Contractor may submit a written request to the Manager for an opportunity to present its proposed solution to the Board. Thereafter, the Contractor shall be allowed to present its proposal to the Board at a duly noticed public meeting. The Board may accept or reject the Contractor's proposal, or take other action that the Board deems appropriate, in the Board's sole discretion. 64 of 71 ----"~ ....----------- -.,...-----,....----.,-- lOA 31 Operations During a Dispute If a dispute arises between the County, the Contractor, or any other party concerning the Contractor's performance under this Agreement, the Contractor shall continue to perform its duties in strict compliance with the terms and conditions of this Agreement, regardless of the pending dispute. 32 Waiver Unless otherwise specifically provided by this Agreement, no delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as deemed expedient. The failure of the County or Contractor at any time to require performance by the other party of any term in this Agreement shall in no way affect the right of the County or Contractor thereafter to enforce same; nor shall waiver by the County or Contractor of any breach of any term of this Agreement be taken or held to be a waiver of any succeeding breach of such term or as a waiver of any term itself. To be effective, any waiver shall be in writing and signed by the party granting such waiver. Any such waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Agreement. 33 Notices and Communications to Director and District Manager All notices, requests, authorizations, approvals, protests, petitions, and payments provided for herein shall be in writing. Such documents shall be either (a) hand delivered, (b) mailed by registered or certified mail (postage prepaid), return receipt requested, or (c) sent by telecopy, and addressed as shown below. The documents shall be deemed to have been duly delivered when personally delivered, or when transmitted by telecopier and receipt is confirmed by telephone, or when delivered by U.S. Mail or courier service, as shown by the return receipt. If to the County (Manager): Collier County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 If to the Contractor (District Manager): Immokalee Disposal Company, Inc. Attention: District Manager 120 Jefferson Avenue West Immokalee, Florida 34142 Both parties reserve the right to designate a different representative or representatives in the future, or to change the address(es) for notice, by providing written notice to the other party of such change. 65 of 71 "--._..-"~ _._>c -.--.----..'- ..~ IDA 34 Permits and Licenses Contractor, at its sole cost and expense, shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to perform the work and services described herein. 35 Compliance with Laws and Regulations Contractor agrees that, in the performance of its work and services under this Agreement, Contractor shall qualify under and at all times comply with all Applicable Laws now in effect and hereafter enacted during the term of this Agreement, which are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 36 Equal Opportunity Employment Contractor agrees that it shall not discriminate against any employee or applicant for employment for work under this Agreement because of handicap, race, color, religion, sex, age, or national origin and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment by Contractor without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. Contractor agrees to furnish the County with a copy of its Affirmative Action Policy. A copy of the policy shall be submitted to the Director at least thirty (30) calendar days before the Commencement Date. 37 Indemnification and Hold Harmless The Contractor hereby covenants and agrees to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, cost, expense (including by not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the County, even if incident to appellate, post- judgment or bankruptcy proceedings), damage or loss in connection therewith which may be made or asserted by the Contractor, the Contractor's employees or agents, or any third parties (including but not limited to the County) on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with its performance under this Agreement. At the election of the County, the Contractor shall contest and defend the County against any such claims of liability against the County. The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the County financially. This indemnification shall also include any claim or liability arising from or in any way related to actual or threatened damage to the environment, agency costs by investigation, personal injury or death, or damage to property, due to a release, alleged release, or improper handling by Contractor of Hazardous Waste, Biomedical Waste, Biological Waste, infectious waste or Sludge, regardless of the merits of the claim. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractor's duty to indemnify the County, but only to the extent of negligence of the County or such third 66 of 71 ".__.~-, ._,,_..,,_....~...._.. IDA party. For the purpose of this Section 37, the term "County" shall be deemed to include the County Commissioners and the County's agents, employees and affiliates. For purposes of this indemnification, "claims" shall mean and include all obligations, actual and consequential damages, and costs reasonably incurred in the defense of any claim against the County, including, but not limited to, reasonable accountants', attorneys', attorney assistants' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable in its sole discretion. This indemnity shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. 38 Employee Status Persons employed by the Contractor in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the County's officers and employees, either by operation of law or by the County's actions. 39 Severability If any portion of this Agreement is declared invalid, illegal, void or unenforceable, such portion shall be considered severable, and the remaining portions shall not be affected, but will remain in full force and effect. This Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had never been contained herein. 40 Force Majeure 40.1 Inability to Perform Except for any payment obligation by either party, if the County or Contractor is unable to perform, or is delayed in its performance of any of its obligations under this Agreement by reason of any event of force majeure, such inability or delay shall be excused at any time during which compliance is prevented by such event and during such period thereafter as may be reasonably necessary for the County or Contractor to correct the adverse effect of such event of force majeure. 40.2 Events of Force Majeure An event of "force majeure" shall mean the following events or circumstances to the extent that they delay the County or Contractor from performing any of its obligations (other than payment obligation) under this Agreement: 40.2.1 An Act of God, tornado, hurricane, flood, fire, explosion (except those caused by negligence of Contractor, its agents, and assign), landslide, earthquake, epidemic, and extremely abnormal and excessively inclement weather. 40.2.2 Acts of public enemy, acts of war, terrorism, insurrection, riots, civil disturbances, or national or international calamities. 40.2.3 Suspension, termination or interruption of utilities necessary to the Contractor's operation or duties under this Agreement. 67 of 71 --.- .. - ...^~~. - IDA 40.2.4 Any act, event, or condition which is determined by mutual agreement of the County and the Contractor to be of the same general type as the events of force majeure identified in the preceding paragraphs. 40.2.5 Labor disputes, labor shortages, changing economic conditions, and the economic hardship of the Contractor shall not be considered an event of force majeure. 40.3 Written Notification To be entitled to the benefit of this Section 40, a party claiming an event of force majeure shall give prompt written notice to the other party, specifying in detail the event of force majeure, and diligently proceed to correct the adverse effect of any force majeure. The parties agree that, as to this Section 40, time is of the essence. 41 Governing Law and Venue The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of the parties of this Agreement and shall govern the interpretation of this Agreement. Any and all legal actions necessary to enforce this Agreement shall be held and maintained solely in Collier County, Florida. 42 Modification to the Agreement This Agreement constitutes the entire Agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto. 42.1 County Power to Modifv The Board shall have the power to make changes in this Agreement relative to the scope and methods of providing Collection Services, when the Board deems it necessary and desirable for the public welfare. The Director shall give the Contractor notice of any proposed change and an opportunity to be heard concerning any relevant matters. The County and Contractor agree to enter into good faith negotiations to modify this Agreement and the Rates, as necessary. The scope and method of providing Collection Services, as referenced herein, shall be liberally construed to include, but not limited to the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. 42.2 ChanQes in Law The County and the Contractor understand and agree that changes in the Applicable Laws may require changes or modifications in some of the conditions or obligations of this Agreement. In the event any future change in any Applicable Law materially alters the obligations of the Contractor or the County, then the provisions and Rates in this Agreement may need to be modified. The County and Contractor agree to enter into good faith negotiations regarding modifications to this Agreement, which may be required in order to implement changes in the interest of the public welfare or due to a change in law. 68 of 71 ".-.---'-'--- -"-,.,"-. "",.,,__...--...w;. ---~."~"""'" ., IDA 43 Independent Contractor When performing the activities required by this Agreement, the Contractor will be acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venturer or associate of the County. Neither the Contractor nor any if its employees, officers, agents or subcontractors shall represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of the County. The Contractor shall have no authority to bind the County to any agreement or contract. 44 All Prior Agreements Superseded This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. This Agreement shall supercede all prior agreements between the parties regarding the matters addressed herein. 45 Headings Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 46 Su rvivability Any term, condition, covenant, or obligation which requires performance by a party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. 47 Fair Dealing The Contractor declares and warrants that the Contractor enters into the Agreement without reliance on or engaging in any collusion, bribery or fraud, that all of the Contractor's representations in this Agreement are made fairly and in good faith, and that no County Commission member, County officer, or County employee, directly or indirectly owns more than 1 % of the total assets or capital stock of the Contractor, nor will any such person directly or indirectly benefit by more than 1 % from the profits or emoluments of this Agreement, nor has the Contractor provided any gift to any such person or their family. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract and the Contractor has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other compensation contingent upon or resulting from the award or making of this contract. Further, the Contractor declares and warrants that the Contractor is not subject to the restrictions in Sections 287.133 and 287.134, Florida Statutes, for a public entity crime. 69 of 71 ,- -'-"-"'~- ---- , . .--, ~".~.",~ IDA 48 Sovereign Immunity Nothing in this Agreement shall be interpreted or construed to mean that the County waives its common law sovereign immunity or the limits on liability set forth in 768.28, Florida Statutes. 49 Construction of Agreement Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the party that physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Agreement. 50 Terms Generally Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms, and the singular shall include the plural and vice versa. Unless otherwise specifically noted, the words "include," and "including" as used herein shall be deemed to be followed by the phrase "without limitation." The words "agree," "consent," and "approval" as used herein shall be deemed to be followed by the phrase "which shall not be unreasonably withheld or delayed", except as specifically noted. Words or phrases which are defined herein by reference to a statute, rule or regulation shall have the meaning ascribed to such word or phrases as of the Effective Date, without regard to subsequent changes in such statutes, rules or regulations, except where this Agreement expressly provides otherwise. The word "shall" is always mandatory and not merely discretionary. 51 Remedies Not Exclusive The remedies specified in this Agreement shall supplement, and not be in lieu of, any other remedies provided at law or in equity. The payment of any liquidated damages by the Contractor shall not constitute a defense for the Contractor, nor an election of remedies by the County, nor serve as the basis for a claim of estoppel against the County, nor prevent the County from terminating this Agreement. The County's decision to refrain from assessing liquidated damages, or suspending or terminating this Agreement, or seeking any other relief from any failure in the Contractor's performance, shall not constitute a waiver of the County's right to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by the Contractor. No remedy conferred by this Agreement is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 70 of 71 .--.-.. -."--'-"" lOA IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: COLLIER COUNTY by the Chair of the Board of County Commissioners, duly authorized to execute same, and IMMOKALEE DISPOSAL COMPANY, INC., by and through its President, duly authorized to execute same. DATED: J-~ JOJ gODS BOARD OF COUNTY COMMISSIONERS OF . IC';"' .. ATTEST: ..... , COLLIER COUNTY, FLORIDA - '." .'-~~" ~.. ·~"I;ì ......-.~. qWt~H.I~F:,;'~RO~~" ct,ert\ ~.' : ~ , '~ ~ /:.'~¡:~ -, : -;, 'I ; '; , ~o~}:i: By: leg~ ~ . ~ Rob rt N. ac ,/ Assistant County Attorney (1) . ~ø~ IMMOKALEE DISPOSAL COMPANY, INC. Sign tur a Florida corporation IJ/#K"61f ~ e 1 ¡;!o?( tdT Printed/Typed Name B~d ~~ J/ , " ./. I./,,~ (2) , 1 w...d (À.. l.Ji. C[¿1:./, Signature S gnature L .) ¿"'CLfí} "?-ee Celli5;; . ,v1 d ,~ l' D / It.1 '\ Printed/Typed Name Printed/Typed Name ÙIÚ1- ?"e ':>Idf:'n 1- Printed/Typed Title Item# ~ ~~~da 1. -8 -oS' (corporate seal) 2/1/05 71 of 71 .--~-_.._---"'"'~~. ...... ....-.." .,-,.~.,.,,,.-~-,,,,- 111'1'" -...-." --. IDA EXHIBIT I{A) RATES FOR RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Annual Residential Collection Service Rate (effective October 1, 2005) = $82.38 Rates for Commercial Collection Service* BULK CONTAINER RATES SERVICE YEAR 10/1/04 - 9/30/05 SIZE OF FREQUENCY EXTRA CONTAINER (COLLECTIONS RATES CONTAINER CUBIC YARDS PER WEEK $ PER MONTH SERVICE 2 1 $ 60.30 2 2 $ 117.92 2 3 $ 147.39 $21.36 2 4 $ 180.88 PER PICK-UP 2 5 $ 207.67 2 6 $ 227.78 4 1 $ 93.83 4 2 $ 174.20 4 3 $ 247.86 $42.67 4 4 $ 314.83 PER PICK-UP 4 5 $375.13 4 6 $ 428.73 6 1 $ 167.48 6 2 $ 247.86 6 3 $ 321.54 $64.01 6 4 $ 388.53 PER PICK-UP 6 5 $ 448.82 6 6 $ 502.39 *Commercial Rates shall be established annually pursuant to Collier County Ordinance No. 84-31. 1 of 1 ~~,~-_...,- .._-".,'.__.,~-~."""""'-"'-'-"-'"---''''' __'....N__"'_' ._---~_._.. lOA EXHIBIT I(B) RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Service Rates for Service Residential Curbside Customers In yard service for non-handicap $60 per uniUyear Extra pick-up service $50 plus $5 for each bulk item (white goods) Commercial Customers Extra pick-up service Same as routine collection service in Exhibit I(A) Unlocking & locking gates $10 per month Exchanging container for a different size if more than 2 times a year $35 per occurrence Lock bar set up $10 per month Replacement for damaged bar $50 per bar Lock for containers $10 per lock Pressure washing containers $40 per container Pressure washing roll-off compactor $150 per container Re-Iocating customer owned containers $25 per occurrence Maintenance of customer owned containers $50 per hour plus all parts @ cost Collection of bulk items and white goods $10 first item, $5 each additional item Re-instatement fee (i.e., returning container(s) after service stopped) $67 *Supplemental Collection Service Rates are subject to annual CPI adjustment 1 of 1 .-. ~~- ,",..~~"_..." ,..------.,......... .... --",.._.~~~-_..~-_.._~-_._- lOA EXHIBIT II PROCEDURE FOR CALCULATING ADJUSTMENTS TO RESIDENTIAL AND COMMERCIAL RATES Collier County shall calculate the residential and commercial Collection and disposal Rates, based on the following formulae: A. Residential Rates 1. Initial Residential Rate [See Exhibit I(A)] 2. Adjustments to Residential Rate after first Agreement Year New Rate per household for upcoming Agreement Year = Current Rate per household X 70% of CPI [see description for CPI in Section 27] + current Rate per household Hvpothetical Example New Rate for single family residential Customers = $100 X (70% of 2.2851 %) + $100.00 = $101.59 B. Commercial Rates 1. Effective October 1, 2005, the Commercial Collection Rate [See Exhibit I (A)] shall be adjusted to reflect 100% of the change in the CPI, pursuant to the provisions of the County's Solid Waste Collection Service Agreement (dated September 11, 1990), as amended, with the Contractor. Initial Rate per container per frequency of Collection = Initial Rate per container per frequency of Collection X 100% of CPI [see description for CPI in Section 27] + initial Rate per container per frequency of Collection Hvpothetical Example 4 yard container collected twice per week = $140.00 X (100% of 2.2851%) + $140.00 = $143.20 1 of 2 -- "'""-_.....- '"-',"" -.,.... 10 Pi 2. Adjustments to Commercial Collection Rate after first Agreement Year New Rate per container per frequency of Collection = Current Rate per container per frequency of Collection X 70% of CPI [see description for CPI in Section 27] + current Rate per container per frequency of Collection Hvpothetical Example 4 yard container collected twice per week = $150.00 X (70% of 2.2851%) + $150.00 = $152.40 3. Commercial Disposal Rate [To be established annually pursuant to Collier County Ordinance No. 84-31] 4. Conversion Factors (a) Uncompacted Garbage and Rubbish: 0.055 tons per cubic yard or 1 cubic yard = 110 Ibs. (b) Compacted Garbage and Rubbish: 0.1725 tons per cubic yard or 1 cubic yard = 345 Ibs. (c) One month = 4.33 weeks 5. Adjustment to commercial disposal Rate after a change in the Tipping Fee New monthly disposal Rate for each container size per frequency of Collection = Size (per cubic yard) of container X frequency of Collection per week X 4.33 (i.e., weeks in a month) X new Tipping Fee Hvpothetical Example The new monthly disposal Rate for a 4 yard container (uncompacted) collected twice per week = 0.055 tons per cubic yard X 4 cubic yards X 2 collections per week X 4.33 weeks per month X $35.00 = $66.68 20f2 '--"^" ,-_."" "_._~"....~,.,,>.,..,..,,,..,""- --~,. ----~"--~-._.- lOA EXHIBIT III(A) SERVICE AREA LEGAL DESCRIPTION SOLID WASTE SERVICE DISTRICT I Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier county line and the eastern shoreline of the Gulf of Mexico; thence easterly along said Lee-Collier county line to the northeast comer of Section 12, Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest comer of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6,5,4,3,2 and 1 of Township 47 South, Range 27 East to the northwest comer of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range 28 East, also known as the center line oflmmokalee Road (CR 846); thence east along the north section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast comer of Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast comer of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast comer of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast comer of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast comer of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast comer of Township 53 South and Range 34 East, also being known as the Collier-Miami-Dade county line; thence south along said county line to the southeast comer of Section 36, Township 53 South, Range 34 East, also being known as the Collier-Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. 1 of 1 ~-~,--~-~."_.",,,._,-,->_." .' --~, lor·, EXHIBIT III(B) SERVICE AREA LEGAL DESCRIPTION SOLID WASTE SERVICE DISTRICT II Beginning at the northwest comer of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier-Lee county line also the township line to the northeast comer of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also the range line to the northwest comer of Township 46 South, Range 28 East; thence east along the Collier-Hendry county line also the township line for Townships 45 and 46 South to the northeast comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast comer of Township 48 South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the southwest comer of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest comer of Section 19, Township 47 South, Range 29 East; also being known as the center line of Immokalee Road (CR 846); thence west along the south line of Sections 24, 23,22,21,20 and 19 of Township 47 South, Range 28 East to the southeast comer of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast comer of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest comer of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest comer of Township 47 South, Range 27 East, being the Point of Beginning. 1 of 1 _. 1 0 A EXHIBIT IV MAP OF SERVICE DISTRICTS I AND II ~ Collier County, Florida ~""'P¡S'I1IpW"'labIoICCJ:TØIej¡:aüc¡,trn.kn_lliI A~~Ha.... ~bt:.an1oØOOlfW1I'Id......dotØ::kntlrh.s.l8d~ CZZJ ~s*t1 Waste Management Dletrlcte ~;a:l.~j~~,~IRII';:;"~~~ '(:QIJCanY~"Ubl.u._ ThisilrDU~nai:J r:::::::::I P~12 IWji157 irlobR.....udBgn. GIS SCÐti:on . .. . . .. . dVlQl<:IIPE"_IIiLm;rnUr.JTlld J~tDn r-.:hoobgyo.p¡rinrK'lt OISAnII)'StQ.N:lus O"'U!405 1 of 1 - . ..~- _.._,,_..~~. . _e',__ .~~_...-.- IDA EXHIBIT V{A) PERFORMANCE BOND FOR FRANCHISE AGREEMENT CONTRACTOR (PRINCIPAL) COMPANY (LEGAL NAME): Immokalee Disposal Company, Inc. PRINCIPAL BUSINESS ADDRESS: TELEPHONE NUMBER: SURETY COMPANY (LEGAL NAME): PRINCIPAL BUSINESS ADDRESS (No PO Box): TELEPHONE NUMBER: OWNER (OBLIGEE) NAME: Collier County Board of County Commissioners PRINCIPAL BUSINESS ADDRESS: 3301 Tamiami Trail, Naples, Florida 34112 TELEPHONE NUMBER: (239) 774-8097 CONTRACT DETAILS DATE EXECUTED: AMOUNT: GENERAL DESCRIPTION: Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services\ BOND BOND NUMBER: DATE: AMOUNT: KNOW ALL MEN BY THESE PRESENTS: That Principal, hereinafter called Contractor, and Surety, as identified above, are bound to the Board of County Commissioners of Collier County, Florida, as Obligee, hereinafter called the County, in the amount identified above, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. 1 of 2 ,-,~,_.~ --- H_···__·'__'__ - ....~.~>_._~"....- ~'--'~"'._-~--'-'-- ...-----"" ,~. lOA WHEREAS, Contractor has by written agreement entered into a contract, identified above, with County, which contract documents are by reference made a part hereof, and for the purposes of this Bond are hereafter referred to as the "Contracf'; THE CONDITION OF THIS BOND is that if Contractor: 1. performs the Contract between Contractor and County, at the times and in the manner prescribed in the Contract; and 2. pays County all losses, damages, including liquidated damages and damages caused by delay, expenses, costs and attorneys fees including appellate proceedings, that County sustains as a result of default by Contractor under the Contract; and 3. performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and is declared by County to be, in default under the Contract, and County having performed County's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. complete the Contract in accordance with its terms and conditions; or 2. obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if County elects, upon determination by County and Surety jointly of the lowest responsible bidder, arrange for a contract between such Bidder and County, and make available as work progresses sufficient funds, paid to County, to pay the cost of completion and other costs and damages for which the Surety may be liable hereunder. No right of action shall accrue on this bond to or for the use of any person of corporation other than the County named herein. The surety hereby waives notice of, and agrees that any changes in or under the Contract, and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this bond. Signed and sealed this day of ,2005 CONTRACTOR (PRINCIPAL) SIGNATURE: CORPORATE SEAL PRINTED NAME AND TITLE: SURETY SIGNATURE: SEAL PRINTED NAME AND TITLE: ATTORNEY IN FACT 2 of 2 ..------ --' ,-~.~ ~_.~._,._.,--,.~.......,~-~..~..--.-.. IDA EXHIBIT V(B} PROCEDURE FOR CALCULATING PERFORMANCE BOND REQUIREMENT 1. The annual Performance Bond due to the County from the Contractor is calculated as: One half the annual value of the Residential Collection Service authorized under the Agreement = Performance Bond Required 2. Sample Calculation of the Performance Bond requirement Hypothetical 1st Year Annual Residential Collection Service Cost $6,500,000 Times 50% X 50% Annual Performance Bond Requirement = $3,250,000 1 of 1 .-- --'-'---- . -_."~ -,----""_.....~.. --. IDA EXHIBIT VI MATERIALS ACCEPTANCE PROTOCOL Steel and Tin Cans Includes steel, tin and aerosol cans, bi-metal containers, and lids composed primarily of whole iron or steel. Paper labels are acceptable. Aerosol cans containing household hazardous waste are not acceptable. Aluminum Includes aluminum beverage containers, food trays without food residue, sheets and flexible containers. Glass Clear (flint), brown (amber) and green food and beverage jars and bottles. Paper labels on glass containers are acceptable. Metal lids should be removed and included. PET Plastics (SPI code No.1) Examples include but are not limited to: Plastic soft drink, water, sports drink, beer, mouthwash, catsup and salad dressing bottles. Peanut butter, pickle, jelly and jam jars. Ovenable prepared food trays. HDPE Plastics (SPI code No.2) Examples include but are not limited to: Milk, water, juice, cosmetic, shampoo, dish and laundry detergent bottles, yogurt and margarine tubs, grocery, trash and retail bags. Motor oil bottles are not acceptable. V Plastics (SPI code No.3) Examples include but are not limited to: PVC products such as clear food and non-food packaging. LDPE Plastics (SPI code No.4) Examples include but are not limited to: Dry cleaning, bread and frozen food bags, squeezable bottles (e.g., honey, mustard). PP Plastics (SPI code No.5) Examples include but are not limited to: Catsup bottles, yogurt containers, margarine tubs, and medicine bottles. PS Plastics (SPI code No.6) Examples include but are not limited to: Compact disc jackets, food service applications, grocery store meat trays, egg cartons, aspirin bottles, cups, plates, and cutlery. Other Plastics (SPI Code No.7) Examples include but are not limited to: Three and five gallon reusable water bottles, some citrus juice and catsup bottles. 1 of 2 -.-,.'. -..---.".^, "....,.".- '"-'" ,,-."-",,---- lOA Preparation of plastics, glass and metal containers: Remove organics, other contents and plastic caps, but the inclusion of organics, caps, rings, and labels will not be reason for rejection of Program Recyclables. Paper Recyclables Paper Recyclables consist of the following materials, commingled together, except aged, yellowed, or sunburned paper or water saturated paper. ONP All loose or bagged newsprint is acceptable, including all paper which is distributed with or as part of general circulation newspapers. OCC All loose or bagged old corrugated cardboard containers that are flattened and either cut down or folded to size, no more than 3 feet by 3 feet. Staples and tape with water-soluble glues do not have to be removed. Wax-coated corrugated cardboard is not acceptable. Paper Bags All loose or bagged paper sacks. May be used to hold mixed paper. Chipboard/Fiberboard/Paperboard All product packaging materials, such as cereal boxes, packaged food boxes, shoe boxes, and small manufactured item packaging. Telephone Books Old telephone directories. Magazines Old magazines, including small catalogs and similar printed material with glossy pages. Mixed Paper Mixed paper, including shredded paper, including but not limited to the following: junk mail; high- grade paper; white and colored ledger; copier paper; office paper; laser printer paper; computer paper, including continuous-formed perforated white bond or green bar paper; book paper; cotton fiber content paper; duplicator paper; form bond; manifold business forms; mimeo paper; note pad paper (no backing); loose leaf fillers; stationery; writing paper; paper envelopes; carbon less (NCR) paper; tabulating cards; facsimile paper; and manila folders. Paper with metallic, carbon, ammonia or non-soluble glue is not acceptable. 20f2 ----- "---."'-'.~'" -- .~. lOA EXHIBIT VII MONTHL Y RESIDENTIAL COLLECTION TONNAGE Provided below are the average tonnages per month of residential solid waste, yard waste, tires, and white goods collected in Service District I and Service District II. Tonnages are an average of 4 fiscal years (FY2000/0 1, 2001/02, 2002/03, and 2003/04. Service District I Month Solid Waste Yard Trash Tires Each White Goods Tonnage Tonnage Tonnage October 6,905 941 274 108 November 6,959 866 217 108 December 7,541 617 272 107 January 8,062 799 289 125 February 7,050 758 290 119 March 7,930 962 415 128 April 7,731 1,070 390 116 May 7,621 1,015 361 119 June 7,069 894 323 110 July 7,328 958 363 122 August 7,363 1,078 235 115 September 6,963 1,039 241 109 District II Month Solid Waste Yard Trash Tires Each White Goods Tonnage Tonnage Tonnage October 578 37 350 26 November 580 26 260 26 1 of 2 -.,-- -~--,-- - _._-"._~-- ---,,-~ .- IDA December 692 18 352 25 January 699 24 400 31 February 637 28 304 25 March 697 33 277 27 April 716 31 390 23 May 774 27 254 22 June 700 32 433 29 July 643 32 301 29 August 631 29 247 29 September 608 35 332 25 20f2 ,~_._'-- _"__H"_'___'"'" ._. .~""'-<----,,~~,.- ,_. -~,"--,..<~~ .'.---- lOA EXHIBIT VIII COLLIER COUNTY VISION, MISSION, AND VALUES 1. Vision Statement: To successfully develop a fully integrated, customer strategically aligned objective organization through comprehensive optimization with the goal to provide the best value service possible. focused, resource 2. Mission Statement: For our Collier County Public Utilities customers - Provide effective, efficient, responsive, reliable and high-quality utility services that exceed expectations. 2.a Priorities: Stay in regulatory compliance - always. Meet the demand with reliability. Take care of our customers. Build the team. 3. Collier County Public Utilities Business Basics: a) We are a 100% reimbursable, project funded enterprise organization. Our salaries are paid directly by our customers. No Customers = No Work = No Job. b) Safety is non-negotiable. c) We will not compromise quality. What we do, we will do well. d) Teamwork is essential in all we do. e) Utilizing active listening, we will always seek first to understand the customer's needs and concerns, and then aggressively seek a solution. 1 of 1 ',':)!8ase ,-efer cCJ'SteD One: ':::olT'!:Jletion :::;f the ~'ansrr¡ttal Form" for cJirec::cns :¡ JCperly ':;olììpiet:ng this ~:;:n1 . !. Program Information :See orogram ::::at8,:::orl iist inciucleCi in "Steo One' :;7 ~~s r'¡struCÌlons¡, County anel State Collier County, Florida Prograrr, Ti'ie Disaster Resnonse Uni ts Program Caegor¡ Emergency Hanapement and Resnonse II. Contact Information ~Iame Dan E. Summers litie Director, Bureau of Emergency Services Deoartment Call ier Coun ty ~mer r;ency Management Dena rtP1cn t ",ddress 3301 East TamiaJ'1i 'rrail Address '::;ity/StateiZip Napl es, FL 34112 -slepnone ( 2 3 9) 774 - 8000 F~ (239) 775-5008 t:ri'ail dansummers@co1lierpov .net '] (8S! Please add me to NACo's Peer to Pesr f\Jetwork :See Reverse) , i:..: County Attorney>'-:...··· . /.-;. T .. ,~ , . _ - "-,-.~ . . . ." ';.- AT,ESf. ,.(,'q,!(), '. ,,'. "" DW I Gi-n frt*6CK-, ~ CLERk , þ .. - IV. Payment: Please choose one of two pay , . , " '~, , . ~ Payment Option 1 Att"r,.i'S t<iCna->'rtiaÌ1" S- ~ Check Check Number: s1ga¡t..r· '0..1 ..¡ ..".... ..J Money Order Mone'! Order Number: "'" }!,jnJ ~ 1"',\" :J Credit Card Credit Carel TlOe: :¡ Visa .J ~iiastercard Credit Carcll'Jumber Exoiration Date ,\Jame of Carciilole!e,' A.uthorized SiQlìatUi'e '1 . - .." ~C' 'i elTce:' :-'3e ;:,;::;.j .~ J \lcr-ivI8mber Fae 81 ::C ')____ Item # Payment Option :2 ~~~;da 2- -R - ö5 :J \/oucher "/oucher ~'un¡oer: .J p, 'I"~hase nrcJer Plr~hase ¡),'rI¡:w ¡'It '1"1">"" Date 2. 8 0<:- . '-' '--' - '-'" v . _' 1...."11 --'1'_,-,1 j' ..1 ,,'j "-- _ ... .J Rec'd "W',",Cse,so ' ~~ ('(} ·'\.j1f-..r.....,_ì\,',ç.',"lìrìAr !=ce ~1 ¡ " '"'., ~ ' '" .; ~ ,.~ ~ ,~-". . ~ ~ uty lerk " '. ' ..., ~ "/ ~ _.-.,~~ _..._---_..,-~..-., -_. 11. Contac1:lnformation The person named on the transmittal form should be the primary contact for this program. All correspondence and communication about the program will be directed to this person. It is important that this person be knowledgeable about the program, should questions about the application arise. Aclclitionally, if the nominated program is being submitted on behalf of two or more county depart- ¡-:lents, a contact for each department should be included; however, correspondence regarding tile oiagram \¡\Jill only be directed to the first two persons listed. 'n tile event that an application is being submitted on behalf of two or more counties, contacts for each county must be included. Corresoondence regarding the application will be sent to each county contact listed. Indivlcluai(s) listed on the transmittal form will be notified in June regarding the judges' decision on the application. If a nominated orogram is selected for an Achievement Award, notice will also be given to the county's Chief Elected Official. Certificates for winning programs will accompany tne ~lotlficatlon letters. Both the submitting individual(s) and the chief elected official will receive a CODy of the certificate. Additional copies of the certificate, as well as commemorative items, will IJe available through mail-order: oreler forms will be mailed with the announcement of an award. i'-IACo i1as a peer to peer network to promote the sharing of information among county govern- nlent professionals and we invite you to be a part of it. NACo seeks professionals in a wide vari- 9ty Jf fields. 010t only '/Vill others benefit from your experience, but this will be an opportunity for IOL; to !eam from tileir 8xperiences as well. Both seasonèd professionals and those new to the ~ìeici de 'Ne!come to join. If you are interested in joining, please check the box on the transmittal f:)rr;'. and ~omplete the entire reverse side. (As this information will be directed to another staff :::e:-scm. olease provide us 'Nlth 'lour entire contact information again). We encourage you, as well -'is ·Cl..r-::cworkers. :0 loin. (Please feel free to copy and distribute this form). 11 "';"'~'"'i~h'.è"'~ .....: i""h'"'::l ... dOff " j '" .,) ":;\" ë:h,.~ ,...1 .....j. J EH_. ec..e ICla "IAC) ¡-aquires t!lar 'lour county's Chief Elected Official (i,e., elected county executive, board chain èIÇH: ~2,C:~ .molicatlon. Please be aware that you Ileed to plan ahead and allow sufficient time -)C êt"s / J)e :101'811 ;JrcJer ~O Illeet apolicatioll deadlines. In many counties, the submission of -.:::~e·81'-'em.0.,\Nan] soolicatiollS is centralized, so It may be to your benefit to contact your chief 3e:::'-:'~1f!c:lai 's)tfice "/811 cttleaci ot the ,jeadline. - -..---.-------- .~._. ------ r f) ~5A ~,~ ¡:" .") ;,;';,~:,: ~ ',::¡ .. " ,~t ~f~4 Achievement Award ,~ . . rogra m '" "." :lf~~~~ .;-k '1~~; ';:i;~¡:~{;t;yr 'Ç.':...._~ What is the Achievement Award Program? :H,,:J Begun in 1970. the Achievement Award Program is a non-competitive awards pro- ?,' gram '¡'v'nich seeks to recognize innovative county government programs, Results are ,4) "1"Bm~ announced by mail in early June. )';~ ."""" , \ Who is eligible to submit applications? '-"£.;;:;/ Only count; governments and state associations of counties are eligible to submit applications, .~ There is no limit to the number of applications county governments or state association of coun- .~ .- ties can submit. ~ ,- ~ "\- ¡ ..'::¡' What are the eligibility standards? '''Ii ; ¡ð.,1I aoplicaticns must comply with the four following standards: .~ 1 'w , '- j. The program must have become operational after January 1,2001, and must have ,~ , "d measurable results, -- ',..,..i ,ii!Ift 2. Count;! officials and/or staff. as part of their official duties. must have played a significant role in ..... ;~ :ieveiooing and implementing the program, with only limited assistance from outside tech~ical \ '.,., ~ experts and/or consultants. I "~ ø· >, ), Ali steos ilì the application process must be completed and all application fees must be caic! in fuil. ~~ .!t;,:'~ _.J +, Tiìe crogram must meet the criteria outlined below, '~IJ ~ .~ What are the program criteria? ,;r= -"'" The nominated program must Illeet the following criteria: ¡".,...; ;; ;)fi"'~ -,~ j. It iìlust cia one or Illore of the following: "j 1 >1D1t?'A , Offer a new sel,;ice to county residents, fill gaps in the availability of existing seNices, or tap new r'eV8nue sources: " Immolf8 ,he administration or enhance the cost effectiveness of an existing count government orogralll: ; ) UO']I':=tc:e toe wOl'king conditions or ievel of training for county employees; ~ Elil'"U,CS 'heevel of citizen participation in, or the understanding of, government programs; ~ :::O:'c'ii,:le:,t:xiliation 'Nhich facilitates effective public policy makíng; or ,) P~'(,:l'0l3 :'Tergolferrllllemal cooperation and coordination in addressing shared problems. ~ _,nile -Else::; a program that is ii, response to a federal or state law, regulation. or order. the X:Y::,"?c:;- ':ìUSlJO beyond mere compliance with the statute, regulation or order, and must , =.:"earjI/8 aporoacn to meeting those requirements. .- .:",' rm.lsi '>\1/8 yocuced measurable îesults (e,g. cost savings. enhanced 81'floiovee . ,-'I -':",8': ::;nSTi~uenr set"vice, created better intergovernmental cooperation!.' , ~.- - i-;'S '~j('~fJratl-' :~S~ :~S ·--':-'~~"I·?.F/2 ;:L~~__; '~0-~ -~: ¡, ¡he ",",,~.-;, ,-,.".- ,1,- -,G~_·UI---::::,- '-;-'~:H ='_:~3'=:c.m'T~cr~ -= :"",?_'=::,~~::3 in ¡-'!OS'~ __ --:::'_:n1.SS -~T~¡miiar ccouiat:c·r-';;Z"~. .:t3CSCTS CT ~:-,e \__¡(;={:r?d-~'-nu,3t :=;:-3 '~:-=,nSi,~~:_-:-i~:[ ''//ith ·'''-.r.,-,''''..-, -' ' C:L i'~, ::-.1 11.:U;S/Jernent :~iT=1 !-ni.;S~ ~~.':~'J~"-IC~~:: '_.is(:8ral -:'-~.." """ "' , ., -+~, ~ , ~ _) I :.=:' '~;~"":: ,.',j ¡,- ::¿ {J ~ .,':; "-.,. .. ;~:es¡;~¡r"'s"~': ~~ f~ ',_i::r' ,...:.~' c-:'\¡'¡ ,:::.., ~:.:- (=::=;(~i~ica~!cn :=.\r EtC2(3C¡t3Ti'~)i---ì :'~TCCJ; c¡ ,-.- ',:: :;'-'~~<jra' ':3 !t-:8L ::u g ¿"LCJCCHSG. /¡n:'=',:e 'n :~ET~. TCjril ~l.nC1:-:8( '-'<I i!Ji:~ :-;,.' [either /iT,(;i8 ,¡'f SUiJS=êl('-=¡;:~i ':'2:--· TL1~ ::;:r·/:~ (SCSi /2C - -.:..=:: !S\/"-=::f'~_ë-:r:~ --:','·,'\idr'.j: 3nO .1 that i;':'lr~)I\.js JT,8r~~\' ~h~ '3.:J~"="""ìaI:'~·,: ';f ':1 í!___:nctn'-:, "-;8 ii¡Z~:.::(~r: '01.,'·,' I-~. / :ne 1-~cr::~,[:':_¡C:',:~:I'~ì =- ~jìe -:;!( 1,:t.;,S -:~'r ëj:aff, "~e ::ir- '''r-=,;,:,-f ~tcciiticnal 313~, ~i~s ,~c;r(Jrj(:=:~ ::!.-:~;'''=J~i ~C:~. i:-:; -' ~. ~=)i-:'ln¡lnee, :-::~.:: ~~I_¡c,¡icat!on I:f ':3. i>3\.VS¡eU8(, -lì;~ '~!-:', :~:,=:.-; ~ .,r '''':; ;:"lL)c:!:caucr' fecsr":u CT '~L:l[S i: ~-~D ONE ~] tJ -" ~ f_ ~ .. -~~~~ (::' ~\~ ~. -'-" ........~... - ; ,... i~' . ~"; J ....~" 1" .. .,.~ ~ ..... -v ~ ' ::::,r--;iDieted tr3nsrTÎ¡t~al -!)nll ¡-iiU,31 -.,~ '·1(:;(_,[=;8;: :\/1[[' :--j\/sr\' '~c)n~l!r:,~=-t[;_~~C! :~,(- - , " ;':-::-':3; :~¡tt2j fo(m íila\ :=;8 'UIl:.':: - r~_~jC¡(3¡l'I' ...orr:uk-jt2 "--'l::; - t ,"-:::~j ;2."'- :: 1 .It in ,;¡::lopiic3t¡C¡; ~:=." jS':]Uél¡:7k::d~L~ .:)1"::;:3,::~ -'liO\',\/ :~¡~ . IJL:int?d -'--:'-':~~¡ ~iI-8':::'~:' ~,¡""s. ..' ~ !'.~:; t"trJ j )' ...... ~.. ~ .. ..'''"....., , '.'~- .~ . .- '.'i -: . t: '~] :' -:] .rr1 . . _"i·:" 1"'; f C- r rn ~¿:~: ,; '.or .: ~ .;':>--" '::;ounty and State: ~!e338 'sc" ,.-; .. 'c-\ur' ~t:~tt6 :t:33:, '=":L?,- - ::"--.. "':""'.1', :n ::h;s ir-;',..=7 .' ;'J\'ogram Title: :"'3 ¡~!e - .,~~-~ -~··:U" "'-;O.r::·r~:::;, :c' :\.:(>2 ~I_,n~·..".-::: ."'8'~!11.3. 3¡~: -'~I :;=:\'81' ·~~r:i. i':)~S; "'3tì:3IT¡ttal ~)nr': , j7j .-,:..~(r:i¡C;-:-1:-':' ~"'~":....::~~~,"':' :~ - c:; =';L;nr,'3 -"' ¿. ~,.',-;~:.-::' :-!aÜ:'~ajl,-; .CC'''::êu' 3 ~ _,C_,__..-. 1'·-=;]"(" "··:...-':.L,-:J'.~:: -~e :~"C<; ~ .", -~le .~~' ._~ i··- ., ,-! ~ ':;, -."...: _I .' ;-?!--~~; ~;¡ -. " .-ct - '-K:::¡-<~~;~" -",. -,,-' L:':':;, - :;¡r-,gram ';ategory: -. 3:?,:3cc :'-ìij-'38 :m e ......::::., . ~,,-::;IU') ~""'::¡', ' ~ ~ ,'~,-' ~~ --:': :-'1 - - 0 -";::as:~ ":J:·3 '-:"'.,-,J,. ,_,,~ -'S~':=;i-n-.:' -::~:\._; ~. ,-........ ~ -I) I (_ ,..,'._ " ,^ ;î8 .~:-:- - ':.~.... ¡ ! -:,;,-,,-, ;':'X!' --" -:....!i -. ':::::r --'-'~,- -. ,In·9 -- ---~"'- -------~..".> ~,.. 15A FJ :_-1 j m <-:; ri t D:¡V:ll6m :~,ust accor-rpany sacn .applicaTion. The quickest way for your application to be pro- :SS36C! ,3 f,x,ou ro pall by check, '11oney order, or credit card (Payment Option 1), Make check :'::3:/aoI8 tc Ine ~m[onal ,"-ssociation of Counties, Please remember to include the check number! '-noney orela; numcer or complete credit card information if you are paying this way, If you are ~Ja\l'ng OJ check, morev order, or credit card, the fee for each application is 850 for a member Jount'l and 8100 fer a non-member county. If you are unsure of your membership status, please :omact jour Chief Elected Official's office. í'Jþ,Co is aware that in some counties all payments have to be made via vouchers/purchase orders ¡Payment Option 2). If this is the case in your county, you must attach the voucherl ourchase order (with the voucher/p.o. number) to the application along with any relevantinstruc- :ions regarding this type of payment. Unless otherwise requested, all correspondence regarding the voucher/purchase order will be directed to the contact person listed on the application. If you 3.re paying by voucher or purchase order, the fee for each application is $60 for a member county and 8110 for a non-member county, If you are unsure of your membership status, please con- tact your Chief Elected Official's office, All applications received without check, money order, credit card information, voucher, or purchase order information will be returned. STEP TWO NCl\'lirjATJON SUMMARY .~ND REQUIRED FORMAT Tile norllination summary must: '9 Be written on no more than seven one-sided typewritten pages. l Be wr:tten in layman's terms. so that the average reader can understand the objectives and judge [he merits of the program, NACo reserves the right to disqualify programs' whose sum- maries are too technical. ,. Be well written. Poorly written applications are subject to disqualification. ;) Have ITleasurable results. NACo reserves the right to disqualify programs that are submitted prematurely and without measurable results. t Have the name of the program, county and state submitting the application on the top of each of summary page. Pages should also be numbered. IIì the summary of the nominated program, the following seven items m.wd be addressed in a number bv number 'ormat. Failure to address any of these items may result in your application's jisqualificaticn. [Suggested page guidelines are provided to assist you in preparing this summary 'Nltnin the !engtn constmint\. 1. Abstract of the Program "ì appr'oxlmately 200 words or less, summarize your program (approximately 114 page). riÖstl'acts ,~f award winning programs will be Dublished, so please be sure that what you have '/!'ittSf1 is c:;omprehensive. but concise. 2. The Problem/Need for the Program 0isCLiSS Te ~xoo¡el1'. need that orompted the development of the program and the county's legal · an\!. to +ake}ction ¡approximately 3/4 page). lSA 3. Description of the Program ;:),-r..' '0- '=;SS,~::CT:cr UiS (ìcn¡i¡1atscj :=,fO'Jr3: ~-:, ;:s_)c:s!~:~, >.~ =:i,;, -~¡rn8 ~'-a;Y-'~ :' 'Î .Î·j ,=¡e\i-;icc¡,-r-,-snt 2.nc: :~r1o¡en"'i8n:8t¡Jn. ::r'!8':::;2n~'3Ie -, ': (':,18 '~!S\,'!:S;i¡(~1 (nC';':::f-:-:sr'"~~f'g ~(¡e :=-rocJr3rn, al~Ci ~~~: ':;Jì-':'-k~¡!_tky; iT .:~n',/. ,::)'f )tr:er -,'Si-:'-~---;;-~ -j, _I, 31?ttS j'-, ·~o' /8(~î :-'-sr~ ,_~~inS_¡ltant3. CIEl!~ì;S:~! s¡ ~ 1-.'-\ . . 4. Use of Technology Jesc:¡ic:s aJi jterns..Jf 18chnoiogy thaT jCl_X !~'roq¡-arn :Jt!lizes jn it::. ;'-(':C:Sí ':::('~S]:Jn. This~')uL~: ¡:CLi'JS ¡!1l~aller, ,(iTernet. '/'Iebsite, GIS.3PS~éìbie, :-;;osl<s. 30.1'NEC·ò. '-..-' I. ///1,f\1. clatatasss, ';:t:; ¡'au "la\) orovide t:-:¡S informaticn in :t list or caragrao;' for:11. Tn:s "'r=)r!-"-'-:~¡:iGn \vH! C)8 :-1SeTUi ;n r¡eioing ì'JACo highlight how big 2\ rO:S :T0rTla(l(~n technology '-'>~?I ,:,¡rOç,Jr.3¡T';:3 ia¡::Droxlmmely . 4- page). 5. The Cost of the Program Describe coth [he operating and cao!t::U~:JSlS ¡:lcurree! in clevelep::'-=: -nolementlng trl':~ orogram ilist all costs tnat wouid ::,e r:CLliTs,j a,:::oL,lll/ attemptinC) '':;':C:lcate elle program! 'approxlrnately3¡'a r.::age to ~ paçJe!. 6. The Results/Success of the Program DrC\!lde êtJescric,t]on of the resuits ane: -he success of the preçjr3rr, "1 Its objectives (C!'~- vide specific exan"ples anel measureI11er"ts cf Ü':at success) lapt)t'o;"n-a[e'i~A to 1 Dagel 7. Worthiness of an Award Give;usUication cor '¡\Ihy this progl'3m ":'s8rSJU¡!lnec! criteria anel :::I~\:;Ii(j :8 al/v'arde!] 2, 2005 Achievement A\lvard (approximareiy ; Ii'. :0 . 2 'jaqe STEP THREE ;;ENDJNG \1 (,d.j R .~i7) :0 ~ 1 (" :.\ ~i- '0 N ( S 'j 1 'r.:fIII.. t·. Ji.1 . ._ .~-#.I J,. \ ~~ ¡ ror eacn IlOlllinateCl program, oaymert anel Ot'IE ceo\l of the transm:Tta!x'11 3nel summary mUST De suomm8C1. f\IACo 'Nelcomes :':Inv additional materials. '.e. 180011s. manuals. \/Ideo:aces. dtC.. 'IOU 'Noulcllike to selld ~n support of your appllc3tlo!ì: ;'O'iV8vm, progr3!1lS are : rl ',ì2 Ilformation provieiec! ,11 me seven page sLlmrlì3l'Y. Please I~ote. upon receipt. dil ".-'\rerials become proo- art! of f\JACo. \:vhich I'8serves the ,c oubiisl, anci dist:-ibute ::r"JC¡~an';ci!~:nlaries ancl c1isplav antnss. For/our ¡"ecor-as. please keep a CO~Y, or jour applleatirJr'. and appllcatlori ,latelia¡S \,viil :lot C)e returnec. I ~ \¡;¡,1 ; . ¡ F''Q if vour countv senl]s all of its aopiìcmiu:s ill om., pac¡~age.;\Ie 3Sf< ::'''ltc, 13t of all tne aoplicat:ons ^~~J:lI oelllÇi sublT¡íttecl be ¡nelucleel Wit:: tile G2CKaçI8. ;;"~,.,,, ~",y Applications should be sent to: ) -2(1'.lð ~Chí9'J¿H'nB i i t .,\'ii ;~~r -;is . ....JaìL:n3J .·Å,.3;?ìC>..:: ¡ C') ~;. ';;.'1.mtìe6 " . ~;~:r~J ~:=t~':J~ <:)();( +'";;J5~::; ~ ! '3a~+·~¡nCït·.::: \1,,) ::.~ ,~....=-~ '..~ ~ ,J>" )f All applications must be postmarked by February 11, 2005 to be Bligible for consider- ation. (Please note: Regular mail is sufficient, as long as applications are postmarked ·.::;~~{1 by February 11. In addition, DO NOT send your applications to NACo headquarters ¡n :C=è:::::'.," Washington, DC. This will only slow the processing of 'Jour apojication). "~;¡_I :~:e,\i'3~n') ,]uesl¡l)ns:_::1bcu[n~s C)¡'c'cess 3clc!iTl0i1ai aopi,c2,- -(';;·'~-':s. jiease ',,~3ìl ·J8se~:::;h Har:s¿ ::1=2 C,,~ - Ô Ó¡ -;33::', ,-+ i-:3¡-¡Sen'ønacc .Ct-,;,!' -['~:::; >L~(::::.' =;;:3.s2=1(·~·- C;I\/i~-)' '1'-) ''-''.'' '--,"",- ~ ,--. \ ~ yi,¡¡Clla¡ ':':-OH':'S .:'.--; J .' - ;)!~ :~::'.~,-"ì 1:-1.-4',., ?IS':_':- .-==; -·'-i:Elit····2,~ --~-,- ~I-:':':" :'~(:\ ,\'t:=:C3i:'::' _. "'-"''"- ~.-. ......~-"_._- 15A Disaster Response Units, (DRU's) Collier County, FL Collier County Emergency Management Department Disaster Response Unit Program " ~ O"lrllllll .f [1IIII11C7 1m1_1 DRU-4 . ..-,.¡#Iv' ~. ,.- .- ~... ,,'1''''-' ~,"'- ~.,-". . . ~.~~~,.¡,;,.,.,..t:t~.- . ..:-~ ',.~. . ~-':r"" .. .- ,-"". , 1. Abstract: Complacency seemed to have been the operative word for our County, as we had not had a major disaster, man-made or natural, since Hurricane Donna in 1960. Up until June of 2003, there seemed to be an unwillingness to commit funding to mitigate, prepare for, respond to, and recover from any type of disaster. Fate intervened when our new County Manager hired Dan Summers as the Director of Emergency Management and he immediately set himself to the task of making Collier County as disaster resistant as possible. One of his very first endeavors was to procure a number of Disaster Response Unit trailers, outfitted with all the necessary supplies and equipment to comfortably support our citizens in times of disaster, evacuation, and 1 -.... "--'~"~--" -~..- .....,. ---..~'. Disaster Response Units, CDRU's) Collier County, FL15 A shelter activation. With the outstanding support of our County Manager and Board of Commissioners, we were able to acquire $250,000 and we definitely put it to good use. We purchased eleven 7' X 16' Disaster Response Unit trailers, fully equipped with back up generators, special needs and regular cots, sleeping mats, blankets, linen, stand up air coolers, fans, and many more essential equipment and supplies. Disasters are defining moments for affected indi viduals and governments, and the efforts put forth to ensure the safety and comfort of our citizens was positively defined during the four hurricanes that devastated all of Florida. The encouraging results received, and the fact that our DRU program instilled a level of confidence in our local government never seen before, merits the award of this prestigious honor. 2. The ProblemlNeed for the Program: Prior to the institution of our DRU program, in the event of evacuation and shelter activation, the County had nothing to offer the citizens in way of comfort, outside communication, or the assurance that everything will be all right. In the past, our initial evacuation message always included the statement to bring "your own pillow and blanket to your designated shelter", For the most part, our re-Iocated public had to sleep on the gymnasium floor. Furthermore, communication to and from the shelters was somewhat restricted, and shelter managers and evacuees had limited communication with our Emergency Operations Center (EOC). Our DRU's are now fully equipped with the comfort necessities of cots, linens, blankets, wash cloths, towels, and sleeping mats. In addition, we have included phones, radios and FAX machines to help increase and open up the lines of communications with other Public '1 .;.. ~---- -..,..- -_. Disaster Response Units, (DRU's) Collier County, FLl 5 A Safety disciplines. This, in turn, helps to relieve the anxiety and apprehension experienced by our evacuees and once again instills the confidence of our people toward their government. 3. Description of the Program: Our primary goals were not only to support our Shelter Managers and our citizens with these pre-deployed trailers, but to also provide our public with the visual awareness that we will support and protect them from any and all disaster related events. Therefore on or about 29 September 2003, we began our plans to purchase our disaster response trailers and fully equip them with the essential supplies and equipment to better serve and protect the citizens of Collier County. The first step in this process was to procure the necessary funding in support of this worthwhile program. The County Commissioners and the County Manager graciously provided $250,000 towards our endeavors and we immediately began a "due diligence" process in finding the right manufacturer for this project and to procure the proper equipment and materials. We surveyed our prime users, the American Red Cross, the Department of Health, and our citizens to determine what would be appropriate to house in our DRU's. We determined that our citizens deserved some creature comforts while being dislocated from their homes; and in regard to the hundreds of "Special Needs" evacuees, it was decided that we would include much needed medical supplies with an emphasis on spare oxygen tanks for oxygen dependent patients. The American Red Cross Shelter Managers were in dire need of evacuee tracking capabilities and communications support (i.e. phones and FAX machines), 3 ~- -.... 'W__ ........~-""'-'_._". Disaster Response Units, (DRU's) Collier County, FL 15A and we were able to fulfill their needs. We started the process in late September and our objective was to have everything in place prior to the beginning of our Hurricane Season of I June 2004. Our staff meticulously researched every item and detail and placed this information in an easy to use Excel Spreadsheet for potential contractors to follow. Once the County selected the manufacturer and the trailers and equipment began to arrive, our team spent countless hours of overtime to test the equipment, distribute and balance the loads, and prepare for the upcoming season. The old adage of "timing is everything" has a very special meaning to the Collier County Department of Emergency Management and more importantly, to the citizen's of Collier County. We finished our final inspection of all II trailers on 10 August, and the first of four Hurricanes; Hurricane Charley hit us on 13 August. Our department spent the better part of 53 straight days deploying our DRU's to the many activated shelters, serving approximately 5,797 individuals. The reward for our tireless efforts was in seeing the faces of our grateful citizens as we passed out hundreds of cots, warm blankets, medical supplies, and many other items designed to take care of our people. 4. Use of Technology: The technological role that is played in our program stems from our Information Technology Department, who assisted us in obtaining the necessary modular phones and Fax machines used in the shelters, in order to enhance all communication efforts. 4 .~----_.........---,. ..'..'--- ,_... 15A Disaster Response Units, (DRU's) Collier County, FL 5. The Cost of the Program" The overall cost of the trailers and all necessary equipment and supplies totaled $250,000. We have archived our entire process to include the Excel Spreadsheets listing all individual items and pricing. In addition, we have all Work Specifications, Request for Proposals and Bid Tabulations readily available for other County's interested in purchasing DRU's. 6. The Results/Successes of the Program Once again, the successes achieved in acquiring our DRU's and implementing our program throughout our County is measured in the hundreds of positive comments and words of gratitude expressed by some of the 5,797 citizens we protected and supported during these times of crisis. Our American Red Cross Chapter and Department of Health were extremely grateful to finally have the right equipment and supplies to properly care for our Special Needs and general population. A potential disaster was diverted two days after Hurricane Charley struck when we received information that four Nursing Homes were without power and that many of the patients were oxygen dependent. We immediately deployed our resources to these homes and provided them with back-up generator power to run their oxygen condensers and nebulizers. Furthermore, we set up air-coolers and fans that helped relieve the intense heat exhaustion and dehydration problems for their elderly and frail patients. To quote one Medical Provider, "Our efforts definitely saved lives today." We also deployed our DRU's outside of Collier County. We sent two fully equipped DRU's to Charlotte County to assist in their recovery efforts. We deployed 5 -, .~._-- . "--,~,--..., . -~~.._-_. .. - ._--~ -.-..--.---- Disaster Response Units, (DRU's) CoIlierCounty, J 5 A a trailer to DeSoto County to be used as a Computer Café, where, ffiM installed five laptop computers designed to assist citizens in acquiring Internet access. Lastly, Lee County requested Law Enforcement support from our County and we deployed one DRU and a mobile Light Tower (purchased under the same program) that proved to be extremely successful. 7. Worthiness of an A ward: There is no one more deserving of this prestigious honor than the men and women of our department, who put many labor-intensive hours into ensuring the comfort and safety of our citizens was always paramount. We had a vision of what we wanted to do for our County and we made it happen. Thankfully, we completed our project with only days to spare before disaster struck. Our reward is simply knowing that we expended our very best efforts to take care of our people and we succeeded with flying colors. On another note, our efforts created a very positive sense of confidence and credibility in our local government. Lastly, to the best of our knowledge, Collier County was the only County to have a program such as ours. However, since the end of hunicane season, we have provided six other counties with all the necessary information to create their own program. We are proud to lead the way and we are very appreciative of your organization in considering our extremely worthwhile program. 6 ~.""". "_,_e .---~- ORIGINAL DOCUMENTS CHECKLIST & ROUTING sL16 A 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper Attach 10 onginal document. Oriyinaj doculi ï1lS ,hould be hand delivercd 10 thc Board Officc. The completed routing <,lip and original documents arc (0 be fonvarde, to tlic Board Office onjy af1(£! the Board has taken ;!Cllon on the item) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routiml: order) 1. 0t1/n dr ,i (/¡)fj /J dmí /). Jifj( - J-eð-- .J/ff/fJ J 2. \ / 3. \1 4. /~ 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. N onnally the primary contact is the person who created/prepared the executive sununary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item.) Name of Primary Staff J _- -t- R CA,) -c,./ ~ Phone Number Contact Llo 3 - ~ 3 é) C) Agenda Date Item was ;) - 8 - 0 5..... Agenda Item Number J ú /J, ~ Approved by the BCC Type of Document ~O L.. Number of Original 17 Attached Documents Attached INSTRUCTIONS & CHECKLIST lIÚtial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (IIÚtial ) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. TIús includes signature pages from ordinances, ¥ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ssibl State Officials.) 2. All handwritten strike-through and revisions have been iIÚtialed by the County Attorney's Nit' Office and all other es exc t the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~ document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's ¿¡P si ture and initials are uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. ídL ¡.I14 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Fonns! County Fonns! BCC Fonns! Original Documents Routing Slip WWS Origina19.oJ.04 - .__._._ ,__._~..,_"."__~<,,,,,,._._",,,,,,...~...,.._ _"";¡'>i;.__"._". ,',""~^",,","','''''''_'' ..,';.,......"~,,"~'..,..,,.. .",_...",.~. ,,_. ._"M>·,','·,...'4'"......,:·"'_·....,",·,_·"·'~"""._,,·.._~,,,··-, '_"""~,.,."'...."',_..._,_"""_._·,_~,.,.....>w._."..>._·,·." ~ *** 3556423 OR: 3731 PG: 3887 *** RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT E. BROCK, CLERK Leonardo Bonanno, Operations Coordinator REC PEE 10.00 Code Enforcement Department COPUS 1.00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THB BOARD (239) 403-2440 INTBROHICB 4TH PLOOR 1 6 A 4 UT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-70 against: CHINNESE M. WINTERS The lien was recorded on 3/06/2002, Official Record Book 2993 Page(s) 3098, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 22, Block 26, Golden Gate, Unit 2, according to the Plat thereof, recorded in plat book 5, page 67 of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2022 Folio: 35749960007 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this Rth day of February , 2005. ATTEST;.."" BOARD OF COUNTY COMMISSIONERS DWIGHTa. 'áRdé:t(,.ç'!erk COLLIER COUNTY, FLORIDA . '. -' - ~., - '.- - . By .. cWfJ,¡Qe By 7v.l-W. ~ ~ ·Att's,t ',I~,tÖ . ¡lffilKY flerk FRED W. COYLE, Chairman "', s 1,gaatw,.. '00 11 Approved as to form í;H'I'cf legal sufficiency --n..'M. ~ Item# ~ ThomasC.Pâlmer Agenda 1.-6 -OS- Assistant County Attorney DateDate :L --9 -íJS- Rec'd ~ *** 3556424 OR: 3731 PG: 3888 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY¡ FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator RBC FBB 10.00 Code Enforcement Department COPUS 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLBRK TO THB BOARD 16A4 (239) 403-2440 INTBROFFICB 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-12 against: BRENT C. AND CYNTHIA A. WALKER The lien was recorded on 02/05/2003, Official Record Book 3212 Page(s) 2433, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Ninety Nine Dollars and Two Cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 49 of Port of the Islands, Phase two, according to the map or plat thereof, recorded in Plat Book 21, Pages 1 through 4, of the Public Records of Collier County, Florida. Cost: $299.02 Reference: 2195 Folio: 68300002986 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment received from Harvey and Lisa Karen, the current property owners, as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this Rth day of Februarv ,2005. ATTEST .. ii"¡' , BOARD OF COUNTY COMMISSIONERS DWIGH~È,I~'êRGtK~;Clerk COLLIER COUNTY, FLORIDA '-:" .> ole " q.. t, ,. . <: , . , By ~W. ~ FRED W. COYLE, Chairman ~ ~ \6l~ Thom s d-: Palmer Assistant County Attorney .,.--..-. *** 3556425 OR: 3731 PG: 3889 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator RBC FBB 10.00 Code Enforcement Department COPIBS 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLBRK TO THE BOARD 16A4 (239) 403-2440 INTEROFFICB 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004-271 against: BONNIE FENTON, 239 Ospreys Landing Unit 206, Naples, FI. 34104 The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1194, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 1, Block 256, Golden Gate, Unit 7, according to the plat thereof of record in Plat Book 5, Pages 135 through 146, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2543 Folio: 36449960005 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment received from Richard Anderson, the current property owner, as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 6th day of F9bruary ,2005. ATTEST"",., '" BOARD OF COUNTY COMMISSIONERS DV\I!~.t'E".c;.Ê'~~.K, Clerk COLLIER COUNTY, FLORIDA . . , .. Oc By ~W. ~ ;..', ·~ttfS.t·~$tQ·,t át¥iPcMtysClerk FRED W. COYLE, Chairma 'I$J~ft~..rf' ðfcl;rr . . App~ .'3 .Q~, to 0.1 and legal sufficiency <..... ,,, IP:0 W~ Thomas C. Palmer Assistant County Attorney -~,.._..- *** 3556426 OR: 3731 PG: 3890 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AK DWIGHT B. BROCK, CLERK Leonardo Bonanno, Operations Coordinator REC FBB 10.00 Code Enforcement Department COPIES 1.00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THE BOARD 16A4 (239) 403-2440 INTEROPFICE 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 98-256 against: JULIO DOMINGUEZ ESTATE JOHN R. DOMINGUEZ, PERSONAL REP. The lien was recorded on 08/31/1998, Official Record Book 2455 Page(s) 3243, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $245.00 Reference: 70418-065 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 8th day of February ,2005, A TTE~T. r,}L t'!' '. ". BOARD OF COUNTY COMMISSIONERS DWJGflT .~·;·~p.çK:'Çlerk COLLIER COUNTY, FLORIDA .'~.. . 1< ßy~ Q( By ~W. ~ =:. ". ·Attt~h.$··to·.:C atMHYflerk FRED W, COYLE, Chalrm A ..\s~gAalliÌf··Of'l~d I I ff' PþC9ve ·~s (:f onl'1 a ega su IClency ~~'~W~ Thomas C. Palmer Assistant County Attorney . --,_.- *** 3556427 OR: 3731 PG: 3891 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT Bo BROCK, CLERK Leonardo Bonanno, Operations Coordinator REC FEB 10.00 Code Enforcement Department COPUS 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLBRK TO THE BOARD 16A4 (239) 403-2440 INTEROFFICE 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 98-430 against: JULIO DOMINGUEZ ESTATE JOHN R. DOMINGUEZ, PERSONAL REP. The lien was recorded on 12/04/1998, Official Record Book 2487 Page(s) 3400, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $245.00 Reference: 80122-028 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this ...at.h day of F'¡::>hrllÇlry ,2005. ATTE§'; .~ \ " BOARD OF COUNTY COMMISSIONERS DWt.Gfn E '~~'Çlerk COLLIER COUNTY, FLORIDA '> . .. 'i' ,¡;,'~ '. "" ~\;/~ ' '. By 'juLW. ~ ~Y: .... < ·(i.~aO, IY! .. Att.":t\I~ to lf~'1 f'erk FRED W. COYLE, Chair . . "S19"ðt~e~ on~ . . AppRwed' as t(j orm a èf legal sufficiency )]JM PrJUI> ~-- Thomas C. Palmer Assistant County Attorney ~,-- ,. *** 3556428 OR: 3731 PG: 3892 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL This instrument prepared by: 02/10/2005 at 09:17AK DWIGHT B. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator REC FEE 10.00 Code Enforcement Department COPIES 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THB BOARD 16A4 (239) 403-2440 INTEROPPICE 4TH FLOOR BIT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 99-23 against: JULIO DOMINGUEZ ESTATE JOHN R. DOMINGUEZ, PERSONAL REP. The lien was recorded on 02/22/1999, Official Record Book 2515 Page(s) 941, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $245.00 Reference: 80608-032 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this .8..t.bday of Februarv ,2005. '\ ~.~., ATTEST .' /'1\:;'\, BOARD OF COUNTY COMMISSIONERS (~ " \; 'x.. :.:.:..:..(.~ic;:':~ , \ , DWIG-tA" E. BROCKt,'-Clerk COLLIER COUNTY, FLORIDA " ... ,,' 9<f."" .;~.~ f I . '... :1 ¡ , i ' . l.ø~ Bý: " ~ :-. . ' . ,',~ K~dJ()..De By: f ." ~tt~st .:.&~ to C~ ~iNt~ Clerk ·~na\urFc·onl~·. . . Appro as 0- orr:n -a d legal sufficiency lk W~" Thomas C. Palmer Assistant County Attorney ..--..- -. *** 3556429 OR: 3731 PG: 3893 *** RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator RBC FBB 10.00 Code Enforcement Department COPUS 1.00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THB BOARD 16A4 (239) 403-2440 INTEROFFICE 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 99-92 against: JULIO DOMINGUEZ ESTATE JOHN R. DOMINGUEZ, PERSONAL REP. The lien was recorded on 03/16/1999, Official Record Book 2523 Page(s) 3413, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $245.00 Reference: 80803-061 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this -8.t.b day of Fp. hrm:¡ ry ,2005. " ATTEq.T. ·.;.~L(/~'; ...." BOARD OF COUNTY COMMISSIONERS DWIGHTE: BRQéK, Blerk COLLIER COUNTY, FLORIDA '" ' '.' d" ;;~ s.y:': By M:W. ~ ,,'. 'Att.:¡:t\<'..~)to hAÃMW'~lerk FRED W. COYLE, Chair , ./.. ···S1a=~t~eOf\l~. Approveâ' s· 0 ortn an legal sufficiency ~·YJ~ Thomas C. Palmer Assistant County Attorney ._-- --,---- *** 3556430 OR: 3731 PG: 3894 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AK DWIGHT B, BROCK, CLBRK Leonardo Bonanno, Operations Coordinator RBC FEB 10,00 Code Enforcement Department COPIES 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THE BOARD 16A4 (239) 403-2440 INTBROFFICB 4TH FLOOR BIT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-387 against: JOHN R. DOMINGUEZ, et al The lien was recorded on 12/12/2003, Official Record Book 3462 Page(s) 1613, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2409 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this .8..t..hday of Fphrl1r1ry ,2005. ATTEST, ,A', .", . BOARD OF COUNTY COMMISSIONERS DWIGH.T E;·."ÏJ'BÔQK Qlerk COLLIER COUNTY, FLORIDA ,It , ~ ... ... ~,..~ I , . . '. e BY:. By: . "itta$l ~~.,t.Qha~YsClerk ~. ·$1911 Wrt0A1J. . . Apþrövéd as..toform and legal sufficiency Î ~. WKL--- Thomas C. Palmer Assistant County Attorney ~~~ *** 3556431 OR: 3731 PG: 3895 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT E. BROCK, CLERK Leonardo Bonanno, Operations Coordinator RRC FBB 10,00 Code Enforcement Department COPIES 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THE BOARD 16A~ (239) 403-2440 INTEROFFICE 4TH FLOOR EXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-392 against: JOHN R. DOMINGUEZ, ET AL The lien was recorded on 12/12/2003, Official Record Book 3462 Page(s) 1621, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2334 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this .ß..t..hday of -¡:;>~ 1)rll.::l ry ,2005. ATTEST . ~/~(:>. ,", BOARD OF COUNTY COMMISSIONERS DWIGHJ·''E. BROêl(Ytlerk COLLIER COUNTY, FLORIDA '" .' "iii ¡;"f L,,-~,.' " It" ~. '\ r I By: By '1uLW. ~ FRED W. COYLE, Chairma ) ~ ~Lw----- Thomas C. Palmer Assistant County Attorney -.. ..- *** 3556432 OR: 3731 PG: 3896 *** RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT E. BROCK, CLERK Leonardo Bonanno, Operations Coordinator REC FBE 10.00 Code Enforcement Department COPIES 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THE BOARD 16A4 (239) 403-2440 INTEROFFICB 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004-265 against: JOHN R. DOMINGUEZ, ET AL The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1182, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2521 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this ....8..t..h day of 1"'6' brlJa ry ,2005. ATTEST ,.r.YIJ'/ ' . BOARD OF COUNTY COMMISSIONERS DWIGIi1!=, SROÇ,Jt...CI~rk COLLIER COUNTY, FLORIDA T. . it I., By: r: ~W.~ By: FRED W. COYLE, Chairm . Attast."f,$f"Cha~YClerk . .. "s1gftat~~';ón11' Appròv~d 21& to· fotm and legal sufficiency ThomlbJ'}J~·· Assistant County Attorney -_.._-,,--_..~ *** 3556433 OR: 3731 PG: 3897 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT E. BROCK, CLERK Leonardo Bonanno, Operations Coordinator REC PBB 10.00 Code Enforcement Department COPIES 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THE BOARD 16A4 (239) 403-2440 INTEROFFICE 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2001-462 against: JULIO DOMINGUEZ The lien was recorded on 01/02/2002, Official Record Book 2956 Page(s) 0740, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dolars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 1964 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this ....ß..tRay of FQbruãry ,2005. ATTEST... . ~.. fi, """ BOARD OF COUNTY COMMISSIONERS DWIGH'f~'E·. '~0Cj(}:Clierk COLLIER COUNTY, FLORIDA . . ,: '¡'; , ~ '-~ By:, By ~ w. ~ FRE W.COYLE, Chair n - 'TÞW\ ~l~ Thomas C. Pa1mer Assistant County Attorney ---,.--....-.....-^ *** 3556434 OR: 3731 PG: 3898 *** RECORDED in OFPICIAL RECORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AI( DWIGHT B. BROCK, CLERK Leonardo Bonanno, Operations Coordinator RBC PBI 10.00 Code Enforcement Department COPIES 1.00 2800 North Horseshoe Drive Retn: Naples FL 34104 CLBRK TO THB BOARD (239) 403-2440 INTBROPPICB 4TH PLOOR 1 6 A 4 BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-109 against: JULIO DOMINGUEZ The lien was recorded on 3/20/2002, Official Record Book 3002 Page(s) 2553, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2045 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 8..t.h... day of F'phnlary , 2005. ATTEST.... .. c '\. BOARD OF COUNTY COMMISSIONERS DWIGHTJE.. Ì3RÐ'è~;~ClerJ< COLLIER COUNTY, FLORIDA ~ . t ~. "t . . ' \, ."f , , By:. e By: Attést·I~\t:b:·~h.,~iNt~ Clerk APpro~~~\tt'g"c>r~~(j legal sufficiency ~p~~ Thomas C. Palmer Assistant County Attorney _.._, .- ---. *** 3556435 OR: 3731 PG: 3899 *** RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, PL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLERK Leonardo Bonanno, Operations Coordinator REC PEE 10.00 Code Enforcement Department COPIBS 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLBRK TO THE BOARD 16A4 (239) 403-2440 INTEROPFICE 4TH FLOOR EXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-166 against: JULIO DOMINGUEZ The lien was recorded on 4/30/2002, Official Record Book 3027 Page(s) 2691, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8 , Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $345.00 Reference: 2065 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this8..t.b. day of F~bruiàry ,2005. ATTEST. .\ ,; ie' if .", BOARD OF COUNTY COMMISSIONERS DWIGI-f(:E.mÖ:ç.K; ,Crer~ COLLIER COUNTY, FLORIDA BY~ .. -'. ,~Cthli(), .oe By ~W. ~ " ·~tt.st '.~':tO;' "., aJ~t~ Clerk FRED W. COYLE, Chairma sti"atwrf Oo·lJ~ . . . Approv~? as·to .fon'h an-d legal sufficiency ~.QJ~ das C. P-almer Assistant County Attorney ,.,---.--->--.-.'"'" . -,,--- *** 3556436 OR: 3731 PG: 3900 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator RBC FBB 10.00 Code Enforcement Department COPIES 1.00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLBRK TO THB BOARD 16A4 (239) 403-2440 INTBROFFICB 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-178 against: JULIO DOMINGUEZ The lien was recorded on 04/30/2002, Official Record Book 3027 Page(s) 2677, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $300.00 Reference: 2089 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this ..8...t...hday of February ,2005. ATTEST, " . ". BOARD OF COUNTY COMMISSIONERS DWIGHT: S.~àÉ\~K.,'.tlerk COLLIER COUNTY, FLORIDA . ' By: ---'-""-'-"'~--' *** 3556437 OR: 3731 PG: 3901 *** RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, PL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLERK Leonardo Bonanno, Operations Coordinator RBC PHB 10.00 Code Enforcement Department COPIBS 1. 00 2800 North Horseshoe Drive Retn: 16A4 Naples, FL 34104 CLBRK TO THB BOARD (239) 403-2440 INTEROPFICB 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-346 against: JULIO DOMINGUEZ The lien was recorded on 10/02/2002, Official Record Book 3121 Page(s) 1539, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2144 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 8th day of February, 2005. ATTEST . <.}{ 0.' _. . BOARD OF COUNTY COMMISSIONERS DWIGHT£: attó.ç..<,..··Clerk COLLIER COUNTY, FLORIDA By >J1JdFO .~(! iht:iJ, ~O(' By ';;1;¡ .LW ~ . . 'Atte$t 4~to aJ~M ~Ierk FRED 0 COYLE, Chairm "' . s.1gaatwr. onl,y. Approved as to form and legal sufficiency Tho::JkpJ?~j Ut------ Assistant County Attorney ,-,---~----~ *** 3556438 OR: 3731 PG: 3902 *** RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT E. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator REC PEE 10.00 Code Enforcement Department COPIES 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLBRK TO THB BOARD 16A4 (239) 403-2440 INTBROPPICB 4TH FLOOR BIT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No 2002-390 against: JULIO DOMINGUEZ The lien was recorded on 10/15/2002, Official Record Book 3131 Page(s) 2310, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2156 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this -8..t.Way of Fp-hr11;ry ,2005. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT'E. 'gRÖG~..clerk COLLIER COUNTY, FLORIDA By: By: 8s .IS .0; a . ':\ '. " -tt9AlttW.,,\~J..Y. . Approved as· to .form ÇU1d legal sufficiency ~W~ Thomas C. Palmer Assistant County Attorney *** 3556439 OR: 3731 PG: 3903 *** RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL This instrument prepared by: 02/10/2005 at 09:17AM DWIGHT B. BROCK, CLBRK Leonardo Bonanno, Operations Coordinator RBC FBB 10.00 Code Enforcement Department COPIBS 1. 00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THB BOARD 16A4 (239) 403-2440 INTBROFFICE 4TH FLOOR BXT 8406 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-123 against: JULIO DOMINGUEZ The lien was recorded on 4/17/2003, Official Record Book 3268 Page(s) 0594, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2250 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this ~l'Pay of February ,2005. ATTEST . d, BOARD OF COUNTY COMMISSIONERS DWIGHT 'g., Eh;{¢ C}\ , Cl,erk COLLIER COUNTY, FLORIDA . .' I <' ~, ,- By, '. . ~:;.~ :tog,cJ~~,k£C By: . . s 19"atO'., (0) Y . Approvetl as.to-form.and legal sufficiency , . . ~W~ Thom s C. Palmer Assistant County Attorney --. --"..-....-- -_....-._-..., . . ,..._'----_.._~---<~-_.- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pmk paper. Attach to origm:!1 document Original dOC¡lI1iCnts should be hand delí\crcd to the Board Officc. The completed ronl ing ·;lip and original documents arc 10 be rom arcklto ¡he Board Officc onh !Ifltf! ¡he Board has taken action on the item. ) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. 0d/ndrrL /,rJ 4-- tllJ f.ð 11 ¡ /11 i .r7 4d~ d/-Yµ ~ -- 2. / , '\ 3. X 4. ,/ ~. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact stafffòr additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff J__ + ~~ e"r 50 Phone Number 1./0 3' íJ 3 ÎJ' Cf Contact Agenda Date Item was ;;} ·8·0~ Agenda Item Number It,/I- 6- Aooroved bv the BCC Type of Document SOL. Number of Original ..3 Attached Docwnents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, wmchever is Yes N/ A (Not a r nate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ~ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ssibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Þ'II't" Office and all other . es exce t the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~ document or the final ne otiated contract date wlúchever is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~ si ture and initials are r uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~f1 JJIr Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! I: Forms! County Forms! BCC FonnsI Original Documents Routing Slip WWS Original 9.03.04 . ~,....- ~_~~_"____'__;'__;_"'~'''-''''''_'''''_''_''''''""'~''''''''_''''''_''..."",..... "'_~'_"..."". .,..,.,,_·,__,___.__,..._....'.eo_e.."·._____ "...----..... 16A5 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated June 29, 2004, a certified copy of which was recorded in O.R. Book 3598, Pages 412, et seq., on July 1, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Kenneth D. Carter and Leslie K. Carter has been -=> -=> discharged in full. -=> -=> . -=> ..-. ..-. The real property located at 3890 ih Ave. NW, Naples, Florida, more specifically described in the deed recorded in Official Record Book >Q 1836, Pages 1029, et seq., of the Public Records of Collier County. >Q en - >Q J-t ou .... >Q 0 += <>:: ou += Folio No. 36710840003 += ~ Cost: $24,754.40 - -==t" c-- Reference: CEB No. 2003-021 COŠõ; c:::> := -==t" 8 :... "'" The undersigned is authorized to and does hereby release this lien as to the whole <>::- ...3Q~ ~ J-t ou .--'1 of the above-described real property, and all other real and personal property owned by ø.... ~ - 0"': ou ou Kenneth D. Carter and Leslie K. Carter, and consents to this lien being discharged of 0 --' ..... <>:: (V") 0 IX! record. r:-- r.n . 0:::::0 "'" (V") ~ ~ ou ::z::: "'" <.!> Dated this day of ,2005. .... r:::t:: ....... Rth Fphrll;:¡ry ø::: ~ ~ C) ~:..: ou 0< c-- J-t - _ -=> C'.I - .. o -=> ~ ..-. I..D ~ ..... ~ ..... ... ATTEST: . . BOARD OF COUNTY COMMISSIONERS ~ 0::: or> ..... -=> DWIGHrE. BROc;K, Clerk COLLIER COUNTY, FLORIDA (V") "'" 0:::::0 ,--.J -- += 0:::::0= <>:: ..-. By~4¡:~ØeIWJ,.o~ By: 'jv.LW. ~ += 0_ += ou '" -= <>:: <>:: . ·-·.,-,.._.~'_9 ItyClerk . FRED W. COYLE, CHAIRM N 0 0 ~ - ,c ::z::: 0:::::0 e-< <>:: .... Ap 0< 0 IX! leg "'" s t(PA5 ::z::: >Q e-< ou J-t Item # 0_"" e-<_= 0.... .. ::.:: Q::;; co ~~~;da l-ß -05" 0:::=_ .J-) QQ e--- e- Q) ,....:I :z: Þ4 ~~l-IpQ Date 1..q .(jÇ Rec'd ~ -.. ,-."",-"-,-,-."",-,,---.--,,,-, . ..-.,..- , -..'.'- 16A5 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated August 30, 2004, a copy of which was recorded in O.R. Book 3637, Pages 3708, et seq., on September 8, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Premise Richard and Rigaud Calixte has been discharged in full. The real property located at 2079 54th Terrace, S.W., Naples, Florida, more specifically described in the deed recorded in Official Record Book 2242, Page 1444, et seq., of the Public Records of Collier County. Folio No. 36376320006 Cost: $697.50 Reference: CEB No. 2004-034 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Premise Richard and Rigaud Calixte, and consents to this lien being discharged of record. Dated this 8th day of Fpnrll;::¡ry ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA a.OC ~W.~ By: FRED W. COYLE, CHAIR " ~ ., .... *** 3556528 OR: 3731 PG: 4085 *** A a.s to 'fÛfÌ'rt' and Ie lency: RECORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/10/2005 at 10:04AK DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIBS 1. 00 Jeff y A.I. latzkow Retn: Assi ta~~ p\ounty Attorney CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 8406 -,~~'~ -,--,._._._._--~ ~.- 16A5 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated September 29, 2004, a copy of which was recorded in O.R. Book 3653, Pages 2844, et seq., on October 4,2004, of the Public Records of Collier County, Florida, which Order modified (1) Code Enforcement Board Order dated April 13, 2004, a copy of which was recorded in O.R. Book 3563, Page 391, et seq., on May 12, 2004, and (2) Code Enforcement Board Order dated June 29, 2004, a copy of which was recorded in O.R. Book 3598, Page 377, et seq., on July 1,2004,2004, against the following described real property, and all other real and personal property located in Collier County, owned by Monika B. Van Stone has been discharged in full. The real property located at 795 25th Street S.W., Naples, Florida, more specifically described in the deed recorded in Official Record Book 2902, Page 2227 et seq., of the Public Records of Collier County. Folio No. 36816840004 Cost: $5,000 Reference: CEB No. 2003-048 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Monika B. Van Stone, and consents to this lien being discharged of record. Dated this 8th day of February ,20<>5-. ATTEST: DWIGHT E. BROÇK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA F:?:-::O~~ ~AN ~.~.(] .%X)¡oP.O ,.ðÛJy .~,:. ..' ". .,~. . . .)utr!Clerk . Ap leg *** 3556529 OR: 3731 PG: 4086 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/10/2005 at 10:04AM DWIGHT B. BROCK, CLERK REC FEE 10.00 COPIBS 1.00 Retn: CLBRK TO THE BOARD INTBROPPICE 4TH FLOOR BIT 8406 _.__."--_.,,-~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIP16 A 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper, AHach to ongin:JI document. Onu.ina! docU! cnls should be hand delivered to !he Board Office The cOl11pJelcd routing slip and original documents arc 10 be farwarde to Ihe Board (Xr¡c~~ 0111\ "ftU lhe Board bas taken action on the itcm ì ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 01f/h Jrd i{ltL- ¿1~f5 4~;< 0/15; t7.2 - Il q7n/n 2. I " 3. Y 4. ,/ "~, , , 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the item.) Name Qf Primary Staff -J __c.. -r RIA,)"""'s Phone Number Contact c.¡0.3 ~ d 3 ;¡}. C) Agenda Date Item was - Agenda Item Number I~ A ~ & Approved by the BCC d ~B ~o ~ Type of Document 50 L.. Number of Original ;}. Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. lIDs includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ssibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other . es exc t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2. 3. 4. 5. I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04 "'~'--'"----"-''''~~---~-'''''''-'' ---,-_..._---".,--"-..."~-"'.,..,,,.,....."._"'"'........~""..,,"'...,"",,,,,,",,,,,..;-.',.. .~,,,,,,.;..,,,,.,,,,...,'.,.,..,,.........,-~--,._- ,> - '-""-"'-~_' ·",,,"',",,,,,,.,,·.__.~,-¥"_,,,,,,,,,,~_,,,,,,,,,w,.,.,,,,,- ,,;,,, Yes (Initial) Nt A (Not A licable) ."P IIItr ~ ~ öÎ J 1-1 JIlt' ,..'...."..>,-.,_.,,_......_"',~""'".-_"....,,_.~...<......_,...."-" This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 *** 3556532 OR: 3731 PG: 4097 *** RBCORDED in OPFICIAL RECORDS of COLLIER COUNTY, FL 02/10/2005 at 10:08AM DWIGHT B. BROCK, CLBRK RBC FRE 10.00 COPIBS 1.00 Retn: CLERK TO THB BOARD INTBROPFICE 4TH FLOOR BIT 8406 16A6 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: CORNELIUS JACKSON The lien was recorded on 12/03/04, Official Record Book 3689 Page(s) 2604, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighty-Six Dollars and Twelve Cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. Cost: $86.12 Reference: SO 134902 Folio: N/A Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this Rth day of F'/:'hT11ary ,200¡ ATTEST DWIGHTEBR9CK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ......n .~ . .v.' ~t~~r\~s/~. '. .. s 1 ",àtlr~ 0'04\11- Approy,$tl asto'fQrro-and legal sufficiency . '·1 '.,\ By: ~w. FRED W. COYLE, Chairma >.: --' ~CdlZ~ Jennife elpedio i Assistant County At ney Item # 1 Agenda t -B ß S- Date U This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 *** 3556533 OR: 3731 PG: 4098 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/10/2005 at 10:08AM DWIGHT B. BROCK, CLERK REC FEB 10.00 COPIES 1.00 Retn: CLBRK TO THE BOARD INTBROPFICB 4TH FLOOR BIT 8406 16A6 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain liens by Orders executed by the Special Master against: LARRY SAUNDERS The liens were recorded in, Official Record Book 3695 Page(s) 4148- 4149, and Book 3709 Page 2182, in the Official Records of Collier County, State of Florida. The liens secure the principal sum of Three Hundred Sixty Dollars and Twenty Cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. Cost: $360.20 Reference: CO 2004100411 Folio: 61836320003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the liens and hereby cancels said liens. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the liens cease to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 8th day of February ,2005. ATTEST DWIGHT E. BROCIS, Clerk . \,~ ,. By:~.a.Q",.;tM{). œ ". . " A~~:~~\.t~~~tv·~lerk '; .,1 glltwe.. QR 1.'. . . , Apprèwed·~s. .t~ f9~rr\~n~legal sufficiency -'I " \', ~.~>~~ Jen . er Belpe' i Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, Chairman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the document is already complete with the .82 excention of the Chairman's sÏlmature, draw a line throug: routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Scott Teach County Attorney SRT 03/4/2005 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Brenda Brillhart Phone Number 774·8446 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 16.B.2 Approved by the BCC Type of Document #05·3750 Number of Original Five (5) Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes NI A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A SRT should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCe on Februarv 8. 2005 and all changes made SRT during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chanees, if applicable. INSTRUCTIONS & CHECKLIST I: FonnsI County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~ OJ {l ¿~ 16 82 FILE NO.: ROUTED To:ð5.... tf(C ~ I 75 DO NOT WRITE ABOVE THIS LINE ;' ;'.1 ",. \ ....'! ;' /1 !- ('l. ' 1JOUNfýl... V't , h/L DATE RECEIVED: ATTORNEy 2005/'fAR _3 AI'f 10: ~J o/11~~ ~ e ~f~1 . c- (i /.,f Dt}i,Md-z> 6W)..~þ ~ / ITEM NO.: REQUEST FOR LEGAL SERVICES Date: February 28, 2005 To: Scott Teach Assistant County Attorney From: ~ Brenda Brilhart \!!!.) Purchasing Agent 774-8446 Re: Contract #05-3750 "Rattlesnake Hammock Road (CR 864) S 41 Tamiami Trail East to Polly Avenue) Roa Grounds Maintenance" Contractor: Ground Zero Landscaping Services, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 8, 2005; Agenda Item 16.B. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank: you. 16 82· MEMORANDUM Date: March 4, 2005 To: Pamela Lulich, Landscape Project Mgr. Alternative Transportation Modes From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Bid #05-3750 with Ground Zero Landscaping Services, Inc. Grounds Maintenance for Rattlesnake Hammock Road (CR864) US 41 Tamiami Trail East to Polly Avenue Enclosed, please find three (3) original documents as referenced above, Agenda Item #16B2, which was approved by the Board of County Commissioners on Tuesday, February 8, 2005. The Minutes and Records Department has retained an original document, and an original has also been sent to the Finance Department. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures (3) 16 82 AGREEMENT THIS AGREEMENT, made and entered into on this 8th day of February 2005, by and between Ground Zero Landscaping Services, Inc., authorized to do business in the State of Florida, whose business address is: 1907 Fairfax Circle, Naples, Florida 34109 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence after receipt of the Notice to Proceed, in the form of a letter from the Contract Manager, and remain in effect one (1) year from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. ST A TEMENT OF WORK. The Contractor shall furnish, delivery and provide services related to Grounds Maintenance for Rattlesnake Hammock Road (CR 846) (US 41 Tamiami Trail East to Polly Avenue) in accordance with the terms and conditions of Bid #05-3750 and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: 16 B2 Aaron Gross, President Ground Zero Landscaping Services, Inc. 1907 Fairfax Circle Naples, Florida 34109 Telephone (239) 821-3472 Facsimile: (239) 597-7365 Email: gzis@naples.net All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Telephone (239) 774-8407 Facsimile: (239) 732-0844 Email: Colliergov.netpurchasing The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such 2 16 92'~ violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 3 .~''''--~- 16 82 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternate Transportation Modes/Landscape Maintenance Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #05-3750, Rattlesnake Hammock Road (CR864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance, Specifications/Scope of Services/Contractor's Proposal and Addenda. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 .._._.,...~--,,_._- 16 82 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. t¡/~.h ctJ, hI! ò-IJ_ First Witness Ground Zero Landscaping Services, Inc. Contractor ~. bY- By: Signature E I, zc.hp-lh <';,::HS, Ser. . ~e/Print witness namet -.~-h- ~ ~ . Second Witness AA-RorJ .5 t &()S~ Pres ( Typed signature and title J~E.P--r ~. CJfe.ez-. ÎType/print witness nameÎ CORPORATE SEAL (corporations only) ATTEST: Dwight E. Br~~~;.'t~~~'9,~Courts ~'~ ' "~,I . .. .." . r By: . '... ,J .' .... .. . . L. - .,.. ~( " .' . ~. Dated' "1'. '¡" --.' : ,;.:: -:. . . :. ...-j ~, "-" - " -~..\, ::::¡:;. ". (sattØ.. st IS Î4~~~' 'Go';'. .or 'L ,~".~.!"'- I , ~ .~t.r..>.fl·;"·"~ / ~~-~ ".~ ..~.¿~>;.. ~.:::. . . . ~ ~ ~.:;~:.}~. ' '._~J; ¡ .' ~:I' ~ t' J ..,.) A ovedasto. 'f'and gal ufficien : BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-W. ~ Fred W. Coyle, Chairman Item # (l.aJiQ Agenda ð -f 'oS Date Date " jJ..,....~ Rec'd ~-> (. 5 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" FROM: ¿~.).¡JC{ Z.re> ~Jl),C-ð J0C. '16 82 ~fl-J~ CONTRACT PROPOSAL DATE DUE: November 30, 2004 at 2:30 pm Board of County Commissioners Collier County Government Center Naples, Florida RE: Bid No. 05-3750 - Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance Dear Commissioners: The undersigned, as BIDDER, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; and that he has examined the Specification~ for the work and the Documents hereto attached. The BIDDER further declares that the only persons, company or parties interested in the Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or parties making Bid or Proposal; and it is in all respect fair and in good faith, without collusion or fraud. The BIDDER further certifies that he has familiarized himself with the Federal, State and Local laws pertaining to the type of work proposed. The BIDDER proposes and agrees, if this Proposal is accepted, to Contract with the OWNER in the form of Contract specified, to furnish work in full, in complete accordance with shown, noted, described and reasonably intended requirements of these Plans, Speoifications, Contract Documents and all Addenda hereto for the Unit Prices on the following pages. Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than (15) days payment be offered. Prompt Payment Terms: ~% ~ Days; Net 30 Days Addenda received (if applicable): #1 / #2 V #3_ 30 "ov~ZZ-04 1T:49 From-Coil isr r-"l1ty Purchasinl 941 TaZ 0844 T-9Z0 P.004/00S F-ZZO BID #05-3150 _ "R4tÜemelœHammockRoad (CR 864) (US 41 Tamiami Trail East 10 Polly Avenue) RoadWRY Grounds Maintenance" I. SECTION 1. BASI,C MAINTENANCE FUNCTIONS Cost to perform basic maintenance functions as follows: Function Qty.. Unit A. Mowing & Edging 52 Ea. B.lrrigation ,Systems 52 Week C. Weeding 52 Ea. D. General Site Pruning 52 Ea. E. Trash Removal 52 Ea. F . Street Cleaning 52 Ea. Unit Cast Total Cost. 16 82 $J~ ,ei) $ (;55;;. cD $/5,CO $ '7Ø,Cú $ )3 ¡co $ J ,q(p,ct) $21.QQ. $~ $/D,oo $ ~ .00 $.gJl. DO $!j::c6 ¡cD $1'1 CO II. ~ECTION II SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING Function Otv. Unit Unit Cost Canopy Trees· April and September: Crape myrtle 3 Ea. Cut White Geiger 41 Ea. Cut Live oaks 51 Ea. Cut Silver Buttonwood 84 Ea cut Black Olive 'Shady Lady' 7 Ea Cut Yellow Elder 4 Ea Cut Cattley guava 29 Ea Cut $ /.DO $ J.b() ; ],¡g ß $ " . f!) n $ / I DO $ ¡.()/? SUBTOTAL Cant~py Trees Palms - June: Alexander Palm Florida Royal Palm Foxtail palm (Self Cleaning) Florida Thatch Palm 22 28 65 29 Ea. Cut Ea. Cut Ea. Cut Ea. Cut $J.DD $J',OD $i.oo . $ / I OD SUBTOTAL Palms Total Cost $ '3,OD $ ~/,OO $ 5(. DO $ gc.{¡ 0 C $ -;::0 D $ DO $ dct. oC; $ .2..Iq, 00 $ ~..oÇJ $ ì~ ,oD $ 5.DD $ ø-.q1oO $ J L/t.!/ () 0 31 Nov-~2-04 11:49 From-Coil iar r~'lnty Purchasin¡ 941 132 0844 T-920 P.005/00S F-220 :BID #05-3750 _ "R.D.ttldnake HemmockRoad (CR 864) (US 41 Tamiami TraiJ East to PoUy Avenue) Roadway Grounds Maimenan.ce" B. FERTlLlZATIO.N (County wìllsupply granular fertilizer) Function Qty. Unit Unit Cost $3,DO Turf, Groundœver, Shrubs and Trees 440 Bags Ea~ Perfdrm Sequestrene Iron Drench Application 4 Ea. $J5ò1.cO $15.00 20--20-20 with Ferromec 6 AC13-O-Oplus 6% iron (Optional) Ea. SUBTOTAL Fertilization C. ORNAMENTAL AND TURF SPRAYING Function OW . Unit Turf Area: Insecticides & Fungicides 12 Ea. Appl. Herbicides 6 Ea. App1. Groundcover, Shrubs & Trees: Insecticides & Fungicides 12 Unit Co~t $ qg "DO $ _I)(),DO $ 1 Jltj.OO $ /05/00 Ea.Appl. Herbicides 6 Ea. AppL SUBTOTAL Spraying D. MULCHING function Otv. Unit Organic Application 7, 271 Bags Ea. (2n mulch, 2 cu.ft. bags) u;~~ SUBTOTAL Mulching E.LANE CLOSURE -Maintenance of traffic to be included in unit pricing F. IRRIGATION SYSTEMS (Section 2 - I4F") Pop-Up 52 Week $ S.W SUBTOTAL lITigation G. PRESSURE CLEANING BRICK PAVERS Paver Cleaning 6 Ea. $ 4·JO. DO SUBTOTAL Pavers 16 82 Total Cost $~J 3d-O 100 $-1 I Lj-ß ,OD $ i(-50 ,00 $ .)..'1, "ß 10D TotalCOÄt $ ~1~ ~OO $ :.3 CO ,00 $--L1gg·CO $ C,301ÚO $ 3;1q Lf, CO T º!]I 'jst $ t!Jl3,lfD $ G5t..f3,q[) $ d60, 00 $dW ' 00 $ J..S2ö ,00 $ ~5;tO,C() 32 Nov-22-D4 1T:5D From-Collier r~unty Purchasin. 941 Tn D844 1-92D P.DDS/DDS F-22D BID#OS-3750 _ "Rattll:S\'lake Hmn:m:II:kRoad..(CR 864) (US 41 Tamiami Tntil East to POllY Avc:nue} Roadway Grounds Main1:C.IlBl1ce" PRQPOSAL (CONTINUED) 16B2 H. STREET Cleanlna (a) Function Street Cleaning Ow. 52 Unìt Ea. Unit Cost $ /,a5 Total Cost $§~ $ ~~.Dð SUBTOTAL StreefC/eaning ,III. SUMMARY OF ANNUAL COSTS Basic Maintenance Functions (Subtotal Annual Costs) $J~66L{ I 00 Site $p,ecific Maintenance Functions for: Canopy Tree Ornamental and Turf Sprayìng Subtotal $ ì-/3ß ,DO $~ $ .,2QIß 100 $ ~ £1'1.00 $ ~5q31~ Palm Pruning Subtotal ( x 2) Subtotal Fertilization Subtotal Mulching Subtotal Lane Closure Included in Pricing Street Cleaning $ 'J.- GO eO $ ;)5~O,DO $ :i~"~~O ~ $ -J,O~_-j5 , q:O 1~~~t4W~~~'s Subtotal Irrigation Systems Brtck Pavers. Sidewalk & Decorative Paving Subtotal Subtotal IV. TOTAL BASE BID (Written ~ Amount) .'", :-. v. ALTERNATE A. TRASH RECEPTACLES Function Receptacle Service Oty. 52 Unit each ~~~~ T~ost $ I ',DO $ j 5c.. ,et:) $ :l'8D I 00 Total 8. Street Sweeping 1 each Subtotal 33 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tarniarni Trail East to Polly Avenue) Roadway Grounds Maintenance" 16 82 VI. ESTIMATED TOTAL MAN-HOURS TO PERFORM REQUIRED SERVICES (The Contractor shall submit the crew size above the minimum 5 person crew required per week, and man-hours he intends to provide to this Contract on a weekly basis.) Hours Per Week _5 Crew Size (Personnel on Site) 9-4 Man-Hours VII. ADDITIONAL lANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be required, adjustment will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including Overhead and Profit, MOT, Supervision and Transportation.. A. GENERAL SERVICES Rental cost per day of a 4,000 gallon tanker with Operator with Required Operator License $ 3b,OeJ $3D,00 $ 25,00 $ ~~cO ;)5 % $~OD,oO Landscape Supervisor (per man hour) Irrigation Technician (per man hour) Laborer/Helper (per man-hour) Pine Straw - Labor Cost Per Bale Only Materials - Cost Plus Additional Hand Watering (Contractor to Provide Tanker and Operator) Per hour costs Bobcat and Operator (per hour costs) $ J37,oO $ 1S.CO $ t/5.o0 Stump Grinder and Operator (per hour costs) B. PLANTING SERVICES These services shall be activated in the event that damaged or dead plant material require replacement and/or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit Prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. 34 HID #05·3750 - "RaUl"",,,,", Hmnmook ROM (CR 864) (US 41 T om'om' 'nri' wI to Polly Moooe) Roodway GW""!f?""oo,,,B 2 All plant material provided shall be Florida #1 or better as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II latest edition. ITEM 1. Mulch Shredded Cypress Bark, Grade "A", 2" depth Eucalyptus, Grade "A", 2" depth Pine straw, 3" fluffed depth Washed shell, 3" depth Gray slag gravel (1/2") 2. Plants a. 4" Container, Annuals I Perennials Begonias, Impatiens, Lantana, Pentas Purple queen, Dune sunflower, etc. Perennial Peanut Ground Cover b. 1 Gallon Container African Iris Coontie Day-lily, evergreen variety Fla. Gama grass Juniper 'Parsonii' Lantana Pentas Liriope 'Evergreen giant' Purple queen Spider lily Muhly grass Perennial Peanut ground cover Ground orchids c. 3 Gallon Container Cocoplum Coontie Dwarf bougianvillea Fakahatchee grass Florida privet Fountain grasses lIex 'Schellings dwarf' Indian hawthorn 'Alba', white Ixora 'Nora grant' Dwarf Ixora Juniper 'Parson ii' Plumbago Unit sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. each each each each each each each each each each each each each each each each each each each each each each each each each each Unit Cost $ },:J.S $ ¡. 3.5 $ 1100 $j,.60 $ ,00 $ "J.' CD $S'¡DO $/~ ¡ D D $5',ðO $~ $~ $S.I'J 0 $ tÇ.D D $~.oO $ £.Qt:;L $~ $£QQ $~ $.~..ûO $ I;;),DO $.J.5.DD $ , d. <00 $ /..,)., DD $ 1.).00 $L?,oD $¡.;l,OO $ J ;). , 00 $,..1. 00 $ ( J. ' DC> $1 J- ' 00 $ I). -DO 35 ,i 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance ITEM Spider lily Thryallis Turnera 'Yellow Alder' Wax myrtle Saw palmetto Sea oats Silver buttonwood Simpson or Spanish stopper Varigated pittosporum Walter's viburnum Muhly grass Ground orchids Unit each each each each each each each each each each each each d. 10 Gallon Container Bottlebrush 'Red cluster' Cardboard palm Cattley guava Crinum lily Crape myrtle Hibiscus standard Jamacian caper Ligustrum Myrsine Silver buttonwood Simpson or Spanish stopper Wax myrtle Varigated pittosporum each each each each each each each each each each each each each e. 30 Gallon Container Bottlebrush 'Red cluster' Cassia Crape myrtle Dahoon holly Holly 'East palatka' Foxtail palm Ligustrum Live oak Mahogany Magnolia Red maple Orange geiger Slash pine Tabebuia'lpe' Wax myrtle White geiger Orchid tree (white) each each each each each each each each each each each each each each each each each Unit Cost $ ¡ß.O 0 $ 15-,00 $ }.'5,DO $ J.2 ,DO $~;OO $ ;), DO $/:J....oO $ /.)., DO $1c:LOO $ f;).f) 0 $I~'OO $ J.).. DD $ 7~ vD $lcÐioD $ 7!S'. DO $7lJ.DO $~D ,00 $16,00 $ 7/5;DO $ gD. 00 $ 7.5 ¡ 00 $ 76,; cD $76.00 $76.00 $gO.OO> $.2 el)tcð $.)¡C,Ð ,00 $;)t:f!) . OD $.;trJ . cO $;2tX? .oC> $;J:5bIOO $.:25'0,00 $;2oD .00 $~ ,00 $..:250,00 $..2tú, DO ~50 I 00 $dQO.OD §2oc> i aD $~¡ ()D $2.t)'O¡ cO $:lðD.oD 36 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" ITEM f. 65 Gallon Container Bottlebrush 'Red cluster' Crape myrtle Dahoon holly Holly 'East pal atka' Foxtail palm Ligustrum Live oak Mahogany Magnolia Red maple Orange geiger Slash pine Tabebuia'lpe' Wax myrtle Orchid tree (white) White geiger 3. Palms Saba I palm (10' to 20' CT.) Sabal palm (8' to 12' Booted) Key thatch palm (6' to 7' HT., field grown) Ribbon palm (6' to 7' HT., field grown) Royal palm (18' CT) Carpentaria palm (16' CT.) Washington palm (30' CT.) Solitaire palm single (10' CT.) Solitaire palm double (10' CT.) Foxtail palms (10' C.T.) 4. Canopy Trees Live oak (100 gal. Cont., 4"-5" cal., 16'ht.) Live oak (200 gal. Cont., 6"-8' cal., 20' ht.) White Geiger (100 gal.) Unit each each each each each each each each each each each each each each each each each each each each each each each each each each each each each Unit Cost $ i-/w ,ft) $ I1CP ,OD $ L./cO ,00 $ L{OO,DO $ Jf50,00 $5CD.Dð $.5%1, DO $~ $~ $ W.O 0 $,!£o.OD $ 400 d)O ~~ $UØ I 00 $~,DO $~5:>iOO $100,00 $5:n.DD $~,OO $13ro.cO $/cø,DO $/)(:0;00 $ J!.6Y,OD $/octJ,CO $.5Do, ex? $þcOtCú $,;)gCO,oO ~Ia> 37 BID #05-3750 - "Rattl,,,,,"œ Hommo:k Rowl (CR 864) (US 41 Tom'''''' hail Eo& to Polly A v,"",) ROwlW,ytroQ, Ma,a2" C. LIQUID FERTILIZATION APPLICATION Apply Peters 20-20-20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13-0-0 plus Six percent (6%) Iron at one third (1/3) gallon of material per one hundred (100) gallons of water. Turf Planting Beds Unit per sq. ft. per sq. ft. Unit C~t $ ,.,D $ ,Dß D. SOD SERVICES Unit per sq. ft. Unit Cost $ "qO Removal of existing sod/weeds with sod cutter or by hand and prepare soil/area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill tipping fees). E. SOD I TURF GRASSES Delivered, off-loaded, fine graded for sod, laid in place, rolled and trim edges as necessary: Unit Conventional Irrigation Unit Cost S1. AUQustine 1. Floratam: Muck grown Sand grown per 500 sq. ft. pallet per 400 sq. ft. pallet $;zSo,oD $:lltD.ðO 2. Palmetto: Muck grown Sand grown per 500 sq. ft. pallet per 400 sq. ft. pallet $ d-.4D ,00 $;}JO.oO 3. Bitter blue: Muck grown Sand grown per 500 sq. ft. pallet per 400 sq. ft. pallet $~gO .cD $~O .0 0 Bahia Unit Unit Cost 1. Argentine: Sand grown per 400 sq. ft. pallet $ ;Leo. aD VIII. ADDITIONAU EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional/Emergency Landscape Maintenance Services Bid is mandatory and must be completed by the Bidder in order for their bid to be considered. 38 BID #05-3750 _ "R,ttI,.,oke """mod< Ro,d (CR 864) (US 41 T""¡,,,,¡ 1''';1 EM! to Polly Avon",) Ro,dw,y !u2 Mwnê'z Function Mowing and Edging Unit sq. ft. Weeding (Hand removal and hand sprayed herbicide) sq. ft. Pruning (Per Section "11-0") (Removal and delivery of debris to landfill site) perhr. Fertilization (Labor for broadcasting 50 lb. bag) per bag Mulch Application (Labor for applying 2 cu. ft. bags) per bag Trash Pick-up and Removal (Bagging and disposal per hr. to a landfill of trash from landscape areas and on-site containers) Irrigation System Review per hr. Travel time per hr. Landscape Laborer per hr. Truck Operator per hr. (Class B or higher current State of Florida Driver License) Unit Cost $ IJOS $ 103 $JJ.6,cc> $ ¿,.,oD $ ;;;., DO $ /50100 $ 76.00 $ £f5,oo $ 36,OD $ <;?t:;.OO SUBCONTRACTORS TO BE USED: (In no instance may subcontractor(s) perform more than 49% of the Total Bid amount) Name-T~ hoùÇ.l:- (Spraying) Name T,..J h oc)C(' - (Irrigation) Name p\c.c(<i::.~o-J (5tc tL-\- <;.,.y.eø <3.,)..1 - 3q7 ~ Phone SS J i- 34ë l Phone .5c¡í'- J5~5 Phone Documentation enclosed: . Copy of current Landscape Contractor's License. and Irrigation Contractor's License or Unlimited Landscape Contractor's License. . Verification of current projects in landscaping /yes No /Yes No 39 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" maintenance business. · List of owned and/or leased equipment. · Documentation of minimum three (3) years experience within Southwest Florida. · Photo and/or manufacturer's brochure with specifications of street sweeping equipment provided. · Proof of M.O.T. Certification · The name and IRS W-4 form of the firm's qualifying Employee J Yes No ~Yes No J Yes No LYes No --1L- Yes No The Service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of Collier County. The undersigned does agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned does further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. I~ WITNESS WHEREOF, WE have hereunto subscribed our names on this ;¿q day of 1\bJe~~tÌ" , 2004 in the County of Co (I, ~rL , in the State of F L ' Gro¡),.Jd'l..ero(AJc9s~,...J5 Çer.jìc.-es ~c, Bidder's Complete Legal Name Circle one Partnership Phone No. FAX No. )..'34 d3Cì - g~r - ~lI7~ - SC,7 - ï'3C.S ,C¡o, ~(rfÃi- Ct/~ ( _ r Address rV~~~ FL, 3C((0C"1 ~ City, State, Zip BY: ~ s., {~çs '~g- Typed and Written Signature P(C-~I~\ Title Note: If you choose to Bid, please submit an ORIGINAL and ONE COPY of your Proposal Pages. 40 GROLTND ZERO LANDSCAPING SER'lICE INC. 1907 Fairfax Circle Naples A. 34109 .941·821·3472 941·597-7365 fux gzlS@naples.net November 8, 2004 Business Referem:!e'5: Collier County Contact - Jesse Komomy 455-7299 Jobs - Wells and Facilities Comer County Contact - Rich Trone 591.-1.61.1 Jobs - Comer County Wastewater Collections Collier County Parks and Recreation Contact - Robert George 774.8965 '" . ..... '1' '"..... . ...". - 11 -:......_ 11 ..--_.......'.11 __".._.-_..". .,___ __..._ 's_..J.v..... ......."""..1......"....... 16 B2 't 6 .~ Weiiesiy inn Nàþi8S t;oiili:aIC[ - :5Z¡[;¡IGÿ ;jc"a~i¡¡'€iîf i':;~'4iÖ4~ö JûD - HOTe¡ on ;:;t~ ave. \"'¡¡nôsor Bä~ wion}' wntact - Vince ¡'¡Ct.;ümïiSÏî ~~;¿-~o40 JûüS -~'im'ûso'Ï iSay t;ûiiOi1Y Îviai'(;o Y.Îvi.t;.A. \,;oni:acit- \.:m1uy ¡Love ~~4-~:iL<t4 ;005 j-a¡meiû iSÿ mamûü: üi¡v~ üaru&1ì ï-ie:siãürãî\i t.;ümact - ¡;eiJiJie Lüügef ;ûœ - 'Üiñ'ce \::iaroen n~-¡¡¡¡¡'Üram r€:rsonai îr1ìûnnation Aaf'ûfi i;iH)5S, U-"''ŸTl'í:r î$~. í..âiiûSCape wiiüêiCiiii¡; - miSSiSSippi ~¡a¡e ûïîï"eïSit"i ::l.;;ö::ï LiCêi1sa:a ;m·gaüvi'i ,tÑii¡¡aCi.C'¡ rí'\.........-ýi;.",-:O~ ffiüirû&~¡íi\..ïl¡ CAf.I-""ft;';íiVt: - mUíŸiii:;; Uc.¡íü;';¡¡ t..ü.iÏ\..~\,;"(,Å¡"''''''~ ;:;t;f.. ü 'OiL ~_..t...__...~__..-..;L_t ,.._~_ ""_i~Jl.~...._~_ _~.-.t ,....~~t...}_ '-'_ø_ L.!1,,!!!,-'!,-!!!!OC;::!H.Q! ~.I'Q!-G '-·~:H!!'-"'!!!!~ Q!!\.;! ! !'.n!u~ J 1!..:: 82 IIr ....1 - 11- I t . . :. , . ; ~ . - r . - ~ ~ r= ~ v.Z r :~ i ~ ~, . I -J ::U-f ;I . ~ f It -f -en . -0 in J ¡ Ii Q ÞJ:I f _ f ::u r n (~- - :0 0 1-1 CÞ . ~ ~ r .en ~ 1 r· J ¡ § ~ 1 - l .. ~ "" .1 :.. - '.../ . :. . i I ~. I . ! ¡. J :: -. ! f 16 82 ... ~- .. r 16 82 STATE Of FLORIDA ~nt of ~ anh (œSmm ~ BUREAU OF ENTOMOLOGY &: PEST CON-rROL AARON S GROSS .. .; MARVJNS GARDEN.& L~œ;SERV INC C£d, #~ ~...œPHOTO ON R£VER.SE COMMISSIONER. <" 16 82 GROUND ZERO lANDSCAPING SEVtCE INC. Equipment List 2 Exmark 62" zero turn mOWers 3 Z turn 60"· Mower 1 52" wall< behind mower 1 Kubota Tractor w 6' Bushhog 4 GMC Trucks 1 Mustang 940 Skid Steere 4 trailers 6 weed eaters 5 blowers 6 edgers 1 50 gallon spray rig 2 chainsaws .All Equipment is owned Not Leased '" COLUER COUNTY OCCUPATIONAL UCENSE: TAX UCEN16sERB ~0366 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403-2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS LiCENSE EXPIRES SEPTEMBER 30, 2005 [)ISPLA y AT PLACE OF BUSINESS FOR PUBUC INSPECTION FAILURE TO DO SO 15 CONTRARY TO LOCAL LAWS. ~ATION: 1907 FAIRFAX CIRCLE \lED: HOME OCCUPATION )INESS PHONE: 597-7315 UNTY LIC: 18632 ,~S~9AL~RM~"'^~::~;'~~-i',,,_ ,o·Of;tA:TlOJ¡¡r 0 ,.~' ,¡j;" l/ "\ , ~1"'" ~.~- V. ~....,\, ,/' ,,,,rrr '~', ';~~OUND ZERO lANDSCAPING SERVICES, INC. '¡:b jT ~.'\W~~"'"'"'; ';",~R0SS AARONS t ' ..' I"~,r- .'.. f~r'o,,\ "~'\'1 \. t ""', 1':}; , ,.:C~ 1907 'tAlRFAX CIRCLE -I ')¿ W'o, ,1i ¡ \ \, rt .;j; ;!'o/f;;::;:~:' . i : NAPlfS FL 34109 IMBER OF EMPLOYEES: 1-10 EMPLOYEES '; 1\ ,,···!(~-"';...;.t· !.", ;i\, DATE 0811012004 ASSIFICATlON1..A."iDSCAP!NG UNLIMITED CONTRACto~ ~., ~ .,4! ,:Cè'/',Ii AMOUNT 36.00 ASSIFlCATlON CODE: 02106901 \~1'.J...- ""'''Ifr!¡, """ ""!JF. .._ ,'4...°/,./ .,' RECEIPT 1301.14 s docum"" ;. an occupatio,.Ii""", tax ""~. Th. is nol œrtIfi"""" _Ii"'!' . J..I1. L:J /J U-. ,,,.. ~",.~. the 1"".....<0 ""'late a"Y e><$tinQ regulatn" zn"'n9'~.. /if tp/ t\.~ lÄAUð'YI .r does It exempt. the lIœn~ee from any c;ther license or permits that may be reqôireçHj!f')~' V ..' ,..... .._nn____.___.m.--..---. _'" ~--.--n-_---_---._----·xgl-·-..-·-·",,-'-'-'---''''- m.mW...····..· ,n-" .m._._____...... .......-.,.. .-"---' :':'"::;.:.~ lualifier CerJ:ifi&~~tlonlnformation '16 82 ?R2307 - Quë;ï.lifier Certification Ihforn¡atiön Llier County Board of County Commissioners ~plus for windows printed on 8/6/2004 4: 56: 33Pl~ ffiRT NBR ~ 18632 QUALIFIER NBR; 1.1774 A.;;RON S. GROSS L,ASS CODE; 4230 LMIDSCAPING. -UNL'IMITED CONTR" rATENBR: COUNTY COMP CARD: STATE EXP ¡,I.hB EXP 8-;.1/2005 we EXP O;gIG ISSD RENEWAL e.,''i /1998, ' "~<f:;";f . . ~st we' roŒ;MPT; Y EXPIRES 9130!2Ö05 " DBA; GROUND Z'J;:RO LANDSCAPING SE:R:YIC - OL EXEMPT: N, iillDRESS: 1.907 FAIRFAX ~IRCLE EXEMPT :E:xP J:;'?'.l'E: 8/10/2005 'J"~..: CITY::' NAPLES ';'--. F:L '34109.,.. -.~~.._-=._..-,......_-~'---,..,--- 'y -'-, ~, ,.~ ...:;~ ..Jt!~:,_ - . ;~i~.;'·;ii.~ ~... ~.'. . ~:J~':..~ ., . .,....iE. . ,'.~'. '.>...., ~- 4 .; ;..~:..-; . , . ~.. ",.,....- . ': ..; ::'; ~'/ ,.:.;/.:.. .e_ "_'''~.._''''>¡'..'''¡--'';'::-'''''-:<::'~~~':'.:~~,~;''~ ':I'E:. rt'ist4~,_qualifierts responsib:i1;i..ty' 'tö, keep all business,licensingan,q. :requirements rren t. and to 'provide lip to'· date'copiè§,fbrCòl1j" ërcòuntyf.iles~Thi.siIiCJ.v.deSà:lliri.sUraD.Ce .z:tHicates and any cha..T).ge of address iníorri:iation" ." 16 82 a Control number b Employer identification number 59-3639377 OMB No. 1545-0008 C Employer's name, address, and ZIP code 1 Wgs, tips. other compo 2 Fed inc tax withheld 3 Social security wages Form W-2 15000.00 2700.00 15000.00 GROUND ZERO LANDSCAPE SERVIC 4 55 tax wi1hheld 5 Medicare wages & tip 6 Medicare tax withheld Wage and 1907 FAIRFAX CIRCLE 930.00 15000.00 217.50 Tax NAPLES, FL 34109 7 Social security tips 8 . Allocated tips 9 Advance EIC payment Statement d Employee's social security number 10 Depdnt care benefits 11 Nonqualified plans 12a 2003 I e Employee's name, address, and ZIP code 13 14 Other 12b Statutory employee 0 I Copy B To Be Filed with Employee's AARON GROSS 12c FEDERAL Tax Retum 1907, FAIRF.~X CIRCLE Retìrzptient plan . . 0 I This infQrmation is being furnished to NAPLES, FL 34109 Third·party sick pay'''h 12d the Internal 'o' I Revenue Service. 15 Stale Employer's st<!te ID number 16 State wages. tips, etc 17 Stale income tax 18 Local wages. tips. etc 19 Local income tax 20 Locality name ~---~---------- ---------- ---------- ---------- --------- -------- FDWA0124 07/18103 Department 01 the Treasury - Internal Revenue Servic ~ -:-='..-;':"::. 7:"" ::';_=..==-~_:=.._::::::'..::_::. ~._-::-::.::- ~ ~~.,.........,... c= =-.= ~..==._=._~ - -.----.- - ----..- - - - - -.--.-.- '(f& BOI\¡tA ~ .' s. ~ FJoridss 181Ilftsl 16 B~ ~ ¡WCA) r..~ttA ..." ~ F0<VKfm9 ~r , U&.n~""'.\cJ ~I«"t., Window Cleaning $cr.Iteh & Stain Ram9nl PffiSUtQ/Staam. C.anù1g AwnIng & CanOpy CIHnfng Shutter Cleaning Caulking if,. High Rise Labor StrMt SWHlpfrt9 N.aples: 597-2525 Ft. Myers: 267-7772 Charloite: 575·7700 F-3~: 591-8188 551S Yahi Street Napl~~ FL J4109 ~, Pnrc::1""n@woridn<tu.n.n'" w.ebsÞ: _.PreGI"""c!e;m..o:;o"1 ,.'::~ -~ COVER SHEET .~~, TELEFAX TRANSMITTAL '-(':;.'",,<: PHONEI597·1365 œu.A 821-:3472 FAX # 597-7365 A'ITEN'T1œt..M1WN œoss PROJECT: C1'IY OF 'ANY:G&OUNÐ ZERO LANDSCAPING SERVICE, INC. FROM: CJ...ARENÇE BRANDT \\t"E HERæY S1.JBM{f AN TI! FOR: STREET SWEEl"ING MA!NTENANCE S'ÓliZÍ'S'WØI: M~~,j/ "~all~&Entries. PRICE PER SWEEP ... -,- - -, ," -~ - -;-.. -~ ~_..... ..: ~. ',-'~ "-0. ~_ __.~._ /'L/I.4Sð NUI'E: ABOVE l'B1ŒS ~P!Ua!S.&: WDŒ QUR SW1!1!J'!i1l YBAIt MJDt!LS ~, 'VACUUMING OYER. rotaAUStSASMUCRAS5O%Of ~t.ØSDEBBlS THAN OTHER. 1!XCEED BNWWNMENTAL :gbADSØ)Jõ NECHANlCSANÐ BASED ON fREQt.JENClES PtWPOSED; LESS FREQUENT SWEF.KN(j '\\'1U, J>RA.'mC^\.I."f SWEEPlNGW1LL~~ ,"- 2001'S. WItH BACK-t,II' OLDSR ~ -mE'l AAE I~ <1..OSEO-l.ooP ~u ~'\VI-:'F.PIN(i M.t" A, wor THE! ootM3l'l11QJ11A1.. 'V~ ~ OUR COMPFnTOft$ usv. WJ1f('U ïDE:BRISBAQ;:.QNl'U'J}'tE l'R0Pe.RTY' .QtJRSY'STEM IS {JPTO 1W%QUlnr:Jt ANt) IU:MC )VFS WJm..E OUR BIaCJ(.:PAÇJ; BI~ AJŒ 6O%QUIETfR TIIAN {JTUF.R SYSTFMS A1.1. INCLtJt)IOO THE NEW ~ 'RNIDt 0ItDINANCJ=~ Wf. STAFF, O} Rn.l. 'nMF. (r.I~·nFIf'n ~EQtJALJHG~DOWN-nwe. ATNOEXI1tA.CfWlœONANM ùf~~HUR11CUL Q'l1ŒI.<::oMPAMJ!S. BAmSWEWIU.USEOURMECHAHlCALBRi)OM~lJBHr:J\ Tt)<ìtIT1 iPMORl, ])EBlUS. SAND AND Ðœ.T. COMP~ TO 1JIE CONVENTIONAL VAC\I\IM TYPE t ISF,O "Y WE .hlŒ~.m1w}::'T PLOItIDI('S WITH LBS81&Vi l1foCENTER. WE MADITAIN ~pœþtJlJ ~. Cl.£ANINGCONTRJ\C1'Olt,. MAINT AIMNGO'YBR 120 CENIÈRS QN ^ Rf..(",{JI.AR BA."1S ;vmtINTBE 'fJt$f l' YEARS. i!QR ~. WORKERS COMPENSATION, AND BONJ:)(NG ANtI HOt.D NlIMf"R()(1,'i Ñ.J!hO'riZed . NOTE: :rID ~...,." .............. by us if_ ..:,.;,:.... ._.r.a.... . ..þ~~.~. ~l.laIns. _ ctamaQa. titIIf/«aiSIIfto ~ ~~.~~~$~d~_~=_ ..-. 30 œy:.. (No worir: WII be $I8ded unId accepIanO!! Of ~ S<:dety ....-r~ _-,=--=-_.=''':'''''''':__-;::;;-;' "':""'~=::"'::""-='-='.:.-:. --:- .. - _.-- Acceptance of Proposal First . and conditions ate '3~~"'Y and are heteby~, ThO is an annual c.antract ~ _ from yea<' to ~ with no price increaSeS. AfIN sucn Iern\ eotncI' patty . en ~ pi çarn;ellation or adjustmen!$ 10 ftequenq or price inc:re~. NM"II J..~ foar pIIàIC. . TERIIiI5~ Ner 10 ðIIyS. 1 W(,. mcnIIIy (18'10 amusI).. Date x Signature )( ----........- ----...~--- BID #05-3750 _ "Ratti".'" H...m.,k Rn"¡ (CR 864) (US 41 Twniwni Tmil Eæ;t t. P.Uy ~ von.,) Rnadway oro1,2.,,1"2 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS -X.. 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1 ,000,000 each accident -X.. 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. Bodilv Injury & Property DamaQe $1,000,000 Single Limit Per Occurrence -X.. 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) or money received on the contract price is considered as payment of this obligation by the County. lL 4. Automobile Liability Owned/Non-owned/H ired Automobile Included $1,000,000 Each Occurrence N/A 5. Other Insurance as indicated below: a) Professional Liability $ b) Builder's Risk $ 27 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" Collier County Florida Insurance Requirements (Continued) ~ 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. ~ 7. Collier County must be named as uADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. ~ 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. (9\O,}ro-J& l.eJ.V LA..-&s~,~~ C,--C¡)ICé<;..J...JC. . ;r:~ ~ ~ Signature of Bidder tJ.L P J( me (1: LS1JrAJc~ Insurance Agency c~ ~--Ø.___ Signature of Bidder's Agent 28 BID #05-3750 - "Rattlesnake Hammo~k Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway GrldQinteBc2 Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · Bid Number · Bid Title · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDSJRFPS MUST HAVE THE BIDJRFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. ~\Ojl0& ~'D l~gC~I~~ ~6V:CEÇ Lc:..; '':!fpany Narw J.z., p IV:; . ~ê& I;~ 11'- J.or -0'-( Uate 29 ACORD.. CERTIFICATE OF LIABILITY INSURANCE E IMMlDDIYYYY) GROUZ-l 2 22 OS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Ai pUr,mQrt Xnsurance. Xnc. 3340 Bee Ridge Road Sarasota FL 34239 phone:941-924-3808 Pax:941-924-8799 INSUReD Gro~d Zero Landscaping Serv:Lce" Inc. 1907 ra~rfax Cir Naples rL 34:109 COVERAGES INSURER A: INSURER B; INSURER C: INSURER D: INSURER E; Cincinnati Xnsurance Co NAlC# 10677 INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ! AN'( REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOfl,QED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ~~ TYPE OF INSURANCE POUCY NUMBER PJ;¡.Y!fI', IPDUC~ LIMITS OATE MMIDD/YVI DATE'IM D ~IiRAL LIABIUTY EACH OCCURRENCE $ 1000000 A X COMMERCiAl GENERAL LIABILITY CAP54202J40 08/01/04 08/0:1/05 PREMISES lEa DccUrence} S 100000 1 CLAIMS MADE ~ OCCUR MED EXf' (Anyone pel15On) S 5000 PERSONAL & ADV INJURY S 1000000 I-- GENERAL AGGREGATE $ 2000000 rrAGGREn LIMIT APnS PER: PRODUCTS - COMPtOP AGG $ 2000000 POLICY ~~ LOC AUTOMOBILE UABlLllY COMBINED SINGLE LIMIT - $ ANY AUTO (EB accident) f-- AU. OWNED AUTOS BODILY INJURY - S SCHEDULED AUTOS (Per penICn) I--- HIRED AUTOS BODILY INJURY - 5 NON..QWNEO AUTOS (Per accicllllll) - - PROPERlY DAMAGE 5 (Per accldlllll) GARAGE LIABILITY AUTO ONLY· EA ACCIDENT $ R ArfY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSNMBRliLLA UABIUTY EACH OCCURRENCE S 2000000 A ¡] OCCUR 0 ClAIMS MADE CCC4477613 08/01/04 08/01/05 AGGREGATE $ 2000000 s ~ DEDUCTIBLE 5 X RETENTION 50 $ WORKERS COMPEN8Aì10N AND 1rB'~lû~1¥š I IU~ EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ - , OFFICERlMEMBEREXCLUIJED? -- . -- - -- . - ~ -- - -- ' -ë,\;:-DISE¡L"~E. ëA-EtI.:>LOYEE -$-- .. ' If prc. de5ç~be under S ECIAL PROVISIONS belOW E,L. DISEASE - POLICY LIMIT S OTHER DESCRlP110N OF OPERATIONS f LOCAnONS fVl!lilCLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Job #053750 I8LrL oS -'375/J Collier COUDty Board of County Commissioners Attn: Janice - purchasing Dept 3301 B. Tamiami Trail Naples rL 34113 ACORD 25 (2001108) CANCELLATION COLLIER SHOULD ANY OF THE! ABOVE DESCRIBeD POLICIES BE CANCELLED BEFORE THE EXPIRAT DATI! THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTE' NonCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHAI IMPOSE NO OBLIGAì10N OR LIABILITY OF ANY KIND UPON THE IN5UfteR,ITIS AG~TII OR REPftSSENTAì1Ves. A RlZEtI RiP. ES CERTIFICATE HOLDER 16 82 ~COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239)774-8446 FAX (239) 732-0844 www.colliergov.net ADDENDUM DATE: November 30, 2004 TO: Interested Bidders FROM: ~ Brenda Brilhart Purchasing Agent SUBJECT: Addendum # 2 - Bid #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" Addendum #2 covers the following change for the referenced Bid: The following clarifications are issued: It was found that Street Cleaning was listed twice on the Proposal pages: once in Section I, Basic Maintenance Functions and under Section II Site Specific Maintenance Functions, Item H. Therefore, on page 33 of Proposal pages, of Addendum 1, delete the following duplicate line item: H. STREET Cleaning (a) Total Cost $ Function Streot Cleaning Qty. Unit 52 Ea. Unit COGt $ SUSTOT AL Street Cleaning $ Any package received that includes this line item with unit pricing will not have that unit pricing included in the base bid total. NOTE: Words ctruck through have been deleted, words underlined have been added. cc: Pam Lulich, RLA, Project Manager 16 82 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239)774-8446 FAX (239) 732-0844 www.colliergov.net ADDENDUM DATE: November 22,2004 TO: ' Interested Bidders FRO~ Jsrenda Srilhart -" Purchasing Agent SUBJECT: Addendum # 1 - Bid #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" Addendum #1 covers the following change for the referenced Bid: The following clarifications are issued: 1) Selected Contractor will submit via email written weekly schedule of maintenance to Project Manager per site location. 2) Page 7, Section B, Paragraph 1 - Clarification was requested on how the contractor is supposed to field observe irrigation system - field observation will be done by noting dry areas, dry spots and any other indications of irrigation deficiencies. 3) Page 8, Section F, Street Cleaning-Sweeping - On the Proposal Pages, this Section shall be divided into: Street Cleaning and Street Sweeping (Alternate). Street Cleaning shall be included in contract and service provided on a weekly basis. Street Sweeping is to be provided as an alternate and on an as-needed basis. 4) Section F page 19, in Sentence 1 - remove all reference to subsurface irrigation and omit paragraphs subsurface irrigation system 1 and 2. 5) On page 20, conventional pop up sprinkler system sentence one, omit the words "and minor system repairs". 16 82 6) Square footage prices were provided in the bid schedule for key project areas. The contract includes mowing along the edges of the right of way where Bahia is planted. If it is not in the contract, it is listed "by others" on the Project Area Matrices on page 23-25. The Bidders are required to measure and familiarize themselves with these areas prior to bidding. The estimates provided are to be used as a guide. 7) Page 31, Section I, Basic Maintenance Functions, Function F - Change "Street Sweeping" to "Street Cleaning". 8) Page 32, C, under Groundcover, Shrubs & Trees, Insecticides & Fungicides - change to "12" applications instead of the "2" sited. 9) Page 33, A. Trash Receptacles - quantity should be "52" and Unit should be "Each". 10) Page 33, Alternate V, add Item B, Street Sweeping - Quantity "1", Unit should be "Each". 11) Replace the Contract Proposal Pages 31-33 from the original package with the attached revised Proposals pages. Bidders must use the Addendum Proposal Pages in order to be considered for award. If you require additional information please call Pam Lulich, Alternative Transportation Modes Department at 239n74-8494 or me at 239/774-8446 or by e-mail atBrendaBrilhart@colliergov.net. cc: Pam Lulich, RLA, Project Manager Encs: 2 BID #05-3750 . "Rßtt!=>ù<, lImnmod Rood (CR 864) (US 41 T omimni Trnil E'" to Polly A ","n,) Roadw.y Groun! M2ton..B 2 I. SECTION I. BASIC MAINTENANCE FUNCTIONS Cost to perform basic maintenance functions as follows: Function Qty. Unit Unit Cost Total Cost A. Mowing & Edging 52 Ea. $ $ 8. Irrigation Systems 52 Week $ $ C. Weeding 52 Ea. $ $ D. General Site Pruning 52 Ea. $ $ E. Trash Removal 52 Ea. $ $ F. Street Cleaning 52 Ea. $ $ SUBTOTAL Section I (Annual costs): $ SUBTOTAL Section I (Divided by 12 months) Monthly Total $ II. SECTION II SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING Function Qty. Unit Canopy Trees - April and September: Crape myrtle 3 Ea. Cut White Geiger 41 Ea. Cut Live oaks 51 Ea. Cut Silver Buttonwood 84 Ea Cut Black Olive 'Shady Lady' 7 Ea Cut Yellow Elder 4 Ea Cut Cattley guava 29 Ea Cut Unit Cost Total Cost $ $ $ $ $ $ $ $ $ $ $ $ $ $ SUBTOTAL Canopy Trees $ Palms - June: Alexander Palm Florida Royal Palm Foxtail palm (Self Cleaning) Florida Thatch Palm 22 28 65 29 Ea. Cut Ea. Cut Ea. Cut Ea. Cut $ $ $ $ $ $ $ $ SUBTOTAL Palms $ 31 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tarniarni Trail East to Polly Avenue) Roadway Grounds Maintenance" B. FERTILIZATION (County will supply granular fertilizer) Function Qty. Unit Unit Cost Total Cost Turf, Groundcover, 440 Bags Shrubs and Trees Ea. $ $ Perform Sequestrene Iron Drench Application 4 Ea. $ $ 20-20-20 with Ferromec 6 AC 13-0-0 plus 6% iron (Optional) Ea. $ $ SUBTOTAL Fertilization $ C. ORNAMENTAL AND TURF SPRAYING Function Qty. Turf Area: Insecticides & Fungicides Herbicides Unit Unit Cost Total Cost 12 6 Ea. Appl. Ea. Appl. $ $ $ $ Groundcover, Shrubs & Trees: Insecticides & Fungicides 12 Herbicides Ea. Appl. Ea. Appl. $ $ $ $ 6 SUBTOTAL Spraying $ D. MULCHING Function Qty. Unit Organic Application 7, 271 Bags Ea. (2" mulch, 2 cU.ft. bags) Unit Cost $ Total Cost $ SUBTOTAL Mulching $ E. LANE CLOSURE - Maintenance of traffic to be included in unit pricina F . IRRIGATION SYSTEMS (Section 2 - "F") Pop-Up 52 Week $ $ SUBTOTAL Irrigation $ G. PRESSURE CLEANING BRICK PAVERS Paver Cleaning 6 Ea. $ $ SUBTOTAL Pavers $ 32 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) RoadwaloCs MaBr2e" PROPOSAL (CONTINUED) H. STREET Cleanina (a) Function Street Cleaning Qty. 52 Unit Ea. Unit Cost $ Total Cost $ SUBTOTAL Street Cleaning $ III. SUMMARY OF ANNUAL COSTS Basic Maintenance Functions (Subtotal Annual Costs) $ Site Specific Maintenance Functions for: Canopy Tree Subtotal ( x 2) $ Palm Pruning Subtotal $ Fertilization Subtotal $ Ornamental and Turf Spraying Subtotal $ Mulching Subtotal $ Lane Closure Included in Pricing Irrigation Systems Subtotal $ Brick Pavers, Sidewalk & Decorative Paving Subtotal $ Street Cleaning Subtotal $ IV. TOTAL BASE BID (Written Amount) $ V. ALTERNATE A. TRASH RECEPTACLES Function Qty. Receptacle Service 52 B. Street Sweeping 1 Unit Unit Cost Total Cost each $ $ Total $ each Subtotal $ 33 16 82 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST T AMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8446 FAX (239) 732-0844 www.colliergov.net DATE: November 3,2004 TO: Prospective Bidders FRO' .~ Brenda Brilhart ~ Purchasing Agent RE: BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" The Board of County Commissioners, Alternative Transportation Modes Department, desires to receive proposals for the above-referenced services. Please refer to the Public Notice contained in the enclosed proposal package for the time, and date of the mandatory Pre-bid Conference and the Opening of this Bid. In instances where the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of his bid. If you have any immediate questions regarding the specifications or intended work, you may contact Pam Lulich, Alternative Transportation Modes Department at 239/774-8494. If you have procedural questions, you may contact me at 239/774-8446 or bye-mail at Brenda B rilhart@colliergov. net. Information on this bid may also be found on our website www.colliergov.netlpurchasing. We look forward to your participation in this bid process. cc: Pamela J. Lulich, RLA, Project Manager Darryl Richard, RLA, Project Manager Roger Dick, Project Manager Bob Petersen, Project Manager NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. 16 BID #05-3750 -"Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" B.,""·i ""'. ~t~1.# NON-BIDDER'S RESPONSE BID #05-3750 For purposes of maintaining an accurate bidder's list and facilitating your firm's response to our invitation for bid, we are interested in ascertaining reasons for prospective bidder's failure to respond to invitations for bids. If your firm is not responding to this bid, please indicate the reason(s) by checking an appropriate item (s) listed below and return this form to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112. Please indicate "NO BID" on the outside of the envelope. We are not responding to this invitation for bid for the following reason(s): o Items or materials requested not manufactured by us or not available to our company; o Our items or materials do not meet specifications; o Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, Quantities too small, or o Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) By: FAX ( ) Signature of Representative 2 BID #05-3750 ."Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenl,,6 B 2 PUBLIC NOTICE Sealed proposals for BID #05-05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance will be received at the Collier County Purchasing Director's Office, 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112, until 2:30 p.m., Collier County Time on November 30, 2004. BID #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" A mandatory pre-bid conference to discuss this bid will be held by the County Purchasing Director on November 18, 2004 at 10:00 a.m., in the Purchasing Department Conference Room of the Purchasing Building, 3301 Tamiami Trail East, Collier County Government Center, Naples, FL 34112. In instances where the County has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the rejection of his bid. Any questions regarding these specifications or intended work may be directed to Pam Lulich, Alternative Transportation Modes Department, 239/774-8494. All bids shall be made upon the Official Proposal Form attached to the specifications, which may be seen at the Office of the Purchasing Director, and which may be had by bona fide bidders. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ STEVE CARNELL Steve Carnell, CSM Purchasing and General Services Director Publicly posted in the lobby of the Purchasing Building on November 3, 2004. 3 BID #05-3750 -"Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" 16 82 GENERAL BIDDING REQUIREMENTS 1. All bids must be made on the proposal form furnished by the County. No bid will be considered unless the proposal form is properly signed. 2. Vendors must provide unit prices any time unit prices are requested in the units requested. These unit prices must be proper and balanced so as to allow fair adjustments in quantities as required by the County. All prices will remain firm for a period of ninety (90) days from date of bid opening. 3. Any transportation and/or any other charges incurred in delivering the product as specified must be included in the bid price. FOB destination shall apply unless exception is made in the specifications. 4. Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. 5. Proposers taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the proposers intent to fully comply with the specifications as written. 6. The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed to all parties who received the original bid specifications and are eligible for consideration prior to the deadline for submission of proposals. 7. The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. 8. All bids shall be in the hands of the County Purchasing Director, Collier County Government Complex, Purchasing Building, Naples, FL 34112, by the date and time as stated in the Legal Notice. No late bids can or will be accepted. 9. All bids must be placed in a sealed envelope, and plainly marked as follows: (1) The date and time of receipt of the bids by the County Purchasing Director. (2) The number of the bid and the bid title for which the bidder submitting the bid. However, under no circumstances shall any part of, or pertaining directly to the bidder's offer, be exposed on the outside of the bid offer. Special Note: All bids sent by courier service must have the bid number and title on the outside of the courier packet. 10. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21- 07-01995-53C) upon contract award. Corporations, individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual agreement to be made with Collier County. By submittal of a properly executed response to a bid proposal from Collier County, Florida, the bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a bid proposal from Collier County, Florida, the bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. 11. Tangible personal property purchased by Contractors in the performance of realty construction for the County is taxable, though the County is exempt on its own purchases. 12. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification, the County will give local vendor preference. 13. Permits. Licenses. Taxes: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. 14. The County reserves the right to accept item or group of items of this bid, unless the bidder qualified his bid by specific limitations. 15. The County reserves the right to award any item or groups of items to more than one vendor on any bid unless otherwise noted in the bid specifications. 16. Alternate bids will not be considered unless authorized by the Invitation for Bids. 4 16 82 BID #05-3750 _ "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" 17. Bidders on any construction project must be qualified and directly responsible for 30% or more of the Bid amount for said work. 18. Payment will be made by the County within thirty (30) days from receipt and acceptance by the County of delivery of the bid items or receipt of invoice for same, whichever is received later. 19. Any Contractor who is a recipient of County funds, or who proposes to perform an work or furnish any goods under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age race, color, sex, religion, national origin, disability or marital status nor otherwise commit an unfair employment practice. 20. For bidders who wish to receive copies of bids after the bid opening, the County reserves the right to recover all costs associated with the printing and distribution of such copies. 21. Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11 :00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. 22. Bid award selection criteria is as follows: a. All questions on the Proposal Page shall be answered as to price(s), time requirements, prompt payment terms [discounts], required document submissions and acknowledgment of addenda received. b. Award shall be based upon the responses to all questions on the Proposal Page. C. Further consideration will include but not be limited to references, completeness of bid response and past performances on other County bids/projects. d. Prices will be read in public exactly as written on the Proposal Page at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper answer. 23. Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 24. All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied...either individually or collectively...about a project for which a firm has submitted a proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or their agent shall contact any other employee of Collier County with the exception of the Purchasing Director. 25. The Contractor shall employ people to work at County facilities who are neat, clean, well-groomed and courteous. 26. If the bidder should be of the opinion that the meaning of any part of the Bidding Document is doubtful, obscure or contains errors or omissions he should report such opinion to the Purchasing Director before the bid opening date. 27. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late proposals shall be returned unopened, and shall not be considered for award. 5 C¡' BID #05-3750 -"Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Ground~a2nancß 2 BID #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" These specifications are intended to provide the information by which prospective bidders may understand the minimum requirements of Collier County relative to entering into a Contract to furnish, deliver and provide services related to Grounds Maintenance for Collier County Arterial Road Rights-of-Way within the boundaries of "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue). All sections of the General Specifications may not be applicable to all roadways listed. SCOPE OF WORK The work covered by this Contract requires a weekly and monthly servicing of roadway areas designated as Work Area No. 1 as described in the specification. This requires the furnishing all labor, equipment, materials and services necessary to satisfactorily perform grounds maintenance, as determined by the Contract Manager or the designated Owner's Representative as follows, If the project's weekly services require more than one (1) day per week, then the weekly services shall be performed on consecutive days. LOCATION AND DESCRIPTION OF WORK AREAS Work Area No.1: The areas of work included in these specifications are located as described below and/or as shown on the plans attached to these specifications to include sidewalks, curbing, landscaping, irrigation observation as described in this contract, CAT benches and shelters, being described as follows: Rattlesnake Hammock Road (US 41 East- Polly Ave.) a) Improved medians 1-16. b) All right-of-way edges indicated from US41 E - Polly Ave. SECTION I. BASIC MAINTENANCE FUNCTIONS A. MOWING AND EDGING Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties that are not currently maintained by the property owners. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to the County. Grass shall be cut at a height of three and one half inches (3 ~"). The frequency of cutting will be weekly or fifty-two BID #05-3750 - "Ratti",,,,>!,, Hænmo,k ROM (CR 864) (US 41 Twniwni T,,¡¡ E'" to Polly A vooo,) Roadway owund!'i2..."B 2 (52) times annually for Work Area NO.1. The number of mowings may be-modified by the Contract Manager or by seasonal weather conditions at the Contract Manager's discretion. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty- one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical. metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. IRRIGATION SYSTEMS Collier County will maintain the reclaimed water sign age. The landscape Contractor shall observe the irrigation system as it pertains to plants and spray coverage and report any observed field problems when they occur. It is the responsibility of the Contractor to notify the Collier County Irrigation Project Manager. C. WEEDING Weeding of plant beds, sidewalks (asphalt, concrete or paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. D. GENERAL SITE PRUNING For this site, general site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. All groundcovers, shrubs, canopy trees and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to maintain the proper or 7 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" , required heights for visibility, vehicular movement purposes and desired shape or form as determined by the Contract Manager or the Owner's Representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first weeks of October and April, ornamental grasses, such as Fountain, Muhly grass, Florida Gama or Fakahatchee grass shall be pruned at its base to remove any old growth. The grasses shall not be cut in a flat top method. Ornamental type grasses such as Liriope muscari 'Evergreen giant', shall only be pruned at the direction and approval of the Contract Manager or Owner's Representative. Plant material with a canopy over pedestrian or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120")/ten (10) feet. Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1 ') of clearance from the edge of the pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. E. TRASH REMOVAL With each service, all site areas shall be cleaned by removing all trash or debris to include, but not be lirl)ited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-up shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Proposal Price. F. STREET CLEANING/SWEEPING Street Cleaning A four-foot (4') wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned with each site service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Street Sweeping with Mobile Vacuum Equipment (Alternate) A mobile self-contained vacuum sweeper, equipped with bottom, side and edge brushes, including a water spraying system to reduce dust, is a minimum requirement to perform the street sweeping function. All debris collected must be dumped at a proper landfill or disposal site. Photo(s) and/or manufacturers brochure with specifications of this equipment (either owned or subcontracted). must be supplied with this Bid-Submittal. G. TRAFFIC CONTROL The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy. copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the County MOT policy requirements prior to submitting a bid. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to 8 BID #05·3750 - "Ratti,,,,,,,, Hmmnocl< Ro,d (CR 864) (US 41 Twniwtt1 Tmil E",,,o Polly A mu,) Ro"'way GwoU",,,,B 2 become familiar with their requirements. Strict adherence to the~requirements of the MOT policy will be enforced under this Contract. ~ To assist in employee visibility; approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. ~ A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. H. GENERAL MAINTENANCE REPORT SHEETS The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The Report Sheets should be signed and submitted on a monthly basis to the Owner's appointed representative for review and approval as to completeness. The General Maintenance Report Sheets are required to be signed by the Contractor and submitted prior to monthly billing and payment. The Contractor will also be required to conduct on-site inspections with the Contract Manager or Owner's Representative on a monthly basis to verify satisfactory completion of Contract requirements. The original forms for the report sheets will be provided to the Contractor for his reproduction purposes. I. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES 1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Contract Manager or Owner's Representative, they shall be replaced at the Contractor's expense. 2. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. 3. It shall be the Contractor's responsibility to notify the Contract Manager of any maintenance problems or additional maintenance needs. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Contract Manager prior to performing additional services. 5. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Contract Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. 6. The Contractor shall have radio, cellular phone and/or beeper equipment for on-site and off site communication in order to communicate with the Contract Manager. 9 BID #05·3750 " "RattI,,,,,,", lIammock ROM (CR 864) (US 41 Tmnimni Tmil EM' to Polly A v,"",) Rmulway Gm"n!2n..'~ 2 J. CREW SIZE/MAN-HOURS Contractor shall provide with each site visit a minimum crew size of five (5) personnel with each weekly service of the work areas. The Bidder shall provide in the Contract Proposal the estimated number of on-site man-hours per week the Contractor will be providing to satisfactorily perform the requirements of this Contract. K. ACCIDENTS OR THEFTS The Contractor shall be responsible each week to contact the Contract Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should accidents or thefts occur, the Contractor shall photograph the damage or loss and provide that photo the Contract manager at no additional cost. Should assistance be requested by law enforcement, emergency personnel or others, the cost shall be included in the Contract unless otherwise approved by the Contract Manager. L. RESPONSE TIMES On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Contract Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. M. NON-PERFORMANCE In the event the Contractor fails to perform any required services within the time schedules set forth under this Contract, the County reserves the right to obtain substitute performance. Further the County reserves the right to deduct the cost of such performance from the Contractor's monthly payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager in writing, prior to any delays or as a result of an Act of Nature. The Contract Manager reserves the right to deduct portions of the monthly invoiced amount for items not completed within the expressed time frame, even if the County did not obtain substitute performance. These funds would be forfeited by the Contractor. The County may also deduct or charge the Contractor for services or items necessary to correct the deficiencies directly related to the Contractor's non-performance. N. CONTRACT PERIOD This Contract shall commence upon receipt of a "Notice to Proceed" letter from the Contract Manager, and will remain in effect for one year. O. RENEWAL TERMS This Contract may be renewed at the option of the County, with the consent of the Contractor, on an annual basis for three (3) additional one (1) year periods. Increases for 10 _._---',--_.".,-,,-"._-_.. J.6 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" the renewal periods shall not exceed the Consumer Price Index (CPI) for the previous twelve (12) month period and must be requested in writing by the Contractor. P. CONTRACT TERMINATION The Contractor agrees that the County/Contract Manager shall be sole judge of non- performance. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County per the Contract and Specifications or for any of the following reasons, the County may terminate this Contract immediately: 1. Inability, for any reason, of the Contractor to perform requested service requirements. 2. Work that is not performed on a level consistent with the industry standards. 3. Services not rendered within a reasonable time after notification by the Contract Manager. 4. Non-compliance with any portion of this Contract. 5. Immediately for cause. 6. The County may also terminate this Contract for convenience with a seven (7) day written notice. Q. CONTRACTOR'S EMPLOYEES Employees of the Contractor shall be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees and Collier County requires the Contractor to remove any employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. R. CONTRACTOR'S MEETING ATTENDANCE During the Contract Period, the Contract Manager or Advisory Committee if applicable, may have questions concerning maintenance issues. The Contractor shall be required to attend monthly meetings and other special meetings that the Contract Manager should require. There shall be no additional charge for attendance at these meetings. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Proposal Page shall be deducted from the monthly billing of the Contractor against the Contract total. S. BILLING Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Contract Manager on a monthly basis by the Contractor for services rendered for that prior month. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with 11 ..--."""',-.-.-.- BID #05-3750 - "Ratti".", lUunmod Rowl (CR 864) (US 41 T """wn1 Tmil_ to Polly Av,,"",) Rowlw.y Groun~ ,§""",,,ª.2 Section 218.70, Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. T. METHOD OF AWARD The general criteria that will be used for the evaluation of this Bid is set forth in the General Bidding requirements along with the responses as stated on the Bid Proposal Pages. Award of Bid shall be made to the lowest, qualified and responsive Bidder(s). The Collier County Board of County Commissioners shall be the final judging authority as to which Bid best suits the needs and interestd of Collier County. As a result of Collier County's substantial investment in the project's landscaping, the responsive Bidder shall: 1. Provide copy of Landscape Contractor's and Irrigation Contractor's License or Unlimited Landscape Contractor's License in Collier County. 2. Provide verification of current projects in landscape maintenance business. 3. Provide documentation of minimum of three (3) years' experience in landscape grounds maintenance within the Southwest Florida area. Such documentation shall include but is not limited to: a. Project description; b. Time of performance; c. Names and phone numbers of individual references familiar with the Bidders' project performance; d. Area included in "Scope of Work". 4. Provide a list of owned and/or leased equipment to include, but not be limited to: a. Date of Manufacture; b. Condition; c. Whether owned or leased; d. If leased, date of lease expiration. 5. Contractor shall provide the name, IRS W-4 form and proof of certification of the firm's employee qualifying the firm to meet Collier County's Maintenance of Traffic policy requirements. If the documentation noted above is not submitted with the Bid Proposals. such Bid will not be considered. U. VENDER PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end,. Vendors will be evaluated on their performance upon completion/termination of agreement. 12 BID #05·3750 - "lWtl,,,,,,¡,, Hammook Ro,d (CR 864) (US 41 Twniwni Tmil ea" '" Polly A "nue) Ro.ww"Y 109, Mai~n"" V. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. W. SAFETY All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. X. CONFLICT OF INTEREST Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. SECTION II. SITE SPECIFIC MAINTENANCE FUNCTIONS SITE SPECIFIC SPECFICIA TIONS FOR: Roadway Name Rattlesnake Hammock Road Project Work Areas Medians 1-16 & RIW Areas A. CANOPY TREE AND PALM PRUNING Canopy trees shall be defined as any large shrub, tree or palm with foliage above a ten foot (10') height. All canopy trees and palms shall be pruned on a regular schedule to create and maintain a fifteen foot (15') canopy clearance over the roadways and a ten foot 13 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" (1 G') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September to thin the interior canopy of cross branching and to shape the canopy of the trees. A professional licensed to prune trees under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and shaping and shall be approved by the Contract Manager. The work shall be done in a professional manner in accordance with ANSI 300, Part 1, 2, & 3. Pruning Standards. Palms shall be pruned annually (once) during June of each year at the discretion of the Contract Manager. The palms shall be pruned to a "Tropical Cut" or to remove lower fronds at a nine (9) o'clock - three (3) o'clock level from the base of the palm's bud or trunk. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds removed from the palm. Fronds shall be cut close to the petiole base without damaging living trunk tissue. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left in a clean and neat manner. Under story plantings under palms being pruned shall be protected. Any damaged materials shall be replaced by and at the expense of the contractor. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed pursuant to the County M.O.T. Policy. B. FERTILIZATION The Contract Manager reserves the right to change the fertilization schedule and formulation as needed to meet special turf or plant needs or other unforeseen conditions which may develop. Adjustment for per bag application costs will be added or deleted per the Unit Cost as indicated on the Proposal Page. All bagged fertilizer will be purchased by Collier County under its Annual Contract and coordinated with the Contractor for delivery purposes. Prior to fertilization application, notification to the Contract Manager is required to allow for inspection of all bags. The Contractor may be required to pick up the fertilizer within Collier County. Cost for pick up, if necessary, and labor for placement, shall be included in Unit Cost/Bag as indicated on the Proposal Page. Granular fertilization of shrubs and groundcovers shall be applied by broadcasting by hand in a minimum twelve inch (12") radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a minimum thirty-six inch (36") radius ring around the base. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one inch (1") caliper. Shrubs shall receive one (1) cup per three foot (3') of height or spread. Groundcover shall receive one-half (%) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. 14 BID #05·3750 . "R""I,,,,,",, H""""ook Rood (CR 864) (US 41 T"",huni T mil E,.,¡ to PoJly A v,,"",) Roodway Gro~nRaiuJ!2 St. Auaustine "Floratam" Grass Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the recommended rates seven (7) times per year as set forth in the following schedule. Months Formulation Application Rates December 21-0-0 February 15-5-15 (SR) April 0-0 22 So-Po-Mag May 15-5-15 (SR) July 13-3-13 (SR) September 0-0 22 So-Po-Mag October 15-5-15 (SR) Shrubs. Groundcovers. Palms and Trees 4.5 Ibs. / 1,000 sq. ft. (6 bags) 6.5 Ibs. / 1,000 sq. ft. (9 bags) 10.0 Ibs. /1,000 sq. ft. (13 bags) 6.5 Ibs. / 1,000 sq. ft. (9 bags) 7.0 Ibs. - 1,000 sq. ft. (9 bags) 10.0 Ibs. / 1,000 sq. ft. (13 bags) 6.5 Ibs. / 1,000 sq. ft. (9 bags) Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and poured into the tree grate slot openings. Months Formulation October 8-1 0-1 0 February 8-10-10 (65 Foxtails) 0-0-22 So-Po-Mag April 0-0 22 So-Po-Mag May 8-1 0-1 0 July 8-1 0-1 0 (65 Foxtails) 0-0-22 So-Po-Mag September 0-0 22 So-Po-Mag Application Rates 1 lb. Per 3' Ht. Spr. 1 lb. Per 1" Cal. (81 bags) 1 lb. Per 3' Ht. Spr. 1 lb. Per 1" Cal. (81 bags) 1 lb. Per Inch, 8 Ibs. Max. (6 bags) 10.0 Ibs. / 1,000 sq. ft. (18 bags) 1 lb. Per 3' Ht. Spr. 1 lb. Per 1" Cal. (81 bags) 1 lb. Per 3' Ht. Spr. 1 lb. Per 1" Cal. (81 bags) 1 lb. Per Inch, 8 Ibs. Max. (6 bags) 10.0 Ibs. / 1,000 sq. ft. (18 bags) Four (4) applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon will be applied during the months of March, June September and December. The application is to be a drench, at the root zone of all Bougainvillea, Juniper, Liriope, Allamanda, Iris, Ixora or any plants subject to iron deficiencies as determined by the Contract Manager. 15 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadwakrgds MBe2e" Six (6) applications of 20-20-20 at ten (10) pounds of 'material per one hundred (100) gallons of water with Ferrmec AC 13-0-0 plus 6% iron at one third (1/3) gallon of material per one hundred (100) gallons of water. (Optional at the request of the Contract Manager) C. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas within Areas 1 is included in the Contract. Project Area Medians #1 through #16 & RIW Areas Sod Area SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF Roadwav Name Rattlesnake Hammock Road Median 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Bed Area 2,061.93 SF 3,092 SF 3,190.34 SF 574.04 SF 8,890.81 SF 5,490.46 SF 2,782.72 SF 3,332.94 SF 410.94 SF 5,238.71 SF 5,538.28 SF 5,624.95 SF 2,597.2 SF 3,456.61 SF 5,180.03 SF 9,148.74 SF o 5,432.38 O· o o o o o o o o o 2,775.12 9,993.54 15,868.34 31,135.24 TOTAL 66,610.70 SF 65,204.62 SF It is estimated that the turf, street tree planting area, and plant beds cover approximately one hundred fifty-two thousand four hundred eighty square feet (152,480 SF). Applications shall be made the day following irrigation when plant material is dry. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas shall be watered. Fertilizers shall be removed from curbs and sidewalk areas to avoid staining. All applications shall be made during the first week of the month. Applications shall be made to turf the day following irrigation when grass blades are dry. In areas where applicable, immediately after the fertilizer is applied, the sprinklers shall be activated for thirty (30) minutes to bring organic fertilizers to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing Iron shall be removed from curbs to avoid staining. ~ ",--_..-."-', ... -~......_._-,._"_.,,....~ 16 BID #05-3750 - "R""¡o""¡œ H="k Rood (CR 864) (US 41 Twniami Trni¡ E'" to Polly A "nliO) Roodw.y G!~n!2 1. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Contract Manager: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Contract Manager. c. Current Contractor's Occupational License for Pest Control Service. 2. The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. 3. The Pest Control Firm shall make on-site inspections and provide written reports to the Contract Manager once per month. 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. a. Insecticides should be alternated from time to time to prevent an insect resistance to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Herbicides shall not be applied when the temperature exceeds eighty-five (85) degrees. d. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. e. Spray applications shall be applied during times of "No-Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3000) pounds will be allowed within or on the median areas. g. At time of application, provide and place, traffic control meeting Florida Department of Transportation, M.U.T.C.D and Indexes and the County MOT. h. All spray applications shall contain a wetting agent within the mix when recommended by the label or Contract Manager. 5. Rate of Application: All chemicals shall be app~ied at the rates recommended on the manufacture's labels. 17 16 B2 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" 6. Materials List: All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Manager for review and approval. All chemicals used shall be approved for use by the Environmental Protection Agency for it's intended use and area of use. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. Ferrmec AC 13-0-0 plus 6% iron at one-third (1/3) gallon of material per one hundred (100) gallons of water to be added with each application of insecticide, fungicide and herbicide. a. Turf Areas: Insecticides & Fungicides - Twelve (12) applications on an as needed basis. Herbicides - Five (5) applications, to include Pre-emergent in February and September, Post-emergent in November, January and March or on an as needed basis b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides - Twelve (12) applications on an as needed basis. c. Bed Areas: Herbicides - Five (5) applications, Pre-emergent in February and September, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: When it becomes necessary for the Contractor to return for additional spraying as directed by the Contract Manager due to non-performance of a required application, such additional spraying shall be performed at no cost to the Owner. D. MULCHING Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Labor cost for weeding, hand grading and placement of new mulch shall be per the Unit Cost indicated on the Proposal Page. Non-Organic Mulch Landscape areas to receive non-organic mulch such as washed shell or gravel shall have the mulch placed to a three inch (3") non-compacted depth. Re-mulching or top dressing of non-organic mulch areas shall be performed to ensure a three inch (3") depth is maintained. Equipment and labor cost for the weeding, hand grading and placement of non-organic \Tlulch shall be per the Unit Cost indicated on the Proposal Page. 18 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" 16 ·B2 Re-mulching of plant beds and individual plant mulch rings shall have a two inch (2") non- compacted layer of mulch applied during the months of November and May. Prior to the re-mulching the Contractor shall turn, mix and, if required, remove a one foot (1 ') wide three inch (3") deep area of mulch and dirt from behind the back of curb around all medians. Labor costs for weeding, turning, mixing, and removal of the existing mulch and for placement of new mulch shall be per the Unit Cost indicated on the Proposal Page. Mulch shall not be placed over valves or valve boxes that are located within mulched areas and shall not be placed near or on the trunks of shrubs, trees or palms. General Mulch material shall be purchased by Collier County under an Annual Contract and coordinated with the Contractor for delivery purposes. E. LANE CLOSURE Lane closure for median maintenance shall be limited and pursuant to the County MOT Policy. Upon approval of a MOT Plan and proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. F . IRRIGATION SYSTEM This project site has subsurface irrigation and conventional pop-up sprinkler systems. All services listed under Section "II, F", shall be covered in the Contract Proposal item "Irrigation System" cost under Specific Basic Maintenance Functions. Subsurface Irrigation Systems: ~ No excavation or mechanical metal blade edging around plant beds shall be done within these medians. Mechanical metal blade edging is permitted along the back of curbing. ~ Contractor shall provide on call services to this project upon request of the Contract Manager regarding problems with the subsurface systems. Contractor shall maintain on staff at all times a porous pipe system trained or subsurface system technician, approved by the Contract Manager, for maintaining the systems. The irrigation system maintenance is defined below. All maintenance will be conducted through Collier County in-house irrigation maintenance. The County may request general irrigation maintenance work on an as-needed basis and outlined in the following specifications. All services listed under this Section shall be covered in the Contract Proposal item "Irrigation System" cost under Specific Maintenance Functions. 19 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway16 MaiR~" Conventional Pop-Up Sprinkler Systems Labor costs for these listed irrigation services and minor system repairs shall be included in the Contract Proposal Unit Pricing. Material costs shall be on a cost plus percentage basis, unless otherwise indicated with the approval of the contract manager. WEEKLY SERVICE REQUIREMENTS (BY LANDSCAPE CONTRACTOR): 1. Visual inspection of the irrigation systems shall be conducted as contractual work is being performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, dry spots and heads not retracting. Within all work areas the Contractor shall review the plant material and turf for dry conditions and if found, advise the Contract Manager and give a pinpoint location or flag. 2. All cuts, leaks or other piping damage found to be caused by the Contractor's personnel or subcontractors performing services in the landscape areas shall be repaired immediately at no costs to the County. 3. Any damage caused by the landscape contractor must be repaired immediately (with in 24 hours) and/or contact the contract project manager. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES (BY LANDSCAPE CONTRACTOR) 1. It shall be the Contractor's responsibility to notify the Contract Manager of any irrigation problems or additional irrigation maintenance needs. 2. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas to be kept at sod level. All valve boxes in plant beds to be kept two inches (2") above finished mulch level inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100%) accessible. 3. Upon issuance of a "Notice to Proceed", the landscape Contractor shall review all irrigation systems with the Contract Manager. The landscape contractor will accept the job as damage free. 4. Notification to the Contract Manager is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken pinpointing the position (Street name, median number, north - south measurement from the median tip) and provided to the Contract Manager this information at no added cost. IRRIGATION SERVICE (BY COUNTY): 1. Review and setting of the controllers and moisture sensor adjustments or rain shut-off devices as needed. 2. System Computer/Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones run times based upon seasonal rainfall or site conditions. d. Operate controller on automatic, manual and single trip operation. 20 1682 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" e. Monitor controller standby battery backup and replace as required 3.Automatic Control Valve Assemblies and Quick Coupling Valves a. Review control valve assembly. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; proper settings and are free of debris or mulch. 4. The County will trouble-shoot the Pump Sites checking amperage draw and documenting the results for future reference. (a) Inspect for proper operation. (b) Review system water source connections to include flow meters, check valves, wye-strainer, gate valves, pressure tanks, gauges, points of connection and main lines for proper operation. 5. Repair system for any blown-off heads, broken lines or leaks around heads or valves. 6. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 7. Inspect, clean and replace, if necessary, screen/filters within the sprinkler heads. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES (BY COUNTY) 1. Should the temperature be forecast to be below thirty-four (34) degrees, the County shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. Major repairs to the irrigation systems include repairs to valves, controllers, electrical wiring, main lines and costs of materials will be considered as additional expenses to the County and if the Contractor is able to assist must be approved by the Contract Manager prior to such repairs being performed unless an emergency condition exist requiring immediate repair. Minor repairs include replacement of heads and nozzles, installation or replacement of risers, repair of minor/ lateral PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids, rain shutoff devices and bypass switches necessary for proper and safe operation of the systems. The Contractor may be asked on an as needed basis for assistance. 3. Should additional costs be involved which are not covered within the Contract Specifications, a cost shall be agreed to by the Contractor and the Contract Manager prior to additional services being performed. G. PRESSURE CLEANING BRICK PAVERS All median brick curbing, brick paving, sidewalks, and paving areas shall be pressure cleaned six (6) times per year, October, December, February, April, June, and August to remove tire marks or other dirt which may be deposited on the surface areas. Sealing of paving areas shall be at the direction of the Contract Manager on a time and material basis. Upon finding damage to the brick curbing or paving, an immediate notification to the Contract Manager, or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean-up debris if present, and/or flag off the areas with 21 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" protective barriers and/or high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for repair or replacement of the damaged brick curbing or paving areas. Repairs to the brick curbing and paving will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and materiaL billing with the bricks being provided by the County. All additional expenses must be pre- approved by the Contract Manager. H. STREET CLEANING Street Cleaning: A four-foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. I. ADDITIONAL/EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Services being requested under this Section shall be for additional and/or emergency service. The Services may be required to be performed throughout Collier County. Travel time hourly rates shall include all supervision, labor and equipment required to provide the Services as listed in the "Additional Landscape Maintenance Services ProposaL" The Contractor shall provide Unit Costs for supplying the Maintenance Services as listed on the "Additional Landscape Maintenance Services ProposaL" The Contractor shall provide the Services in accordance to the above specifications where applicable. The Contractor shall not include travel time cost within the Basic Maintenance Services pricing. The Contractor's Additional Landscape Maintenance Services Bid Unit Prices shall be fixed for the period of the Contract and subject to the percentage of price increase per the Contract Renewal Increases as listed in the Contract Proposal. J. TURF ORIGIN AND QUALITY All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, and date and time the sod was cut and loaded. Sod shall be delivered to the specified site within a twenty-four (24) hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than one (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a grade other than the Premium Grade specified in this Contract shall not establish a lesser standard or relieve the Contractor of providing the Premium Grade sod as specified for the duration of the Contract period. 22 16 ·a,"· BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds M~;æance" Premium Sod Sand Grown: Turf grown on 90% natural sand. Muck Grown: Turf grown on soil containing 50% or greater amounts of organic materials by volume. Each sod pad shall be insect and disease free, be vigorous and have healthy green color in appearance. The top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be weed free, but in no case shall the weeds exceed two percent (2%) of the total sod pad. Pad Size: Individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5%). Broken or uneven ended pads will not be accepted. Pad Thickness: Thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1 ") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, or loose so that it will not hold it's shape, and/or if it is hydrophobic in nature. K. QUANTITIES The Quantities listed in the Contract Proposal are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. Note: Schedule provided for general reference, totals shown were field measured upon completion of the installation in September/October 2004. 23 BID #05·3750 - "RattI"nok, Hwnmo,k Rood (CR 864) (US 41 T""i""i Tmil E'" to Polly Avonu,) Rmulway Gro!"'~'¡nrenª'~ "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to pony Avenue)" MEDIAN AREA Median# Plant Beds Bahia St. Augustine Pavers Concrete Tuñ Tuñ Areas/Separator s 1 2,061.93 ~ 0 o SF. 904 ~ F. o SF 2 3,092 F 0 5 432.38 SF 0 F 0 F 3 3.190.34 0 o SF 123 0 F 4 574.04 0 o SF 1 810 0 5 8.890.81 0 o SF 60 0 6 5.490.46 F o :F 0 F 41 0 7 2.782.72 F 0; F 0 61 0 8 3.332.94 ,F 0 F 0 93 - 0 ;;; 9 410.94 ,F o SF 0 0 F 0 - 0 5,238.71 SF 0 0 148 F 0 F 1 5.538.28 SF 0 0 F 1 577 F o SF 2 5.624.95 SF 0 0 F 99 F o SF 13 2 597.2 F 0 2775.12 F 42 F OS 14 3.456.61 F 0 9 993.54 42 F OS 15 5.180.03 iF 0 15 868.34 157 f- OS 16 9.148.74 F 0 F 31 135.24 122 f- OS TOTALS: 66,610.70 SF o SF 65,204.62 SF. 5,279 SF. o SF Roadway Name Rattlesnake Hammock Road Median 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 TOTAL Bed Area 2,061.93 SF 3,092 SF 3,190.34 SF 574.04 SF 8,890.81 SF 5,490.46 SF 2,782.72 SF 3,332.94 SF 410.94 SF 5,238.71 SF 5,538.28 SF 5,624.95 SF 2,597.2 SF 3,456.61 SF 5,180.03 SF 9,148.74 SF 66,610.70 SF Project Area Medians #1 through #16 & RIW Areas Sod Area o SF 5,432.38 SF o SF o SF o SF o SF o SF o SF o SF o SF o SF o SF 2,775.12 SF 9,993.54 SF 15,868.34 SF 31,135.24 SF 65,204.62 SF 24 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tarniarni Trail East to Polly Avenue) Roadway Grold6ainteB2 Roadwav Name Project Area Rattlesnake Hammock Road Right of Way side edge Median Number (Tree Pit Area) Bahia Sod Area 1-3 W 10(113)SF 12,876.7688 SF Hand Mowing 1-3 E 11 (113) SF By others 4W 6 (113) SF By others 4E 6 (113) SF By others 5W 7 (113) SF By others 5E 3 (113) SF By Contractor - 5,000 SF 5E 9 (113) SF By Contractor- FPL Easement to Doral 6-7W 6 (113) SF By others 5 (113) SF By others 6-7 E 5 (113) SF By Contractor -3,496.3315 SF 8W 1 (113) SF By others 4 (113) SF By others 8E 5 (113) SF By others 9E 4 (113) SF By others 10 E 1 (113) SF By others 10 E 3 (113) SF By others 10W 5 (113) SF 500 SF - By Contractor 11 E 3 (113) SF By others 2 (113) SF By others 11E 7 (113) SF By others 11 W 7(113) SF 8,400 SF by Contractor 12E 8(113) SF By others 12W 7(113)SF By others 13E 6(113) SF By others 13W 5 (113) SF By others 14W 5(113)SF By others 2,000 SF - By Contractor - behind guardrail 14E 5(113) SF By other Polly Avenue and Lely - 3,900 SF- By Contractor 25 BID #05 -3750 . "R,ttl,,,,,,¡,, Hmnmo,k Ro,d (CR 864) (US 41 T",,;,oni Tnril E'" '" Polly A yooo,) Rmww,y G,!nR.io,,ª,2 15E. 15W 16E 16W 7(113)SF 8(113) SF 12 (113) SF 12 (113) SF " " " " TOTAL Side Right of Way Mowing: TOTAL Side Tree planting area: 36,173 SF 20,665 SF 26 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS ~ 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1 ,000,000 each accident ~ 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. Bodily Iniury & Property Damage $1,000,000 Single Limit Per Occurrence ~ 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) or money received on the contract price is considered as payment of this obligation by the County. X- 4. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence N/A 5. Other Insurance as indicated below: a) Professional Liability $ b) Builder's Risk $ 27 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" Collier County Florida Insurance Requirements (Continued) 1 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. 1 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. 1 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 1 9. Thirty (30) Days Cancellation Notice is required. 1 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent 28 16 B~ BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintbce" Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: I 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If reauired, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · Bid Number · Bid Title · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name ðlgnature & Iltle Date 29 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" CONTRACT PROPOSAL FROM: DATE DUE: November 30, 2004 at 2:30 pm Board of County Commissioners Collier County Government Center Naples, Florida RE: Bid No. 05-3750 - Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance Dear Commissioners: The undersigned, as BIDDER, hereby declares that he has examined the .site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; and that he has examined the Specifications for the work and the Documents hereto attached. The BIDDER further declares that the only persons, company or parties interested in the Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or parties making Bid or Proposal; and it is in all respect fair and in good faith, without collusion or fraud. The BIDDER further certifies that he has familiarized himself with the Federal, State and Local laws pertaining to the type of work proposed. The BIDDER proposes and agrees, if this Proposal is accepted, to Contract with the OWNER in the form of Contract specified, to furnish work in full, in complete accordance with shown, noted, described and reasonably intended requirements of these Plans, Specifications, Contract Documents and all Addenda hereto for the Unit Prices on the following pages. . Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than (15) days payment be offered. Prompt Payment Terms: _% _ Days; Net 30 Days Addenda received (if applicable): #1 _ #2 _ #3_ 30 .16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tarniarni Trail East to Polly Avenue) Roadway Grounds Maintenance" I. SECTION I. BASIC MAINTENANCE FUNCTIONS Cost to perform basic maintenance functions as follows: Function Qty. Unit Unit Cost Total Cost A. Mowing & Edging 52 Ea. $ $ B. Irrigation Systems 52 Week $ $ C. Weeding 52 Ea. $ $ D. General Site Pruning 52 Ea. $ $ E. Trash Removal 52 Ea. $ $ F. Street Sweeping 52 Ea. $ $ SUBTOTAL "A"(Annual costs): $ SUBTOTAL "A"(Divided by 12 months) Monthly Total $ II. SECTION II SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING Function Qty. Unit Unit Cost Total Cost Canopy Trees - April and September: Crape myrtle 3 Ea. Cut $ White Geiger 41 Ea. Cut $ Live oaks 51 Ea. Cut $ Silver Buttonwood 84 Ea Cut $ Black Olive 'Shady Lady' 7 Ea Cut $ Yellow Elder 4 Ea Cut $ Cattley guava 29 Ea Cut $ $ $ $ $ $ $ $ SUBTOTAL "B" $ Palms - June: Alexander Palm 22 Ea. Cut $ $ Florida Royal Palm 28 Ea. Cut $ $ Foxtail palm (Self Cleaning) 65 Ea. Cut $ $ Florida Thatch Palm 29 Ea. Cut $ $ SUBTOTAL"C" $ 31 BID #05-3750 . "RatU"n"'" Hmnmock Ro.d (CR 864) (US 41 T.miom! Tmn E"I 10 Polly A yono,) Ro,",w.y 1002 M.J!2.. B. FERTILIZATION (County will supply granular fertilizer) Function Qty. Unit Unit Cost Total Cost Turf, Groundcover, 440 Bags Ea. $ $ Shrubs and Trees Perform Sequestrene Iron Drench Application 4 Ea. $ $ 20-20-20 with Ferromec 6 Ea. $ $ AC 13-0-0 plus 6% iron (Optional) SUBTOTAL "D" $ C. ORNAMENTAL AND TURF SPRAYING Function Qty. Unit Unit Cost Total Cost Turf Area: Insecticides & Fungicides 12 Ea. Appl. $ $ Herbicides 6 Ea. Appl. $ $ Groundcover, Shrubs & Trees: Insecticides & Fungicides 2 Ea. Appl. $ $ Herbicides 6 Ea. Appl. $ $ SUBTOTAL "E" $ D. MULCHING Function Qty. Unit Unit Cost Total Cost Organic Application 7, 271 Bags Ea. $ $ (2" mulch, 2 cU.ft. bags) SUBTOTAL "F" $ E. LANE CLOSURE - Maintenance of traffic to be included in unit pricina F. IRRIGATION SYSTEMS (Section 2 - "F") a. Pop-Up 52 Week $ $ SUBTOTAL"G" $ 32 16 82 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tarniarni Trail East to Polly Avenue) Roadway Grounds Maintenance" PROPOSAL (CONTINUED) .- J. STREET Cleanina Function Qty. Street Cleaning 52 Unit Unit Cost Total Cost Ea. $ $ SUBTOTAL "H" $ III. SUMMARY OF ANNUAL COSTS Basic Maintenance Functions (Subtotal"A" Annual Costs) $ Site Specific Maintenance Functions for: Canopy Tree Subtotal ("B" x 2) $ Subtotal ("C") $ (Subtotal "0") $ (Subtotal "E") $ (Subtotal "F") $ (Subtotal "H") $ Palm Pruning Fertilization Ornamental and Turf Spraying Mulching Irrigation Systems Brick Pavers, Sidewalk, and Decorative Paving (Subtotal "I") $ Street Cleaning (Subtotal "J") $ IV. TOTAL BASE BID (Written Amount) $ v. ALTERNATE A. TRASH RECEPTACLES Function Receptacle Service Qty. 1 Unit Unit Cost Total Cost 52 $ $ $ Total 33 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadwlr6ds MBt2e" VI. ESTIMATED TOTAL MAN-HOURS TO PERFORM REQUIRED SERVICES (The Contractor shall submit the crew size above the minimum 5 person crew required per week, and man-hours he intends to provide to this Contract on a weekly basis.) Hours Per Week Crew Size (Personnel on Site) Man-Hours VII. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be required, adjustment will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including Overhead and Profit, MOT, Supervision and Transportation.. A. GENERAL SERVICES Irrigation Technician (per man hour) $ $ $ $ Landscape Supervisor (per man hour) Laborer/Helper (per man-hour) Pine Straw - Labor Cost Per Bale Only Materials - Cost Plus % Rental cost per day of a 4,000 gallon tanker with Operator with Required Operator License $ Additional Hand Watering (Contractor to Provide Tanker and Operator) Per hour costs $ Stump Grinder and Operator (per hour costs) Bobcat and Operator (per hour costs) $ $ B. PLANTING SERVICES These services shall be activated in the event that damaged or dead plant material require replacement and/or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit Prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. 34 BID #05·3750 - "R,ttl"o"', """,mock ROM (CR 864) (US 41 hmimni Tm¡¡ E"t to Polly Avoou,) ROMw,!09, M"[Z'" All plant material provided shall be Florida #1 or better as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II latest edition. ITEM Unit Unit Cost 1. Mulch Shredded Cypress Bark, Grade "A", 2" depth sq. ft. $ Eucalyptus, Grade "A", 2" depth sq. ft. $ Pine straw, 3" fluffed depth sq. ft. $ Washed shell, 3" depth sq. ft. $ Gray slag gravel (1/2") sq. ft. $ 2. Plants a. 4" Container, Annuals / Perennials each $ Begonias, Impatiens, Lantana, Pentas Purple queen, Dune sunflower, etc. Perennial Peanut Ground Cover b. 1 Gallon Container African Iris each $ Coontie each $ Day-lily, evergreen variety each $ Fla. Gama grass each $ Juniper 'Parsonii' each $ Lantana each $ Pentas each $ Liriope 'Evergreen giant' each $ Purple queen each $ Spider lily each $ Muhly grass each $ Perennial Peanut ground cover each $ Ground orchids each $ c. 3 Gallon Container Cocoplum each $ Coontie each $ Dwarf bougianvillea each $ Fakahatchee grass each $ Florida privet each $ Fountain grasses each $ lIex 'Schellings dwarf' each $ Indian hawthorn 'Alba', white each $ Ixora 'Nora grant' each $ Dwarf Ixora each $ Juniper 'Parsonii' each $ Plumbago each $ 35 BID #05-3750 . "R,ttI"nak, Hwnnwok Rowl (CR 864) (US 41 Tmniwni Trni1 E"" to Polly Avon",) ROwlwJ 02", 112".. ITEM Spider lily Thryallis Turnera 'Yellow Alder' Wax myrtle Saw palmetto Sea oats Silver buttonwood Simpson or Spanish stopper Varigated pittosporum Walter's viburnum Muhly grass Ground orchids Unit each each each each each each each each each each each each d. 10 Gallon Container Bottlebrush 'Red cluster' Cardboard palm Cattley guava Crinum lily Crape myrtle Hibiscus standard Jamacian caper Ligustrum Myrsine Silver buttonwood Simpson or Spanish stopper Wax myrtle Varigated pittosporum each each each each each each each each each each each each each e. 30 Gallon Container Bottlebrush 'Red cluster' Cassia Crape myrtle Dahoon holly Holly 'East palatka' Foxtail palm Ligustrum Live oak Mahogany Magnolia Red maple Orange geiger Slash pine Tabebuia 'Ipe' Wax myrtle White geiger Orchid tree (white) each each each each each each each each each each each each each each each each each Unit Cost- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 36 BID #05·3750 - '"RattI""aI" Hwnmo,k Road (CR 864) (US 41 Twnhuni Tool WI to puny Avonu,) Roadway Gro16ntonB2 ITEM Unit Unit Cost f. 65 Gallon Container BoUlebrush 'Red cluster' each $ Crape myrtle each $ Dahoon holly each $ Holly 'East palatka' each $ Foxtail palm each $ Ligustrum each $ Live oak each $ Mahogany each $ Magnolia each $ Red maple each $ Orange geiger each $ Slash pine each $ Tabebuia'lpe' each $ Wax myrtle each $ Orchid tree (white) each $ White geiger each $ 3. Palms Sabal palm (10' to 20' CT.) each $ Sabal palm (8' to 12' Booted) each $ Key thatch palm (6' to 7' HT., field grown) each $ Ribbon palm (6' to 7' HT., field grown) each $ Royal palm (18' CT) each $ Carpentaria palm (16' CT.) each $ Washington palm (30' CT.) each $ Solitaire palm single (10' C.T.) each $ Solitaire palm double (10' C.T.) each $ Foxtail palms (10' CT.) each $ 4. Canopy Trees Live oak (100 gal. Cont., 4"_5" cal., 16'ht.) each $ Live oak (200 gal. Cont., 6"_8' cal., 20' ht.) each $ White Geiger (100 gal.) each $ 37 BID #05-3750 - "R,tt!"mæœ H_ook Rooo (CR 864) (US 41 Twnimni Trnil E""o Polly Avon",) Rooowal& ~" C. LIQUID FERTILIZATION APPLICATION Apply Peters 20-20-20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13-0-0 plus Six percent (6%) Iron at one third (1/3) gallon of material per one hundred (100) gallons of water. Turf Planting Beds Unit per sq. ft. per sq. ft. Unit Cost $ $ D. SOD SERVICES Unit per sq. ft. Unit Cost $ Removal of existing sod/weeds with sod cutter or by hand and prepare soil/area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill tipping fees). E. SOD/TURFGRASSES Delivered, off-loaded, fine graded for sod, laid in place, rolled and trim edges as necessary: S1. Augustine Unit Conventional Irrigation Unit Cost 1. Floratam: Muck grown Sand grown per 500 sq. ft. pallet per 400 sq. ft. pallet $ $ 2. Palmetto: Muck grown Sand grown per 500 sq. ft. pallet per 400 sq. ft. pallet $ $ 3. Bitter blue: Muck grown Sand grown per 500 sq. ft. pallet per 400 sq. ft. pallet $ $ Bahia Unit Unit Cost 1. Argentine: Sand grown per 400 sq. ft. pallet $ VIII. ADDITIONALI EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional/Emergency Landscape Maintenance Services Bid is mandatory and must be completed by the Bidder in order for their bid to be considered. 38 BID #05-3750 - "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" 16 82 Function Mowing and Edging Unit sq. ft. Unit Cost $ $ Weeding (Hand removal and hand sprayed herbicide) sq. ft. Pruning (Per Section "11-0") (Removal and delivery of debris to landfill site) per hr. $ Fertilization (Labor for broadcasting 50 lb. bag) per bag $ Mulch Application (Labor for applying 2 cu. ft. bags) Trash Pick-up and Removal (Bagging and disposal per hr. $ to a landfill of trash from landscape areas and on-site containers) per bag $ Irrigation System Review per hr. $ Travel time per hr. $ Landscape Laborer per hr. $ Truck Operator per hr. $ (Class B or higher current State of Florida Driver License) SUBCONTRACTORS TO BE USED: (In no instance may subcontractor(s) perform more than 49% of the Total Bid amount) Name (Spraying) Phone Name (I rrigation) Phone Name ( Phone Documentation enclosed: · Copy of current Landscape Contractor's License. and Irrigation Contractor's License or Unlimited Landscape Contractor's License. · Verification of current projects in landscaping Yes Yes No No 39 BID #05-3750 - "RattI,.,"', Hmmnook R",,,, (CR 864) (US 41 Twniwni Trnil E,,' to Polly A v,",",) Rmulway O'I"ltn,,8'2 maintenance business. · List of owned and/or leased equipment. · Documentation of minimum three (3) years experience within Southwest Florida. · Photo and/or manufacturer's brochure with specifications of street sweeping equipment provided. · Proof of M.O.T. Certification · The name and IRS W-4 form of the firm's qualifying Employee Yes No Yes No Yes No Yes No Yes No The Service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of Collier County. The undersigned does agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned does further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this , 2004 in the County of , in the State of day of Bidder's Complete Legal Name Circle one: Corporation, Sole Proprietorship, Partnership Phone No. FAX No. Add ress City, State, Zip BY: Typed and Written Signature Title Note: If you choose to Bid, please submit an ORIGINAL and ONE COPY of your Proposal Pages. 40 MEMORANDUM Date: February 10, 2005 To: Robert Bosch Right-of- Way Acquisition Specialist Transportation Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Agreement Project: Rattlesnake Hammock Road The District School Board of Collier County Enclosed please find one (1) original documents as referenced above, Agenda Item #16B3), which was approved by the Board of County Commissioners on Tuesday, February 8, 2005. Please forward these to the appropriate parties for the required signatures, and after processing, please return one fullv executed orie:inal document to the Minutes & Records Department to be kept for public record. If you have any questions, please call me at 732-2646 ext. 7240. Thank you. Enclosures (1) 1683 1683 PROJECT: Rattlesnake Hammock Road PARCELS NO: 120, 720-A, 720-B, 121 and 721 FOLIOS NO: 00432720000 and 00432880005 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 81ft day of r:f=4~1.A.^A.Y , 2005, by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a public agency of the. State of Florida, whose mailing address is 5775 Osceola Trail, Naples, FL 34109 (hereinafter referred to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamíami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to County a fee simple interest over, under, upon and across the lands identified as Parcels 120 and 121, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, in lieu of compensation, Owner has requested that County remove the existing entrance and construct a new entrance and driveway for Owner's Bus Facility situated at 6543 Rattlesnake Hammock Road, as generally depicted by the Drawing attached hereto as Exhibit "B" and made a part of this Agreement (hereinafter referred to as " the Work"); and WHEREAS, Owner has agreed to grant to County Temporary Construction Easements over, under, upon and across the lands described in Exhibit "C", which is attached hereto and made a part of this Agreement (hereinafter collectively referred to as "Temporary Construction Easements" or "TCEs") in order that County may remove the existing entrance and construct the new entrance and driveway; and WHEREAS, in recognition of the mutual benefits to be obtained, Owner desires to convey the Property to the County for the stated purposes, and County desires to carry out the Work, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property or for the Work. NOW, THEREFORE, in consideration of these premises, payment· of the sum of Ten Dollars ($10.00) by County, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey good and marketable title to the Property and shall grant the Temporary Construction Easements to County, in a· form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Warranty Deed in respect of the fee simple interests and a properly executed easement instrument in respect to the Temporary Construction Easements to be acquired) is hereinafter referred to as the "Closing." I 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/pr qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon théir 1683 Page 2 recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Time is of the essence, and Closing shall occur within sixty (60) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property or Temporary Construction Easements. 5. Owner represents that the Property and the TCEs and all uses of the same have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property or the TCEs except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property and TCEs to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property or TCEs, b) any existing or threatened environmental lien against the Property or TCEs or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property or TCEs. 6. To the extent permitted by law, Owner shall indemnify, defend, save and hold harmless the County against and from, and shall reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. County shall pay all fees to record any curative instruments required to clear title, all recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property and the Temporary Construction Easements; provided, however, that any compensation and/or attorney's fees required by any lien or judgment holders to secure releases or satisfactions, shall be the responsibility of the Owner. 8. County shall carry out the Work at its own expense, except as otherwise stated herein, as part of the expansion of Rattlesnake Hammock Road (Collier County Project No. 60169) (hereinafter referred to as "the Project") and within the confines of th~. TCEs described in Exhibit "C." The Work will include construction of ~n access drive as generally depicted in Exhibit "B," extending no more than 525 feet southerly from the northern boundary of Parcels 120 and 121 (the Property) and providing two separate entrances to the employee and maintenance parking areas. In constructing the new driveway connection, County agrees to replicate the Owner's existing entrance. Prior to commencement of the Work, County will be responsible for obtaining a modification to Owner's existing South Florida Water Management District permit for construction of the Work and may include, as part of the permit modification, any development proposed and designed by the Owner of an existing wetland area located to the sou.th of the Bus Facility (hereinafter "additional site development"). Provided, however, that Owner shall bear any design costs associated with this additional site development and all costs of any wetland mitigation imposed by South Florida Water Management District as a result of the Work and the additional site development. County shall pay the permitting fees and the construction costs for the Work only and will have no responsibility regarding any additional site development. The parties recognize that -in the event the Owner wishes to include the additional site development as part of the SFWMD permit modification, coordination between the parties is critical to avoid unnecessary delays in the permit submittal and thereby avoid delays in commencement of the Work. County will not be responsible for any delays brought about by Owner's failure to submit proposed plans for additional site development as 1683 Page 3 requested by County. The County agrees further to coordinate all design, construction and permitting efforts relating to the Work to the fullest extent possible and will cooperate with Owner regarding the design specifications of the Wor 9. To the fullest extent permitted by law, County shall indemnify, defend, save and hold harmless Owner, Owner's officers, agents, invitees, guests and/or employees from and against any construction liens, suits, demands, claims, liability, losses, penalties, damages, judgments, orders, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, construction lien, liability, or death which may result from or arise out of any willful misconduct or negligent act of County which occurred or is alleged to have occurred with respect County's use of the Temporary Construction Easements. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which County may be entitled under Section 768.28, Fla. Stat. This provision shall survive Closing and shall not be deemed satisfied upon conveyance of title. 10. County or its agents will provide Owner with at least ten days' advance, written notice of commencement of the Work, which notice shall identify the work to be done and the estimated number of weeks to complete the Construction Works. 11. The parties are aware and understand that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, and The District School Board of Collier County, Florida. This Agreement shall be effective as of the date of the last party's execution. 12. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida 15. This Agreement may be executed by both parties in counterparts, each of which shall be deemed an original, but all of such counterparts taken together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: ;2 - ca' - .2 CJC7 !; ", ,,, ....,'t. ATTEST:· \;¡n1V co,~;'\"" ¡ DW IG!;t~~: ßJ3PQK;J<.t~ér< .- .,) ,.' " ,'.....: {f~' '...,~ " : . ,.-. ~ 1 L.~· '/ .' , I, , . ('';¡: í .t~~'·' .'.i:= 'eþ;Q,.y Clerk . .' \'. . ". , tM ·",At~.S~t~-tq\;Çt\11..~ )1 sr"I~·If'{=,.1J~ ..' ~ :>' , , / ' ,¡/ . . ,t:)q,. ..;- ... . .I'<ìr· . . .. . ., ~ ~" ,,-: , CO~.m1"'O, ....- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .,. ,. ..," Item # \ ~ ß3z AS TO OWNER: ATTEST: Approved as to form and legal sufficiency: _&{éh~aA~ Assistant County Attorney 7w 16£ Page 4 THE DISTRICT SCHOOL BOARD OF COLLlE~"eqUNTY -:. /, /' (I' ø BY: ~~-.;;~ -t:.- -'4/fA. IZ Patricia J. Carroll, Chairman '. "', r. IhB3 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA P ARCéL NO. 120 PROPERTY OWNER: SCHOOL 80ARD OF COLUER COUNTY REFERENCE: O.R. 2209. PG. 1073 STRAP NO.: 502622006.0005822 AREA OF TAKE: 7629 ~Q. FT. AREA OF REMAINDER: xxxx sa. H. :f: t- V¡ ì5 \0 C'I ~ ~ ~ W -< I/) .q¡en- ::)::) Wdg: ~)...¡;; ¡Jß:" c:i§~ ....801( ì5¡t)1l.. ~~~ td:5~ ~l3o CI":¡en ~~.... ~~~ ~ ~. :.:J ~ o It) ~ ~ ~ ê¡ ¡:: o ~ FEE SIMPLE INTEREST 9: m~ ~~ ~- Il~ §g ~~ ::3~ .... f3a.. .J~ !~ ~ OLIO NO. ()¡)JI{,?d~ca:o P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY g + ~ I I I I I I I Ii I I~ ~I I~J "~II 8 I~ î I ~ I ~ ~ i I Q: I ~ i ; ~ I ¡ I I ~ I ~ ~ ~ II: ~ ql I : I I ~ I ~ I I~I I I I g + 01 ..,. C'I o o ,:!: ..,. C'I o o + \I) ..,. C'I I ~ ¡ o 0: 0: ~ u '" '-" ~ ~ ~ ~ ~ ... ~ ;. '" ~ :t g it ~ g ) +711.110 -5õ:ðõ"" ~ i~ ) ~~ ~'" ~'" b1tI I~ ;~ j!;~ §~ G! '" ~ ~ ~m~ ~ã . ~o-~ ~~~ \!¡j!;~ ~~::s i!i~§ ~ ~ '-- m ~ ~ !oJ 0- III §~~ I ~ð"¡ ~~~ ~d ã~::S ;~~ i!i M ~ -----.t-Z-c=:I SCALE: 1" = 80' I J II . I ':10-1 !.;~I n +/11.82 --ŠÕ:õõ"" :;¡- ¡.; ~ .,¡ ~ oª 5 '" ~'"" ~ ~ r:i~ ... ~ (JOt! ~ ~ ~I ~ 't Il.. .. 't 2.5.00' II! d Or! ~ ::! ; ~ , ~ .. ~ 't ~ ~~ O....!: ~t1; ~~~ o .0 ~~!: OOj(Q ~¡: ~~It) <01(0.... ~Oa.. ... en g 50:11\ 00 ~ :q '" ~ !'< I'i r;; 't ~ ~~ (.)O~ -10 ffiw§ 3~. oll:g (.) .0 LLO)~ 0°(0 ~~ ~~~ f6 en a.. ~n.:~ o-~ 00 ~ t- V} ì5 CD N ~ <: ~ m '" ~ ~ aG!~ ;~.¡ ~I;¡~ ha; ~i!i¡:: ~~~ j!;~§ ~ ~ '-- I-~ ~::~ ß:~8 tf~Ñ o g a:: !I:S'~ ai~~ o ti~:' ~IO~ ~0:1!: tio'" iË ~ o It) 9:: ~ ~ E ~- ê¡ ¡:: o ~ EXHIBIT Page i .A ,of THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET DESCRIPTION: PARCEL 120' . CLIENT: COLLIER COUNTY TRANSPORTATION. DIVISION . . \. ....~ .... NOIJ .... .... I:::: BR ", ..... ...... ...... RUNDAGE,IIIII. Professional enllneeJ'8. planneJ'8, ok land 8uneyonr COW.. eo.."" ....too '00. 7COO T..1&ooI fnU. II~ II...... n. ul"l,nE"-.1I1 I.oe eo_t71 ....too 101. I'" II..,.,. .....ot, p.",~. n. "HI tel 17-'111 C'-too ., A_lOti.. II... , .... oM D .tee r.... "1 11_"" 1/15/0. 1 OF 2 BY: SCAlE: t :'; .cao' DRAWN BY: JAN ACAD No: a66~'-'Sp~ 1683 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 120 ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2209 PAGE 1073 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 25.00 FEET OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY BEING THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE NORTHERLY 50.00 FEET FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; CONTAINING 7629 SQUARE FEET OF LAND MORE OR LESS; FEE SIMPLE INTEREST EXHIBIT A PageF.~ of-1/-. FOLIO NO. ~)o¡{-~ t7Q (1(~)!) ... . LEGAL DESCRIPTION AND SKETCH SHEET 2' O~ 2 DESCRIPTION: PARCEL 120 I CLIENT: COLLIER COUNTYTR~SPORTATION DIVISION : BY: ~h ~/ #-.. 1/15/04 GEORI1E W. HACKNEY, ~.S.M. NO. 5606 SCALE: N. T S. DA TE: SEPT. 26. 2QOJ D~AWN BY: JAN PROJECT NO.: 8315 ACAD NO: 8668-505 FILE NO: 8668 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ :::: GNOIJ ..... Inn RBER" ..... .. ... ..1... RUNDAGE._ prorenlonal englneerB, plannen. Ie land BU""yon CoIIhr ~tJt l1li1'- '00. .,- TUDI...s TraØ. If_I Ift,I... n. 14101 !HIS".II.. 1.00 Co_tJI hll<l 101. In. B....,. lIII'.ot. ..rt ..,.... n. I.... HI 111'-1111 CutUl.... .r __.u.. 1'1... L8 .... 611. n IIN 1'... (N. ..-aos . . .. ... 1683 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 121 PROPERTY OWNER: SCHOOL BOARD OF COLLIER COUNTY REFERENCE: C.R. 28J5. PC. 2460 STRAP NO.: 502622010.0005B22 AREA OF" TAKE: 0.2JI ACRES AREA OF" REMAINDER: X.XX ACRES :i: ----.J-Z-c:::r SCALE: 1" = 80' 0 0 ~ C'f I- '" ~ W IJ) ~ ~ \I} 2: ~ŒI- t5 ;:);::¡ V; ~ ~d~ ~~ ~ :I)- ~ tJß:" ~~ ;:) d~J/) a..~ ~ ....o~ ê~ is ~ 0 ~~~ ;¡~ It) !h :::/10 ~~ "" ¡}j ~~ g ~ c~~ ~~ + e ~Q..... ~ ~:5 ~ j:! a.. ~ ~ 2 ¡:: ~ FEE SIMPLE INTEREST ." ,... o o + C) r') NO.çoii.?£J~ ~ P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY g + :::¡ C'f I I I I I ~ I I ~ : I ¡ ~ I '" I : i I ¡ 1 ~ I ~ II ' .~~ III ¡ II ~ ~/ Iii I a I ~ ~ ~ I d § II 5· ~ ~ I : I ~ ¡ I I: ~ ~~ I I ~ I ' ~ I~ ìi ~ I~h: ~ ~ t·l ~ ~ I ", ~ ~ I I I I I III'sr lINE OF' or NORn'::s D1E:Asr WAR l£R SCC710N 22. 71IP .r QUARmr . . ,,0 $.. RG£. .u S 223 Co CASr tINe or 12.II.Oð seC71: :OR1I1~':'~~~ARl£R z. ntP. 50 S.. RG£ ze Co ~ O~ ~~~I ~~~~ OÖoi", ŒI o¡;¡ g~~~ õ8~"" Ci) ŒI ~ a:~ d I I ¡ ~ i ~ r ~ I i I ~ I j f lau I ÌJ : ....-f o I r '< I I f f!:: I I 25' I I I I I tðJ..O - -ŠÕ:ÕÕ(/ '" ~ d' ~ ~i!¡¡e '" In ~ "" I!! ~ ~ - ~ ....)!_ !i .'" ~d~.... ~~ ~ ~It!~ ~ ~ 1!~<3~"'~ I!s~ d"~~~iã ~~ Ih ~.: "" j!;1/) u , ~ ~o 8~'" ~~ 15~§ §~g o .0 u... !O~ o :ri 10 t'o~ ~~, ~ŒI~ 8 a; II) 00 (I) ~ i3 Õ 0::", ~F!:ìR 0....- ~-~ . :I~~ 'o(~ ~Q., ffi ~f ~ lìfð~ o ŒI .... ~ EXHIBIT A~ Page£of I- (I). l5 Ie ~ t5 <: ~ ~ ;::¡ ~ o It} !h ð¡ ~ e ~ ~ ¡:: ~ II) m \oJ ~ ~ ðl!!~ ~~.¡ ~...~ ~~ . ~d ~~~ ~\!¡§ ~ w ~ ~ ~ ~ .... '" "'Gí~ i~~ ~...~ l5~~ iS~ ....~¡r¡ .'~ ~ l ~ ~ ¡ ~>- :" d ~ .. ~ tðU2 I -,iõõr- $ ~ " ~ )(! ... ...1 ·1 il "" I I I m \oJ I ~ III ðGí~ ~~~ ì!:1ii51 !I~' ~~~ I l!Ii§ l1 . ' LEGAL DESCRIPTION AND SKETCH· SHEET 1 'OF 2 DESCRIPTION: PARCEL 121 , . CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ····t I::: NOLI .... nln BER Ie ...... ...... ...... RUNDAGE,IIIC. Prolllllllonal anglneen, pllllnnen. ok land lurw;run C.111or C._I" hlta lao. 7400 Tuo.I_ TÞD. If"""" lIepl... :rr. 1141D11"lIÞ7-.111 .... C._I" Iht'" 101. ".. ....17 _.. Port 111.... n. .1.01 "1)n7-1I.. CorWleota .f Autbo.uoU.. II.., ... IHf ... .. .1" r.... 'UI8I-I'OI 1/15/04 I I I BY: G 0 E W. HACKNE. .S.M. NO. 5606 SCALE: f' -80'· .[jATE: SEPT. 26. 2003 DRAWN BY: .JAN PROJECT NO.: 8315 ACAO NO: 8668-SDij, FILE NO: 866B SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 121 ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2835 PAGE 2460 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 25.00 FEET OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY BEING THE WEST 400.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE NORTHERLY 50.00 FEET FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; CONTAINING 0.231 OF AN ACRES OF LAND MORE OR LESS; EXHIBIT 1\ Page£of_ '9 FEE SIMPlE INTEREST FOLIO NO. oO~'~1JQ&~ rJO{15-_· 16B~ LEGAL DESCRIPTION AND SKETCH SHEET 2' OF· 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 121 CLlEN T: COLLIER COUNTY TR EOR W. HACKNEY; P.S.M. NO. 5606 SCALE: N.T.S. DATE: SEPT. 26. 2003 DRAWN BY: JA"4 PROJECT NO.: a31~ ACAD NO: 8668-SD6 FILE NO: 8668 ····fit = =:= NOU .... Inll DER Ie ...... ...... ...... RUNDAGB._ Prol...lonel .nlln...... plaDnen, " land 8\11'ft,.,... c._ c....". .... .... ,.01 or_... 2nD. If_I If.pIIo, n.1t1""4'e-'11I Ia. ~ hit. 101. I'" .....,. Iftteot. ren 1o\fIn, n. ._.... -'UI C_ of ntla.tt..U.. ..... ... 114. _ .. ..It r.... ... '''-11'' 1/15/04 BY: 1683 c - - - - - - -=:=J 2.---2- ---- ~' ,"',.ç' "-== - -. . - -r.¡:::= : ' , ,), --~--'" ///~ - - - \ / \ / . \ I - 'ï' " \ I I -,- I I I I I I I I I f I I I I I I , I , I , I J I , I I I ( I I I I I I , I I I I I I I J J I / I I / / ./ ...- I _'" ,....----------- I I I L__J I \ ì ! I , I I r--J I r I , L__-, I I I I I : I I I I I I I I I I I I : I I I I I I r---' I I I I L--___J I , I I t - - ,,.. ,,.. ,,.. EXHIBIT_ B Page [.-,ot D.._ 1683 SECTION 22, COLLIER COUNTY, TOWNSHIP 50 SOUTH, RANGE 26 EAST FLORIDA 246+00 248+00 SECTION 15, TOWNSHIP 50 SOUTH, RANG£ 26 EAST FUTURE DE'ÆLOPMENT D.E., M.E. 4t A.E. NAPLES LAKES COUN7RY CLUB PLAT BOOK JJ, PAGES 7 7HRU 15 TBljNAPLES UMIT£D PARTNmSHIP STRAP I 506900 fD 15815 . 250+00 ~~ , N~ O ~1 .~ ~ PARCEL NO. 720-,\ AND 720-6 PROPERTY OWNER: SCHOOl BOARD OF COlLI~R c~t1rY REFERENCE: O,R, 220Q, P9. 17Q3 S1'RAP NO.: 5928220Qð.OOO~2~ - YS' ~mJ ~ArnESHAKE HA~ ";;':;;lfIHr OF Il'AY-:::SflOH~ crxJN-;; ---'-~~.. CONCRm - - - SrAAlPEO ·1'8S1l.r - ---- ---\..---.;.----- ------------ EXlS1ING II.O.W. ~A ffiESNAKE HAMMOCK ROAD (C.R. 864) (100' R.O. w.) SOOTH LINE OF SCCflON I" flIP. 50 $.. 110£. 21 E. 8 PARCEL 719 :! ,.IIOPOSEO R. 0. II I I Sl}¡ :!II~ NOIITH LINE OF SEClICW 22. flIP. 50 $., liCE. 25 E. SUR\O£"Y BASElIN£ AND S£ClICW LINE H /l7·./I'J4· E J77.'1I ... P.O.C. )I g STA 2J7+66.58 ~ ~ HORTH~r CORNCIf OF SCCfION 22", '215.0. EXlSTlNO 11.0.11( ... I lEI g I ,,-'5i I =Iti ~ lfWND J·IfJ·;I~ ;I~ '" ;:~r .'.... I LI ! IPARCEL 121 .. PROPOSED I!.o. III. P.O.B. ~ PARCEL 120 PROPOIED II.o.W. S '7'''' J. W 22.UO PARCEL 720-A PROPOSED r.c.a. (IU~ S.f. ~) FLORENCE B. ROSS. 7RUST O.R. BOOK 778. PAGE ''''8 STRAP 502622002.0015822 SCHOOL BOARD OF COWER COUNTY O.R. BOOK 2209, PAGE 1073 STRAP 1502622006.0005822 B -' PARCEL 721 PflClPO$£O r.c.C. ~ ;:0 §~~ ~~I a~5 ~§ ~~... g~~ i"llilt'¡ ðd ~ UNE 'AEII' J.œIE ~ lIUIlJIJJJ II IJIJ.DO S /l1'....·J.· W 1.2 Jo. DO 5 02' "U' E LJ 55.DO H /J7'4/J';U· E L.f JO.DO H 02"'2" W LS 25.00 5 OZ'II'2.· E LI! ZI!.!I H OJ12'2J' E tgŒ 1:-'0111 E W J.QUU!1 .II&"4!IlliQ Lt 3' 20.3/1 S "·....·34· II' lIJ2 20.28 5 27'1J'IJJ' E lIJJ UIJI $ oJ"'·ZJ· W LIJ. 2UII N /1/1.......... W LIJ5 "..DO S OJ"'''''· It' lIJ' 2..13 S "·..·4'· E lIJ7 2/111.0J S OJ'2'ZJ' It' lIJI .". II H 18'47'J7' "' lIJII .30.0' N OJ,,',,' E "40 Jo.DO H "'''''4/1· W lI41 10..00 5 OJ"·'2· W "42 -'D.DO 5 '/1'''''4/1' E U.,J 2/.1111 H OJ,,'/Z' E U... 40.22 5 "'47'J7" F: PARCEL 720-B PROPOSED r.c.£ (11,"'11 5.". ä) !j CURio£" TARLE .liU/D( JI£Ll4 IIdDJJm NJJ; .c:tUII!I2 CHORD ØEARINC Ct2 ,J12·.,7· 7O.DO 1/1. r. 1/1. II N IJ/I'JIJ'IJ"· £ SEcnON 22, TOWNSHIP SO SOUTH, RANGE: 26 EAST EX IBIT C Pa e~of c TEMPORARY UCTlON EASEMENT ~ -' SOUTHlII:sr CORHÐt OF HOItTHf.'AST OUMmt Of' OF HORTHlI6r QUARTER sccncw 21. flip. 50 $.. I!ct:. Z. E. II~ ": N L SOUTH UH£ Of' NOItØf1lDr QUA'nl1! OF NOIttHlIOT OUNlmt SECfIOH I~ 1'IIfI. 50 So. 1Ict:. 21 Co P.O,C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING == RIGHT-Of-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 720-A AND 720-B CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION liil·rtJr.:°Ll 111.= IR " II"· ..1111 RUNDAGB.... Prol...looal anlln....., plaDn..... II laDd __YO'" c.w.r c:.uatJ "'"- '00. ,... T___ ~ .ort,¡ .-tl... n. .1&111"1)11'1...111 tII. C.-.,. ..Ie 101. 1_' .....,. 1_" r.n .,.... n. 1..01 ..I)1n-111I CootIGhIe " ...__.u.a .'L 1.11 .... ... .. .... r_ '.I)III-H. BY: 2PQJ 831S 8672 SCALE: ," - BQ' DRAWN BY: JAN ACAD NO:B672-SQð 1683 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTiON OF T.C.E, PARCELS ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL 720-A CONTAINING 1,650 SQUARE FEET OF LAND MORE OR LESS; AND COMMENCING AT THE NORTHWEST CORNER Of SAID SECTION 22; THENCE NORTH 87'48'34" EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 377.99 FEET; THENCE SOUTH 2'11'26" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE SOUTH 2'11'26" EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; . THENCE CONTINUE SOUTH 2'11 '26" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 87'48'34" EAST ALONG A LINE 55.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 55.00 FEET; THENCE LEAVING SAID LINE NORTH 2'11'26" WEST A DISTANCE OF 30.00 FEET; THENCE SOUTH 87'48'34" WEST ALONG A LINE 25.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 55.00 FEET TO THE POINT QF BEGINNING OF THE PARCEL HEREIN DESCRIBED; EXHIBIT 0.. Page 2 :öt:!: PARCEL 720-B ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (lOa' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22; . THENCE NORTH 87'48'34" EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RO.W.) A DISTANCE OF 1215.04 FEET; THENCE LEAVING SAID NORTH LINE AND SAID SURVEY BASELINE SOUTH 2'11'26" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE NORTHEASTERL Y CORNER OF THE OF THE SCHOOL BOARD OF COLLIER COUNTY PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2209, PAGE 1073, OF THE PUBLIC RECORDS OF COLLIER ·COUNTY FLORIDA; THENCE SOUTH 3'12'23" WEST ALONG THE EASTERLY BOUNDARY OF THE ABOVE MENTIONED PROPERTY A DISTANCE OF 25.11 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 87'48'34" WEST ALONG A LINE 25.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFOREMENTIONED RIGHT OF WAY LINE A DISTANCE OF 20.36 FEET; THENCE LEAVING SAID LINE SOUTH 27"13'53" EAST A DISTANCE OF 20.26 FEET; THENCE SOUTH 3'12'23" WEST A DISTANCE OF 74.51 FEET; THENCE NORTH 86'44'48" WEST A DISTANCE OF 24.89 FEET; THENCE SOUTH 3'15'49" WEST A DISTANCE OF 44.00 FEET; THENCE SOUTH 86'44'48" EAST A DISTANCE OF 24.93 FEET; THENCE SOUTH 3'12'23" WEST A DISTANCE OF 289.09 FEET; THENCE NORTH 86 '47' 37" WEST A DISTANCE OF 46.18 FEET; . THENCE NORTH 03'15'12" EAST A DISTANCE OF 30.01 FEET; THENCE NORTH 86'44'48" WEST A DISTANCE OF 30.00 FEET; THENCE SOUTH 3'15'12" WEST A DISTANCE OF 104.00 FEET; THENCE SOUTH 86~44'48" EAST A DISTANCE OF 30.00 FEET; . THENCE NORTH 3'15'12" EAST A DISTANCE OF 21.99 FEET; THENCE SOUTH 86'47'37" EAST A DISTANCE OF 40.22 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERL Y AND HAVING A RADIUS OF 70.00 FEET; , THENCE EASTERLY ALONG THE ARC. OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'12' 47" AN ARC DISTANCE OF 16.14 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED . PROPERTY; THENCE NORTH 3'12'23" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 1249.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; . TEMPORARY . .' CON8'rRucTfON EASEMENT CONTAINING 11,489 SQUARE FEET OF LAND MORE OR LESS; LEGAL DESCRIPTION AND SKETCH SHEET THIS LEGAL OESCRIPilON AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 720-A AND 720-B CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 2 OF, 2 ·!,!tau I!:I: RBIR '" ..... ...... ...... RUNDAGI,_ Prof...lonIJ enlln"fI, pllDlllln, Ie Janet ,ul'ftJØn c:..w. c:.òoa", ...at. - 7_ '--- 'boll. ....... ..,1.., ft, NLII1".JI""'.U Loe eo...'" ....... .'1, .... "'87 _a. rort lI,r.n, ft, nlOl "I)II7-'IU eoruø... ., b~odo"'" HH. tI "" _ .. .... r_ "I)III-IU. BY: EY, P. DA TE: OCT 2. 200~ PROJECT NO,: 8315 FilE NO: a67~ GEO GE SCALE: N T.S. DRAWN BY: JAt-I ACAD NO:B672-SD6 1683 SECTION 22, COLLIER COUNTY, TOWNSHIP 50 SOUTH, RANGE 26 EAST FLORIDA 246+00 248+00 SECTION 15, TOWNSHIP 50 SOUTH. RANGE 26 EAST FUTURE DEVELOPMENT D.E., M.E, & A.E. NAPLES LAKES COUNTRY CLUB PUT BOOK .JJ, PAGES 7 THRU 15 7B//HAPLES uUlrm PARTNERSHIP ~TRAP 506900 FD 15915 250+00 ~~ N~ O ~ ð (¡) PARCEL NO. 7~1 PROPERTY OWNER: SCHOOL BOA~O OF COlUER CQyNTY REFERENCE: a.p. 28J~. PO. ~'\So STRAP NO.: ~2Ì1~201Q,OOO:¡B22 - }5'1f-;;;;;'ÆD~RA~H~If~GH;;-WAY~II~~-;; --l=:';~"CONCRCTf: ~ - - - STAWP£O 'P85.J' - ---- ---\...------- ------------ CXlSTING 1I.0.W. . RAT7L£SNAKE HAMMOCK ROAD (C.R, 864) (fOO'R.O,W.) SOUTH I./NC OF SEC1ION 15. '/lIP. 50 5.. Ror. " £ ! PARCEL 119 .. 1'ROPOStD R.o. W. ~ PARCEL 120 J1 PIIOPOsro II. O. W. SllIII£Y 8ASÐJN~ AHO 5£CTlOH LIH£ N'1'.fB· , P.O,c. STA 237+68.58 HORTHlt£sr COIINfJf OF SCCOON 21 NORTH UHE OF 5£CIIOH ", 1IIP. 10 5., IIŒ. " C. PARCfL 720-A PROPOSEO T.~. f . LJNC TAlliE: J.IlŒ .I.£lilm1 IIf"AlfIHfl U 50.00 son,',," C L2 'II. II S C)JlIl',J' W U411 111'.0' H OJ'I,',J' E un 51.42 N "'42'01" E LH1 208.2/ H OJ'IZ'zj" E U4/f 6f1.'9 S '1'4,'J4' II' ~ .... ..! ~ ~ - ~ ;§ i ~ ::ãl~ &'~ ~~ ÎÞ: I.¡je,{ á: ~ ðf¡: f(~Sl ~.. !/Iit:t .!' ~b~ ;11 QM §b8 " ... ::; ~ g¡ ~il l;~~ ~~~ gcn~ ~~ ~ FlORENC£ S. ROSS, TRUST O,R, 800K 778, PAGE f10fB STRIoP 502622002.0015922 SCHOOL BOARD OF' COWER COUNTY O.R. 800K 2209, PAGE 107J STRAP I 502622006,0005922 P~RCEL 721 PROPOSED T.c.£. (21,72' S,F. ;t) PARCEL 720-8 PROPOSCD T.c.c. CURl.£" TABI f . J:Ua/f ~ ~ JJJ¡; ~ OICIIID IlEAllfNtJ C/J 1nrlJ' 70.00 IIJ.II 118.1I H 41'J:5'59" E EXHIBIT I c... Page_3_of~ SECTION 22, TOWNSHIP 50 SOUTH. RANGE 26 EAST ~ '"' SOUTHII£ST COIINEII OF Hat DtEAST OUAllIE1l OF OF HORTHIlf:ST OUAIIT£If $CCIION U. 1'IIf'. 50 I.. RGE. 21 C. m '" Im~ I~~ ~;~ aæ¡: ~~r4 S~~ L $OUIH tlH£ OF HatIH...sr OUAllIE1l OF HQlJHlfDT OUAIIT£R $CenON U, J1If'. ISO I.. IIG£ " (, P.O.c. = POINT OF COMMENCMENT P.O.8. = POINT OF BEGINNING R.O.W. == RIGHT-OF-WAY THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION A~ID SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 721 CLIENT: COLLIER COUNTY TRANSP TATION DIVISION BY; 1111~ou .11.1 ER " ..... .... . ....1. RUNDAGE,_ Prof.DiODel .nlln....., pl.RU.... . laRd .-JO'" c.m. c_... ...11. -, Ti.. ,........ "'.u. lferUII ..JI.., II. "'''I'''e-ll... .... c....,. hi'" ".. .- _.., IWHt, '<OK ~ II. ..... ... lIT-II" c__ '" ....u...uoU.. .... .. _. _ n .... r_ ... ..-Uti ACKNEY. P.S.M. NO. 56Q6 DA TE: DEC. 14. 2001 PROJECT NO.: 8315 FILE NO: B~ 72 ~ 1683 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 721 A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 87"48'34" EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' R.O.W.) A DISTANCE OF 1215.04 FEET; THENCE LEAVING SAID NORTH LINE AND SAID SURVEY BASELINE SOUTH 2'11'26" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WA Y LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE NORTHWESTERLY CORNER OF THE PROP~RTY OF THE SCHOOL BOARD OF COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2835, PAGE 2460, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE SOUTH 3'12'23" WEST ALONG THE WESTERLY BOUNDARY OF THE ABOVE MENTIONED PROPERTY A DISTANCE OF 25.11 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING SOUTH '3'12'23" WEST ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 1249.08 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND WHOSE RADIUS POINT BEARS NORTH 10000'24" WEST A DISTANCE OF 70.00 FEET; THENCE EASTERLY NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 76'47'13" AN ARC DISTANCE OF 93.81 FEET; THENCE NORTH 3'12'23" EAST A DISTANCE OF 159.02 FEET; THENCE NORTH 16042'07" EAST A DISTANCE OF 51.42 FEET; THENCE NORTH 3'12'23" EAST A DISTANCE OF 206.21 FEET; THENCE SOUTH 87"48'34" WEST ALONG A LINE 25.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE SOUTHERLY RIGHT OF WAY OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 66.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.636 ACRES OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF' RECORD. EXHIBIT C'" Page. L/- u ~of__q TEMPORARY I CONSTRUCTION EASeMENT I LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 721 u..~ CLIENT: COLLIER COUNTY TR ~SPORTA TlON DIVISION ==11 NOU ..... .~ . ~ ~ .==== RBER Ie BY: I.... 'ffE(7ffG~~-W: HACKNEY, P.S.M. NO. 5606 ...... ...... RUNDÅGI~ PrDt..aloual an,inaua. plannan, " land a_yon SCALE: N.T.S DA TE: DEC. 14 200~ c.w.. -.,. -.ate .... 740. ~....... -. 1I..u., If...... PI. "I" "IG"-'UI ".. eo..,. hU. 1'1, I" 1hûI7.1not, hñ WI.... PI. ....1 "I 117-IUI DRAWN BY: Jf\N PROJECT NO.: 831:$ eorWl.... 01 AIoIloodo.U_ II... 1.11 II" .... II III. r... HI 11_1'01 ACAD NO:B672-SD29 FILE NO: 8672 0"""'_- - .. --_.._--~-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in routina order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/8/05 Agenda Item Number 16Cl Aooroved bv the BCC Type of Document Satisfactions of Lien Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other oarties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the Yes document or the final ne~otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes si~nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04 ~"'o>..'.~"""'''''"''''''~_''''''''''',,""~-''-M\'''"''''',..'''''_''''''''___''''''' ._"'._'~' ~>"'''-,~. ',,, ."".,,,....',''''''~,,',''q'''...,-''''._'''-,..,..._.,,..-'",.",....._--"---.'-.-..--.-..----.. *** 3556519 OR: 3731 PG: 4047 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/10/2005 at 10:00AM DWIGHT B. BROCK, CLERK RBC FBB 10.00 This instrument prepared by: COPIBS 1. 00 Robert Zachary Retn: CLERK TO THE BOARD Assistant County Attorney INTBROFFICE 4TH FLOOR 16Cl Office of the County Attorney BIT 8406 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SA TISF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Po stelle % G Jean Canty 2695 Beacon Hill Dr #211 Auburn Hills, MI48326 Lien was recorded on the 15th day of September 1994, in Official Record Book 1985 Page 0982 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Twenty Five Dollars and No Cents ($425.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 8 IN CARSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 1, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA -------- Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this frT11 day of FEð~qA~Y, 2005. ....,..- . . ........ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ;, ¡JC ~W.~~ By: CHAIRMAN Approved as to form . an~~ Item # tiDt ( ROBERT ZACHARY Agenda 2. -B ..oS- Date Date 2..q..oS- Rec'd ~ ----------- -----."......--.---,,-.---.....--- *** 3556520 OR: 3731 PG: 4048 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/10/2005 at 10:00AK DWIGHT E. BROCK, CLERK REC PEE 10.00 This instrument prepared by: COPIES 1. 00 Robert Zachary Retn: CLERK TO THE BOARD Assistant County Attorney INTEROPFICE 4TH FLOOR 16Cl Office of the County Attorney BIT 8406 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Postelle % G Jean Canty 2695 Beacon Hill Dr #211 Auburn Hills, MI48326 Lien was recorded on the 16th day of March 1995, in Official Record Book 2039 Page 1160 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Eight Hundred Ninety Two Dollars and No Cents ($892.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 8 IN CARSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 1, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of F£t~I</..(A(dV, 2005. , ATTEST: .'" "'. BOARD OF COUNTY COMMISSIONERS, DWICHITE.,BROCK:,Clerk COLLIER COUNTY, FLORIDA . , :.' . ' "- ~. , ¡LJC ~W.~ Attest .&S, t,tna Ú"an· S By: S tgl&~wr. \ ~'~f. . ' CHAIRMAN -, " -1rÞ....·· Approved'ák 'to' torm and Ie al s . , ncy ~ -_.__.. ,.,.._-,~---_..,.- *** 3556521 OR: 3731 PG: 4049 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 02/10/2005 at 10:00AM DWIGHT E. BROCK, CLERK REC PEE 10,00 This instrument prepared by: COPIES 1. 00 Robert Zachary Retn: Assistant County Attorney CLERK TO THE BOARD INTEROPFICE 4TH FLOOR 16Cl Office of the County Attorney BlT 8406 3301 East Tamiami Trail . Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SA TISF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Postelle % G Jean Canty 2695 Beacon Hill Dr #211 Auburn Hills, MI48326 Lien was recorded on the 16th day of March 1995, in Official Record Book 2039 Page 1184 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Dollars and No Cents ($300.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 8 OF CARSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 1, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ii1L day of FG'IôÆL041J. Ý , 2005. .-r:- ':- ~. ~./ ~. BOARD OF COUNTY COMMISSIONERS, ATTEST.:"\ ..... '. . DWIGHÏ,E.ß~9C[~'dè1~}k . COLLIER COUNTY, FLORIDA . . - . J)C Q. .. ". I. ~vl þ~ - '._ : I By: At te--i t a s to ,Cn-âtrUn I s s 1 gilt~.~ 01' 11 ~ .', . CHAIRMA .' Approved as to form and legal sufficiency ~¿1-----; ROBERTZA ARY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16C2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !!f.t£!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in routinlz order) 1. 2. 3. 4, 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the BCC has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was 2/8/05 Agenda Item Number 16C2 Aooroved by the BCC Type of Document Satisfaction of Lien & Resolution Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the Yes document or the final nel!:otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes sil!:nature and initials are reQuired. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms! County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2005- 83 16C2 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal seNices special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official ecord Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal seNices special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 SeNice Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 16612 This Resolution adopted after this g-#J day of FEÆII.IAI4R. y, 2005 after motion, second and majority vote. BOARD OF COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHTE.BROCK, CU;:HK ~< (l--~~W) I ~e BY: ~W.G ~ Attt~t, ¡-s·:toCha 1 rill" · S CHAIRMAN ð s 1 gaa~vr' OR 11~ . *** 3556500 OR: 3731 PG: 4028 *** ,- RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/10/2005 at 09:52AM DWIGHT E. BROCK, CLBRK REC FEE 10.00 COP IE S 1.00 Retn: David C. Wei I CLERK TO THB BOARD County Attorney INTEROFFICE 4TH FLOOR EXT 8406 *** 3556501 OR: 3731 PG: 4029 *** RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:52AM DWIGHT B. BROCK, CLBRK REC FEE 10.00 This instrument prepared by: COPIBS 1. 00 Robert Zachary Retn: Assistant County Attorney CLERK TO THE BOARD 16C2 INTBROFFICE 4TH FLOOR . Office of the County Attorney EXT 8406 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 40170480002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Flores, David=& Norma 2680 Everglades Blvd N Naples, FL 341201526 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 68 N 180FT OF TR 6 Folio No. 40170480002 Project No. 66000 Account No. 16612 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of FEÆRwAt<ý ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER ~LORIDA e By: W. ~ S 1i"at~'~1~ . CHAI RMAN pprove.q as tõform' and legal;súffiê¡~nèy " ~ 7:7/ ROBERT ZACHARY 16C3 MEMORANDUM -- Date: February 08, ~OO.) To: Marlene Foord, AICP Grants Coordinator From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Acceptance of Grant Form Florida Department of Law Enforcement Grant please find one (1) original of the above referenced document (Agenda Item # 16C3) which was approved by the Board of County Commissioners on Tuesday, February 8, 2005. I have also included per your request, one (1 ) copy for your records. If you should have any questions regarding this document, please feel free to call me at 732-2646, ext. 7240. Thank you. Enclosure(s) . <--~..- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16C3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete th6 checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. - 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the item.) Name of Primary Staff Pamela Libby Phone Number 775-2007 Ext. 0 Contact Agenda Date Item was 2/8/05 Agenda Item Number l6©3 Approved by the BCC Type of Document Acceptance of Grant Form Number of Original 2 copies of signature Attached Documents Attached page needed - one original grant form INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed (jlJ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05 .,,=---_ _,~c~..,' æ:16C3 - ì , ! I I I I Florida Department of Law Enforcement , State Fiscal Year 2004-2005 I -- -- I I I Applic,ation for Grant Funding law Enforcement Te,rrorism Pre.vention> Pr:og,£a:m I I --".~.- --- >..- _...,,~.. .--- Law Enforcement Terrorism Prevention Program 16C3 " Florida Department of Law Enforce~ent I TABLE OF CONTENTS I Application Instructions..... .......................... ......... ......... ........ .................. ..........................2 Submission Deadline............................................................ ............................. ,..............7 A. Applicant Information......................... ......... ............. ...... ... ...... .................. ...... ............ 8 B. Administrative Data..................................................................................................... 9 C. Fiscal Data.................................................................................................................. 9 D. Project Description ................................................................................................... 10 E. Budget Schedule............................................................................................ .......... 11 F. Budget Narrative ...................... .... ................................... ................................... ...... 12 G. Conditions of Acceptance & Agreement.................................................................... 13 H. Signature Page ................... ..... .... ..... ......... ............. .... ......... ........ ...... ............. ......... 23 I. EEO Certification- Subgrant Recipient........... ................................... ...... ..................25 LETP Application State Fiscal Year 2004-2005 1 ~.-..._.. Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement I APPLICA'TION INSTRUCTIONS Numbers and letters correspond to those in the Application. FDLE Grant Contract #: To be completed by FDLE. Is~ue #: To be completed by Subgrant Recipient. County Name: Enter your county name. RDSTF (Regional Domestic Security Task Force) #: To be completed by Subgrant Recipient. Federal CFDA #: To be completed by FDLE. Project Title: Limit to 84 typed characters including spaces. A. APPLICANT INFORMATION 1. Subgrant Recipient Name: Enter the name of the agency or organization receiving LETP funding, i.e., city, county, agency, organization. 2. Chief Official of Subgrant Recipient: Enter the name and contact information of the award recipient, i.e., mayor, commission chairman, agency, organization head. 3. Chief Financial Officer of Subgrant Recipient: Enter the name and of the Chief Financial Officer employed by the subgrant recipient. 4. Implementing Agency: Enter the name and contact information of the agency or organization that will be responsible for carrying out the project activities. 5. Chief Official of Implementing Agency: Enter the name and contact information of the chief official, i.e., sheriff, chief, agency or organization head. 6. Project Director: Enter the name and contact information for the individual responsible for managing and implementing project activities. 7. Contact Person: If Project Director is not available, then this individual will be the contact for FDLE. B. ADMINISTRA TIVE DATA GRANT PERIOD: Requested Start Date: End Date: For questions regarding these dates, call the Office of Criminal Justice Grànts at 850-410-8700. LETP Application State Fiscal Year 2004-2005 2 '_._~._'''. .-~---_.._-~.- - ,....-..- --",---- Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement C. FISCAL DATA 1. REMIT WARRANT: Leave blan'k if funds are to be sent to the Chief Financial Officer listed in Section A. If you are requesting that funds be sent to an individual other than the Chief Financial Officer, enter their information in this section. 2. FEID #: Enter the Federal Employer Jdentification Number assigned by the Internal Revenue SeNice. 3. STATE AGENCY FLAIR #: This is for state agencies only - enter the FLAIR Fund Identification Account Number. 4. DUN and BRADSTREET #: Jurisdictions should verify that they have a DUNS number or take the steps necessary to obtain one as soon as possible, so as not to delay their application process. How to Obtain a DUNS Number: Federal grant applicants can receive a DUNS number at no cost by using the Dun and Bradstreet on-line application process located at https://eucdate.dnb. cOî,1/rsauesrcptions. htm?cmid=EOE 100537 You may also obtain a DUNS number by calling the dedicated toll-free DUNS number request line at 1-800-333-0505. When calling the toll-free number, inform the operator that you are in the process of applying for a federal grant; this will ensure you are not charged for the processing of your DUNS number. D. PROJECT DESCRIPTION BRIEFL Y describe your project activities in narrative form based on the Initial Strategic Implementation Plan (ISIP). The ISIP was enclosed in your notice of LETP funding letter. Example: The Florida Springs Police Department will purchase equipment that supports the Regional Domestic Security Task Force operations in order to. implement Florida's Domestic Security Strategy. The Department will participate in the Task Force training in order to effectively prepare for and respond to a terrorist event. LETP Application State Fiscal Year 2004-2005 3 ~~.," '- Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforce1!'ent E. BUDGET SCHEDULE The Budget Schedule presents the sum of sub-totals from each of the categories from the Budget Narrative page. Enter the total of federal funds for each budget category that you will use to support all project activities. Use whole dollar amounts only (no decimals). Please refer to your ISIP for your individually approved expenditures. For questions regarding unallocated items listed on your ISIP, please call John Kohnke Üohnkohnke@fdle.state.fI.us) or Sherry Gomez (sherrygomez@fdle.state.fl.us) at the FDLE Office of Domestic Preparedness (850) 410-8690. Definitions: SALARIES & BENEFITS May be used for overtime and backfill costs and limited fringe benefits (FICA, Workers' Compensation and Unemployment Compensation). Fringe Benefits for staff paid under this category must be based on actual known cost or an established formula, and only for the amount of time devoted to this project. CONTRACTURAL SERVICES Consulting fees: Enter the name of the consultant/firm if known, the service to be provided, fixed price, hourly or daily fee, and estimated time on the project. Fees in excess of $450 per day require additional justification and prior FDLE approval. The contract must include: · By reference, Conditions of Acceptance and Agreement of the LETP Program Application · Local units of government must use their respective contract rules and regulations. In the absence of local rules and regulations, state regulations must be used as a guide. · State agencies must comply with Section 3A-31.601-31.605, Rules and Regulations of the Department of Financial Services, and Chapter 22K-20 of the State Board of Administration Rules and Regulations. · Contracts with individuals must ensure that dual compensation is not involved, that the arrangement is written, formal, proper and otherwise consistent with the subgrant recipient's usual practices for obtaining such services, that time and services for which payment will be made and rates of compensation will be supported by adequate documentation, and that transportation and subsistence costs for travel performed are at an identified rate consistent with the subgrant recipient's general travel reimbursement practices. . Contracts with other government agencies must ensure that work or services are directly and exclusively devoted to project purposes and charged at rates not in excess of actual costs to the "contractor" government agency. EXPENSES Funds may be used in the budget category to pay for miscellaneous "project-related expenses" that fall below most agencies purchasing dollar threshold to be considered "capital outlay". In general, these are individually priced small items such as office supplies, travel expenses, advertising, printing, publicity, office rent, conference space, rented or leased equipment, postage & telephone, etc. or small equipment that has a life expectancy of less than a year and are "expendable". If in question, check with your finance officer to determine if what you want to purchase is an "expense item" or a "capital outlay item". LETP Application State Fiscal Year 2004-2005 4 .w.,·_ Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement OPERATING CAPITAL OUTLAY (OCO) OCO expenditures are items usually having a unit cost of $1,000 or more and/or a useful life of more then one year. However, if your local government accounting procedures define OCO at a Jesser or greater amount, then follow your local government purchasing guidelines. INDIRECT COSTS Funds paid for indirect costs are reimbursable. A copy of the locally approved Indirect Cost Plan should be submitted with the project application. Subgrantee must obtain OCJG approval prior to reimbursement of indirect costs. State agencies must have prior approval from a cognizant federal agency. The OCJG reserves the right to authorize reimbursement of subgrant inJirect costs. Guidelines for calculating Indirect Cost: If the Indirect Cost is 3.4%, figured on total federal dollars, $75,000, use the following calculation: 75,000 / 1.034 = 72,533.85, then 72,533.85 x 0.034 = 2,466.15 which is the allowable Indirect Cost If the Indirect Cost is based on Salaries and Benefits, the calculation will only be against the salaries and benefits shown in that budget category. F. BUDGET NARRATIVE a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pages if necessary.) Please respond to the following three items before providing the details of the Budget Narrative. 1. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No: If no, please explain. Yes: If yes, please list number and title of position and type of benefits. 2. Indicate the OCO threshold established by the subgrantee. $ 3. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Salaries & Benefits Example: Overtime and fringe benefits for two employees to attend the Northeast Florida Domestic Security Task Force cyber security training. aT estimated average $35 hr.x 55 hrs = 1,925. x 2 = $3,850 Employer's FICA 7.65% x 1,925 = 147 x 2 = 294 Retirement 18.53% x 1,925 = 357 x 2 = 714 TOTAL Overtime & Fringe $4,858 LETP Application State Fiscal Year 2004-2005 5 ... .- __'C"~"~___ <-,-~-_.._.<,< ~,..- 16C3 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement Contractual Services Example: Hire consultant trainers to develop and use training materials to train law enforcement personnel in how to build information sharing capacities and use interoperable communications equipment. Name: Rand Intelligence Corporation Purpose: Building information sharing capacities Fixed price for 6-month contract $25,000 Expenses Example: Training and travel for two members participating in the Northeast Florida Regional Domestic Security Task Force ODP-approved evacuation training classes. Hotel: $90/night x 2 = $180 Per Diem: $35/day x 3 days x 2 = $210 Registration: $150 x 2 = $300 TOTAL: $690 Operating Capital Outlay Example: Antenna $10,000 10 portable repeaters @ $250 ea 2,500 10 satellite phones @ $500 ea 5,000 Video Cameras 60 @ $5,000 ea 30,000 Fencing 5,000 ft. x $50 ft. 250,000 Doors & gates 50 @$2,OOO ea 100,500 Disarm/disable system 1 ea @ 102.000 TOTAL $500,000 G. CONDITIONS OF ACCEPTANCE AND AGREEMENT This section details the agreement's contract terms and conditions. H. SIGNATURE PAGE The parties sign affirming they each have read and agree to the conditions of the contract. A signed copy will be returned to you upon signature of the State representative which executes the contract. I. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (FOR THE SUBGRANT RECIPIENT) Submit an Equal Opportunity Certification Letter as part of the application. If the subgrant recipient is the same agency as the Implementing Agency, submit only one (1) EEO letter. LETP Application State Fiscal Year 2004-2005 6 r .,.,-. ~"~-- -_.~.~~."" "-"---"'-~-.---- ~_. Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement SUBMISSION INFORMATION SUBMIT TWO APPLICATIONS WITH SIGNED ORIGINAL SIGNATURE PAGES One copy will be returned to you as an executed contract. Corrections by strikeovers, whiteouts, etc. on the signature pages cannot be accepted. DEADLINE DATE: 30 days subsequent to the date of the "Notification of Funding". MAIL 2 COPIES WITH ORIGINAL SIGNATURES TO: Clayton H. Wilder Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee,FL 32308 LETP Application State Fiscal Year 2004-2005 7 -... .-.,.- ..__.~.~-,-~-- +-.-- Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement FDLE GRANT CONTRACT #: ISSUE #: To be completed by FDLE To be completed by FDLE COUNTY NAME: RDSTF #: FEDERAL CFDA# 97.004 Collier To be completed by FDLE PROJECT TITLE: Water Department Security Upgrades Limit to 84 t ed characters includin s aces. 1. SUBGRANT RECIPIENT NAME: Collier County Name of a enc or 0 anization 2. CHIEF OFFICIAL OF SUBGRANT RECIPIENT: Title Chairman Address 3301 East Tamiami Trail Cit Zi Code 34112 Area Code/Phone 239-774-8097 Fax 239-774-3602 3. CHIEF FINANCIAL OFFICER OF SUBGRANT RECIPIENT: Dwight Brock Title Clerk of Courts clerk.collier.fI.us Address 3301 East Tamiami Trail Cit Zi Code 34112 Area Code/Phone 239-732-2745 Fax 239-774-2096 4. IMPLEMENTING AGENCY: Collier County Public Utilities Division Agency responsible for implementing project activities 5. CHIEF OFFICIAL OF IMPLEMENTING AGENCY: Jim DeLon Title Division Administrator Address 3301 East Tamiami Trail Cit Na les, FI. Zi Code 34112 Area Code/Phone 239-732-2540 Fax 239-732-2526 6. PROJECT DIRECTOR: Greg Thacker Individual responsible for managing and implementing project activities Title Safet Coordinator E-Mail Address Address 8005 Vanderbilt Beach Road Cit Na les, FI. Zi Code 34120 Area Code/Phone 239-352-7001 Fax 239-352-7020 LETP Application State Fiscal Year 2004-2005 8 ,~--~---_._- ,- ,-.-.,.--.... ....n Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement 7. CONTACT PERSON: Pam Libby If Pro 'ect Director is not available, then this individual will be the contact for FDLE. Title Distribution Mana er Address 800 Te I Road Cit Na les, FI. Zi Code 34112 Area Code/Phone 239-775-2007 ext 202 Fax 239-774-3310 GRANT PERIOD: Start Date: 11/01/2004 End Date: 06/30/2005 1. REMIT WARRANT: Leave blank if funds are to be sent to the Chief Financial Officer listed in Section A. If you are requesting that funds be sent to an individual other than the Chief Financial Officer, enter their information in this section. If subgrantee is participating in the State of Florida Comptroller's Office electronic transfer program, reimbursement cannot be remitted to an other en tit than the Chief Financial Officer. Name Title E-Mail Address Address Cit Zi Code Area Code/Phone Fax 2. FEID # FOR SUBGRANT RECIPIENT: County 21-07-019995-53C Federal Employer Identification Number 3. STATE AGENCY FLAIR #: N/A 4. DUN AND BRADSTREET #: 076997790 LETP Application State Fiscal Year 2004-2005 9 ......-'.,..._~->." --" "_4--> -- 16C~ Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement ,,',- ';":',,"':<.0..+,':- ..:, ,.~ D.PROJECTDES'a~IPTION :: -' ...~.:.,;* ;'~ ',i· Based on your approved Initial Strategic Implementation Plan (lSIP), BRIEFLY describe project activities in narrative form. Please refer to the attached ISIP provided. Limit text to this page only. Upon receipt of Grant funding we will be installing new mechanical gate, key access panel, and loop exist sensors at our existing Carica Pump Station and the Raw Water Booster Station. Our remote sites will be installed with security cameras with digital recorders that will transmit back to the South Plant and North Plant. The entry gates will be replaced with mechanical gates with key pad and loop system for exiting. In addition to these remote site upgrades we will provide the security department at Facilities Management with three computers and three monitors as a backup. LETP Application State Fiscal Year 2004-2005 10 _'__'"·H···~_'___..~_.____ Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement Enter the sum of the sub-totals from each of the budget categories from the Budget Narrative (Section F) that are applicable for your project's expenditures. Enter dollar amounts only in applicable categories and leave other areas blank. Use whole dollar amounts only. BUDGET CATEGORY FEDERAL (TOTAL) AMOUNT Salaries & Benefits N/A Contractual Services N/A Expenses N/A Operating Capital Outlay $100,552 Indirect Costs N/A TOTAL $100,552 LETP Application State Fiscal Year 2004-2005 11 _~. " "'~n~_~'.>·.,. . ~.._---~-" ,--- -"~~ Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement ··;;;F.>S}UDGET NA~ØiÎVE <f~~; (''/: ¡>h " ;<;9;; Unit costs are to be provided for each budget category as specified in Section E. This documentation must be described and itemized. Please include subtotals and totals if applicable. Use additional pages if necessary. Site One - Carica Reoumo Station Dedicated micros digital recorder........................................................ ..5515.25 Pelco cameras................................................................................. .3047.44 Panasonic monitor.............................................................................. 650.00 Camera mounting brackets...... ............... .... .... ... '" ...... ........... .............. 380.21 Key board....................................................................................... ...488.60 Fiber optic cables, J-boxes, surge protectors, time and Material............ ..13418.50 Total ... .$23,500.00 Site Two - Raw Water Booster Station Dedicated micros digital recorder....................................................... ...5515.25 Pel co cameras................................................................................. .3047.44 Panasonic monitor.. ..... ...... .................... ............. .......... .................. ....650.00. Camera mounting brackets.. ... ................ ............... .... .......... ...... ..... ..... 380.21 Key board......................................................................................... .488.60 Fiber optic cables, J-boxes, surge protectors, time and Material... .......... .13418.50 Total.. ..$18,902.00 Site Three - Carica Reoumo Station 20x6 bi part chain link swing gates Gate operatorDK61 00 master Y:z hp batt Gate operator DK6100 slave Y:z hp batt 2600-691 pad mounting kit Mounting plates to attach operator Surge protector Ditek DTK 120HW 120 volt Loop detector king 2-channel One free exit loop and 2 hold open loops on either side of gate Photo cell omron AE3K Receiver EV ACR24N 24vac/dc Keyless ACP00738 linear keyless Receiver lift master 971 LM security Contractual Installation Cost Total: $26,000.00 Site Four - Raw Water Booster Station 20x6 bi part chain link swing gates Gate operatorDK6100 master Y:z hp batt Gate operator DK6100 slave Y:z hp batt 2600-691 pad mounting kit Mounting plates to attach operator Surge protector Ditek DTK 120HW 120 volt Loop detector king 2-channel One free exit loop and 2 hold open loops on either side of gate Photo cell omron AE3K LETP Application State Fiscal Year 2004-2005 12 .. .__om .-.,----. Law Enforcement Terrorism Prevention Program 1 C3 Florida Department of Law Enforcement Receiver EV ACR24N 24v ac/dc Keyless ACP00738 linear keyless Receiver lift master 971 LM security Contractor Installation Cost Total Cost: 26,000.00 Site Five - Collier County Security Monitorina Facility 3 Panasonic monitors...................................................... .............. ...1200.00 3 Computers................................................................... ...... ...... .. .3300.00 Cables to tie intra net connection into server..... ..................................... .1650.00 Total Cost: $6,150.00 LETP Application State Fiscal Year 2004-2005 13 ->._,,"^" " ~~._- -~.-." -." ......- Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement - , ("~.~';·';U)X;';';,~: Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in Item 13 of this section. The subgrant recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs Financial Guide and the U. S. Department of Homeland Security, Office for Domestic Preparedness FY 2004 Homeland Security Grant Program Guidelines and must support the goals and objectives included in the State Homeland Security Strategy for Florida. The Financial Guide incorporates by reference the provisions of the Office of Management and Budget (OMB) circulars and government-wide common rules applicable to grants and cooperative agreements. The subgrant recipient agrees to comply with all federal statutes, regulations, policies, guidelines and requirements, Including OMB Circulars, as applicable: Administrative Reauirements - OMS Circular A-102 "Grants and Cooperative Agreements with State and Local Governments" and OMS Circular A-110 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", 48 CFR 31.2 "Contracts With Commercial Organizations" and 45 CFR 74, Appendix E "Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals" Cost PrinciDles - OMS Circular A-21 "Cost Principles for Educational Institutions", OMS Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments", OMS Circular A-122 "Cost Principles for Non- Profit Organizations" Audit Reauirements - OMS Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations"; Statutory Authority - Public Law 108-090. 1. Reports a. Project Performance Reports: The subgrant recipient must submit a Semi-Annual Project Performance Report to OCJG by January 10 and July 10. The reports must report data relating to January _ June and July through December. Failure to submit Performance Reports that are complete, accurate and timely may result in sanctions. b. Financial Reports; (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty- one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". LETP Application State Fiscal Year 2004-2005 14 <,.-- ..__.._._~-- -.".....-, -"-"~'.- _M_ 16C3 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement (2) All claims for reimbursement of subgrant recipient costs shaH be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) AH claims for reimbursement shaH be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the "final" claim will be processed, the subgrant recipient must submit to the OCJG all outstanding project reports and must have satisfied aH special conditions. Failure to comply with the above provisions shaH result in forfeiture of reimbursement. c. Other Reports: The subgrant recipient must submit other reports as may be reasonably required by the Department. 2. Project Closeout Project funds that have been properly obligated by the end of the subgrant funding period will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant funded project will not be closed out until the subgrant recipient has satisfied al/ closeout requirements in one final subgrant closeout package. A check for the full amount of any unexpended funds must accompany the closeout package. All refunds or repayments made to the Department under this Agreement are made payable to the order of "Florida Department of Law Enforcement" and mailed to the foHowing address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee,FL 32308 3. Fiscal Control and Fund Accounting Procedures The subgrant recipient must establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project must be disbursed according to provisions of the project budget as approved by the Department. All funds not spent according to this agreement will be subject to repayment by the subgrant recipient. 4. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for Statel. Local and Indian Tribal Governments", or OMB Circular A- 21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A- 110 and Florida law to be eligible for reimbursement. 5. Travel and Training The cost of all travel shall be reimbursed according to local regulations. A municipality or agency of a municipality may provide for a per diem and travel expense policy which varies from providions in Chapter 112.061 §4; Florida Statutes. If a municipality does not provide a per diem and travel policy pursuant to the above subsection, it remains subject to, but not in excess of provisions in Section LETP Application State Fiscal Year 2004-2005 15 -~.'-~'-' ,~ ..._.,.,..,·_.,...u.._. ----~_..- "------" ------,., Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforce~ent 112.061, Florida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 6. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) Under no circumstances can transfers of funds increase the total budgeted award 7. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funding. 8. Advance Funding Advance funding may be authorized for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the OCJG justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the OCJG prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. 9. Excusable Delays Except with respect to defaults of consultants, the subgrant recipient will not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrant recipient. If failure to perform is caused by failure of a consultant or third party to perform or make progress, and if such failure arises out of causes beyond the control of the subgrant recipient and the consultant, and without fault or negligence of either of them, the subgrant recipient will not be deemed in default, unless: a) Supplies or services to be furnished by the consultant were obtainable from other sources; b) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources; and c) The subgrant recipient failed to reasonably comply with such order. LETP Application State Fiscal Year 2004-2005 16 "----~.- ._----- .-- 16C3 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement Upon request of the subgrant recipient, the Department will ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule will be revised accordingly. 10. Obligation of Subgrant Recipient Funds Subgrant recipient funds must not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for funding under this subgrant. A cost is incurred when the subgrant recipient's employee or consultant performs required services, or when the subgrant recipient receives goods, notwithstanding the date of order. 11. Review of Consultant Contracts The Department shall review all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Review shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The review of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department will impose sanctions it deems appropriate including withholding payments and cancellation, termination" or suspension of the agreement in whole or in part In such an event, the Department will notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient will be paid only for those services satisfactorily performed prior to the effective date of such sanction. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of Florida Department of Law Enforcement and mailed directly to the Department at the following address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 13. Access To Records The Florida Department of Law Enforcement; the U.S. Department of Homeland Security, Office of Domestic Preparedness; and the Auditor General of the State of Florida; the U.S. Comptroller General or any of their duly authorized representatives, will have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial Guide, as amended. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency or conbactor refuses to allow public access to all documents. papers. letters, or / other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant. or its contractor in conjunction with this agreement. LETP Application State Fiscal Year 2004-2005 17 ~"--- ".~----- ~-<--~~~. , .,.-....------'. "----"... .. '0 __"~ Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement 14. Audit a. Subgrant recipients and Implementing Agencies that expend $500,000 or more in a year in federal awards must have a single Of program-specific audit conducted for that year. The audit must be performed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement must be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract must be identified as federal funds passed-through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient must submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report must include any management letters issued separately and management's written response to all findings; both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned. c. The subgrant recipient must have all audits completed by an independent public accountant (IPA). The IPA must be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient and/or Implementing agency must take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient and/or Implementing Agency must ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients andlor Implementing Agencies that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements of OMS Circular A-133 for that fiscal year. In this case, written notification must be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice must be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is dosed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit reports should be sent to the following address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 15. Retention of Records The subgrant recipient must maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 16. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs' Financial Guide, as amended or OMS Circulars A-110 or A-102, as applicable. 17. Property Accountability The subgrant recipient agrees to use all non-expendable property for domestic security purposes during its useful/ife or request Department disposition. LETP Application State Fiscal Yesr 2004-2005 18 '^- -.,.- ..' ._-.~- ---'" -.,'..----.. 16C3 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement The subgrant recipient must establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide, as amended or the federal OMS Circulars A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 18. Disputes and Appeals The Department will make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and will distribute its response to aU concerned parties. The subgrant recipient must proceed diligently with the performance of this agreement according to the Department's decision. If the subgrant recipient appeals the Department's decision, it must be submitted in writing to the Department's agency clerk within twenty-one (21) calendar days of receipt of notification. The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 19. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, representatives of the Department and/or the U.S. Department of Homeland Security have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 20. Publication or Printing of Reports The subgrant recipient must submit one copy of all reports and proposed pUblications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the subgrant recipient's or government's expense, must contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) 'This project was supported by grant award number 2004-GE-T4-0010 awarded by the U.S. Department of Homeland Security, Office of Domestic Preparedness. Points of view within this document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Homeland Security." 21. Equal Employment Opportunity (EEO) All subgrant recipients are required to comply with nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non- Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. The subgrant recipient acknowledges, by completing and signing the attached EEO Certification Letter that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if subgrant recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date of this agreement to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System LETP Application State Fiscal Year 2004-2005 19 .., _,",__.'.,__...·,~'h_,_,.____,,·_.'" ' --"._""._----_..~.".,- ---'.'..--"-" -".--". ~·,_·__"o_,_", Law Enforcement Terrorism Prevention Program 16C3 Florida Department of Law Enforcement - Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U. S. C. 3783 (a) and CFR Ser;tion 42.207 Compliance Information; Title VI of the Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, D, E. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a subgrant recipient of funds, the subgrant recipient must agree to forward a copy of the findings to the USDOJ Office of Justice Programs (OJP), Office for Civil Rights. All subgrant recipients must provide the OJP Office for Civil Rights with an Equal Opportunity Plan, if required to maintain one, where the subgrant award is $500,000 or more. 22. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law (P.L.) 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). (Reference Title /I of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) 23. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it will not enter into any lower tiered covered transaction with a party that is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 24. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 25. Federal Restrictions on Lobbying The subgrant recipient agrees to comply with Section 319 of PL 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule, " published in the February 26, 1990, Federal Register. Each person must file the most current edition of this Certification and Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. LETP Application State Fiscal Year 2004-2005 20 -;.-. " ._......_,..._"'--""..^~ ---- ----~--- 16C3 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforce~ent The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds··have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any non-federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned must complete and submit the standard form, Disclosure of LobbvinQ Activities, according to its instructions. c. The undersigned will require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients must certify and disclose accordingly. 26. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. 27. Political Activities Limitations The subgrantee assures that it will comply with provisions of federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by federal grants (5USe 1501, et seq.) 28. Fair Labor Standards The subgrantee assures that it will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 29. Environmental Protection Agency's (EPA) List of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used is under consideration for listing by the EPA. 30. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 31. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 use 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Florida Department of Law Enforcement of the existence of any such properties and by (b) complying with al/ requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. LETP Application State Fiscal Year 2004-2005 21 -~-_..._- -,-,--- ,^.-,..-,.-".~.--"-.,",-~ -.. "_A',~~ Law Enforcement Terrorism Prevention Program 16C) Florida Department of Law EnforcelJlent - 32. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L: 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 33. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist the Department in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds: (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a)purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice (DOJ), agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 34. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign the Signature Page have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 35. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 36. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 37. Supplanting The subrecipient agrees that funding under this award will be used to supplement, but not supplant, state or local funds for homeland security preparedness. Costs allocated' or included in any other federally financed program must not be included. LETP Appiication State Fiscal Year 2004-2005 22 ...,..,,~.~" - " -----'-" .,--,.,.... - ..'. ....- 16C3 Law Enforcement Te"orism Prevention Program Florida Department of Law Enforcement 38. Use of Funds The subrecipient understands and agrees that it cannot use any funding under this award either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the awarding agency. 39. Categorical Exclusions The subrecipient understands that funding under this award is to enhance its capabilities to prevent, respond to and recover from incidents of terrorism involving chemical, biological, radiological, nuclear or explosive weapons and cyber attack. Equipment purchases for this subgrant are restricted to 18 categories that range from personal protective equipment to search and rescue equipment, to cyber security equipment and related costs. This action consequently meets the OJP's criteria for categorical exclusion as contained in Title 40, paragraph 4(b) of Appendix D to Part 61, CFR Additionally, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. None of the following activities will be conducted either under this action or a related third party action: 1. New construction 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. 40. Authorized Equipment Expenditures The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The subrecipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Department of Law Enforcement (FDLE) must approve any purchases of equipment not itemized in a projecfs approved Initial Strategic Implementation Plan (ISIP) in advance of the purchase. The sub recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDLE will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The subrecipient shall notify the FDLE Office of Domestic Preparedness at 2331 Phillips Road, Tallahassee, Florida 32308 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The subrecipient shall notify the FDLE immediately if the equipment is destroyed, lost, or stolen. The subrecipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDLE. LETP Application State Fiscal Year 2004-2005 23 ,----.-.. --.-,.-. ."'-----~ - ..~. -.--.- Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement 16C3 H. $IGNATURE PAGE Submit two (2) original-signed copies of this page IN WITNESS WHEREOF, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety, and have executed this agreement by their duly authorized officers on the date, month and year set out below. (Corrections on this page inciuding strikeovers, whiteouts, etc. cannot be accepted.) State of Florida Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Name and Title: Clavton H. Wilder. Community Proaram Administrator Date: Ç..) Subgrant Recipient c: ! t 1.~. . 'V~, " . ..- ' :" J ' . . c1 lit: :, )...... ~. ......,..- " :"¿-I" :' .-~ . , VI~;; ~ ,- -. ..' , -.~ . ,........, ," .... iI "'t. '1 \ I \ \ _.£ ',) \ '-+J..'...... ~ f . c;t ø " ../ .' ..:r. - .". '. ~ '. . ......'..0 I. .... . ......-. -fl' ",: :;C_IIt ~ . -- . ìiII ,,' ti Name of Governmental Unit: Collier County Water District ~t;j~un Agenc rganization) Signature: Printed Name & Title: Date: ¿ - g - oS- Fred W. Coyle. Chairman Implementing Agency (Implementer of Project Activ;ties) ~de Water District Name of Implementing Agency: Organization) Date: ..z/9/ó5 James DeLany. Administrar-or PlIhli(' Ht-;litii/¡¡¡ Division ;¡. ......_...1·'''.. ".... -'...,.,"....~ <" ......".,;.; .,~'.' .':. . ", f"*'........__,·......~;..-'.._...." ""'..' .....,....... .~~ ~ ~J~ LETP Application" t . ft..._ Au "_6 ""'1(. .....""~ìl"-'""'Y 24 State Fiscal Year 2004-2005 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement 16C3 H. SIGNATURE PAGE Submit two (2) original-signed copies of this page IN WITNESS WHEREOF, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety, and have executed this agreement by their duly authorized officers on the date, month and year set out below, (Corrections on this page including strikeovers, whiteouts, etc. cannot be accepted.) State of Florida Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Name & Title: Clavton H. Wilder, Community Proaram Administrator Name of Governmental Unit: <::..J Date: 'i lit I~, " 'r'l[J:> '. ~. '?', .u~ ' '0 â 'J ,'~." . ....-.,. ,'cA). '-' . 'ld s... 0 . ':'" ,5.-. : ¡".+of... ' . cA.~ . ::Iv"'a. ' ~.... -c.,. Subgrant Recipient Signature: Collier County Water ~ Coun~, AgencylO nizatio ~W. (Chief Official of City, County, Agencyli District , ¡ , '::'~ '- ; 1'::1" ..'" :^ '...: .": r; ~..... \ ì :~-,;,) '... - " ~.. \.~, '~~, ..~. h_~..;~,-,: ..... II;':' Printed Name & Title: Fred W. Coyle, Chairman Date: .2 - f? - os.- Implementing Agency (Implementer of Project Activities Col]ier C W er District ting Organization) \ DeLany, Divisioll Date: LETP Application ~i::fW~"'·"O' .Allmt.Dï Itœnty Attorney 25 State Fiscal Year 2004-2005 Law Enforcement Terrorism Prevention Program Florida Department of Law Enforcement 16C3 I. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (SUBGRANT RECIPIENT) ML Clayton H. Wilder Community Program A.dministrator Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements for the Subgrant Recipient Dear Mr. Wilder: I, THE UNDERSIGNED AUTHORIZED OFFICIAL, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that! ¡lave read the Act Criteria set forth in the Subqrant Application PackaQe and Instructions. I understand that iF the subgrant recipient meets this criterion, it must formulate, implement and maintain a written EEO Program relating to empíoyment practices affecting minority persons and women. also affirm that the subgrant recipient (Initial one of the following): ~ Does meet Act Criteria and does have a current EEO Program Plan. - Does meet Act Criteria and does not have a current EEO Program Plan, Does not meet Act Criteria, I FURTHER AFFIRM that if the recipient meets the Act Criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds, Signature of chief official: ~w.~ FRED W. COYLE, CHAIRMAN (Print Name, Title & Agency/Organization 2 -8 ..OS- (Date) Item # L£TP Application . l·" L, ~ '';''!,.~ ~'-;I"· A_~or.n.¡;t~- ~t. County Attornøy 26 2004-2005 _·"_·,.....,..,"<·~..""'.........·..~>.....·__M___'"-·__.._ 16 ""'C3 MEMORANDUM Date: March 28, 2005 To: Pam Libby, Distribution Manager Public Utilities Water Division From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Certification of Acceptance of Sub-Grant Award Enclosed please find the "original" document, as referenced above, approved by the Board of County Commissioners on February 8, 2005 (Agenda Item #16C3) . Kindly forward the document to the appropriate parties for their signatures, and have the fully, executed original returned to the Minutes and Records Department. If you should have any questions, please feel free to contact me at 732-2646 ext. 7240 Thank you. Enclosure ..-_._._.~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand deJivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceution of the Chairman's silmature, draw a line through routing Jines #1 through #4, comolete the checkJist, and forward to Sue Filson (Jine #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, All original documents needing the BCC Chairman's signature are to be deJivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Pamela Libby Phone Number 253-0215 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 16C3 AODfoved bv the BCC Type of Document Certification of Acceptance of Sub-Grant Number of Original 1 Attached A ward Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PL si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on_2/8/05_(enter date) and all changes PL made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03,04. Revised 1.26,05, Revised 2,24.05 16 C3 Memorandum To: Sue Filson - ~utive Manager Pamela Libb~" Water Distribution Manager From: Date: March 26, 2005 Subject: FDLE Grant At the February 8, 2005 Board of County Commissioner's Meeting Item Number 16C3 was approved and the Chainnan executed all documents at the time that were provided by FDLE. The Water Department recently received one additional document that needs to be executed by the Chainnan and returned by April 1, 2005 in order to complete the Grant acceptance process. Please let me know when the document is signed and I will Federal Express the original back to FDLE in order to meet the tight turn around deadline. If you have any questions, please contact me at 253-0215. Office of the Water Distribution 16 ~·c 3 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 05-CJ-L2-06-21-01-140 in the amount of $100,552, for a project entitled: Water Department Security Upgrades for the period of 11/01/2004 through 06/30/2005, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's conditions of agreement and special conditions governing this subgrant. '1uLw. ~ (Signature of Authorized Official) k-D,~~ ~ 'f" -:J.f'íìS (Date of Ac ptance) Fred W. Coyle. Chajrman Board of County Commissioner (Typed Name and Title of Official) ATTIST ~ì.~.~... ".' ,,' .... ,.-- .~ . QY: , ~e ..-.: " "\""'.'~' :.= ~ . \~t'bsti::.: ,tÞ ..:èh. f"..,. · s :~ ···,:··~l,.~~~~t/O'RJ:J. ;, '.. .._.~ ,. ~Lt.li')..~:. ~ . . t ,':-.'~ ) .~,¡' ..:....... ......" ,-:;"'-" ,') IJ . .,. ". ~ \ J ' .,:;, (J- Approved aa to form & legal tmriki~!!!}~' Tn~ P..l~ ~~..tCoutJ Attorney 16C4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 7, 2006 16C5 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 7, 2006 16C6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE As of February 7, 2006 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU~ . Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and fOI\Vard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. - 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. NormaJly the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. ) Name of Primary Staff ::rOç BFL.LON¡¿- Phone Number 4-It - 'O~ 8' Contact Agenda Date Item was fk-ßR-iAM-'i ~J;)..ODS Agenda Item Number lto c.1 Approved by the BCC Type of Document fJo7/ C,;- ù{-' CL.flrÌrr. c>F LíEN Number of Original 13 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 2. 3. 4. 5. I: Forms/ County Forms/ BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26,05 Yes (Initial) N/A (Not A licable) ~ ~ This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556482 OR: 3731 PG: 3981 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/10/2005 at 09:40AM DWIGHT E. BROCK, CLERK REC FEE COPIES 10.00 1. 00 Please returned copy to: Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR C 11' C P bl' U ·1" BXT 8406 o Ier ounty u IC tl Itles Operations Department 16,C7 Property Owners: Charles and Marie Smith, Tr. Folio Number: 31155002508 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, the Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot 21, Jasper Drive, Enchanting Shores Co-op, a Co-operative Mobile Home Park located in Collier County Florida. TO HAVE AND TO HOLD the same unto the Assignee, and Assignee's executors, administrators, legal representatives, heirs, distributes, successors and assigns, on and after the date hereof. The mailing address of this property is 21 Jasper Drive, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by CHARLES AND MARIE, TRUSTEES of the C & M Living Trust, whose mailing address is 1719 Blue Lick Road, Henryville, Indiana, 47126. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $520.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this 8t,h day"œFebruary,,2005. (': -':..' ..' c_ ,-. "". " ATTEST,: \ DWIGBT E. -BRdçK~ÇLE~ ~Qa' . .,' - .' " ." '" ,~ ( ..oc: . '., Dep¡ty.Ç!erk ' . . BOARD OF COUNTY COMMISIðNERs',· COLLIER COUNTY, FI:ÖRIDA,'~1; . THE GOVERNING BODYOF CQf;.LIER COUNTY AND AS EX·OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as tò form and legal sufficiency: p~ ~VV\ Thomas C. Palmer, AssIstant County Attorney BY: ~W. ~ FRED W. COYLE, CHAIR l\N This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556483 OR: 3731 PG: 3982 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:40AM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Please return copy to: Collier County Public Utilities Operations Department Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR HXT 8406 16C7 Owners: J. Bryan Emory and June P Riggin Folio Number: 31155007024 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, the Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit #3 Zircon, ENCHANTING SHORES CO-OP, a Co-operative Mobile Home Park located in Collier County Florida. TO HAVE AND TO HOLD the same unto the Assignee, and Assignee's executors, administrators, legal representatives, heirs, distributes, successors and assigns, on and after the date hereof. The mailing address of this property is 3 Zircon Drive, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by J. BRYAN EMORY AND JUNE P RIGGIN, whose address is 19237 Savannah Road, Georgetown, Delaware, 19947. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this 8thdaY,'9fPeb~uary, 2005. ATTEST: ';-;,,;' ' DWIGHTEh~ROCK" CbERK *~!k~b~"ctôrk Approved as töfofin and legal sufficiency: ,..,. . ... c ~ ',--' BOARD OF COUNTYCOMMISldNERS _ COLLIER COUNTY, FLOFJDA, ~i" THE GOVERNING BODY',OF Co: " IER: COUNTY AND AS EX·OFPICIO fiE GOVERNING BOARD OF TI1'E COLLIER' COUNTY WATER-SEWER DISTRICT '<:' -' l.W...----- C. Palmer, Assistant County Attorney BY: ~W. ~ FRED W. COYLE, CHAI AN This instrument prepared by: Office of the County Attorney 3301 East T amiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556484 OR: 3731 PG: 3983 *** RBCORDBD ìn OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:40AM DWIGHT B. BROCK, CLBRK RBC PBB COPIBS 10,00 1. 00 Please returned copy to: Collier County Public Utilities Operations Department Retn: CLBRK TO THB BOARD INTBROFFICB 4TH PLOOR BXT 8406 16C7 Property Owner: Raakel Braun Folio Number: 48480640000 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, the Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Apartment A-304, Unit 1, Gulf Winds East Condominium, as recorded in Official Records Book 508, Pages 165 through 224 of the Public Records of Collier County, Florida. The mailing address of this property is 1000 Manatee Road, Apt A-304, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by RAAKEL BRAUN, whose address is 1000 Manatee Road, A-304, Naples, Florida 34114-3935. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this 8~ d~ý~of'.Peþ'rUary, 2005. , ~ . ~ '~"( ATTEST:. . I '.;. DWIGHT E: B'ROCK, CLERf( ~.Q~~ ¡Qt '~.: " .~ep.u ,~Clerk j Approved ~~. 'tö' fotIn'ånd legal sufficiency: Thoma~r~ Attorney BOARD OF COUNTY COMMÌSIONÉ:R$ COLLIER COUNTY, F¡,ò1uD~S '._ THE GOVERNING Bob;y OF ~~.. LIER ._.. COUNTY AND AS EX:(JfFICIb'-A'HE:: GOVERNING BOARD OF' THE ~OLLIER . COUNTY W A TER-SEWER.IÎ)1:~p~1:CT . BY: ~IL'A' ~ FRE W. COYLE,"C . I n *** 3556485 OR: 3731 PG: 3984 *** This instrument prepared by: RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL 02/10/2005 at 09:40AK DWIGHT E. BROCK, CLERK Office of the County Attorney REC FEE 10.00 3301 East Tamiami Trail COPIBS 1. 00 Naples, Florida 34112 Retn: (239) 774-8400 CLERK TO THE BOARD 16C7 INTEROFFICE 4TH FLOOR Please returned copy to: Collier County Public Utilities BXT 8406 Operations Department Property Owner: William C. Nowlin Folio Number: 48483320000 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Apartment E-l 05, Unit 1, Gulf Winds East Condominium, as recorded in Official Records Book 508, Pages 165 through 224 of the Public Records of Collier County, Florida. The mailing address of this property is 1018 Manatee Road, Apt E-I05, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by WILLIAM C. NOWLIN, whose address is 1018 Manatee Road, E-I05, Naples, Florida 34114-3917. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this 8th Qa"YQfFebruary, 2005. ,. , ~' ~ '" .-" I,. .. ~ , \;"<'.~~';~ !,.\. , ...., , ATTEST: BOARD OF COUNTY CQ,MMISIð)NERS: . DWIGHT E. ß.ROCK, CLERK COLLIER COUNTy,:f'tÔRIDA,~~ . ~. , "'.1,,' ~ THE GOVERNING BQbY OF Cm-LIER ~~&.~{2L COUNTY AND AS E~OFFIÇIO THE GOVERNING BOARD 0~~ THÉ;. ÇOLLI~R . ,~. . begCteik \ , . ~ . COUNTY~EWERDïST 1CT" .. " Approved "is: to' :fòrm alid BY: W. legal sufficiency: \~~ FRED W. COYLE, CHAIR' AN Thomas C. Palmer, Assistant County Attorney *** 3556486 OR: 3731 PG: 3985 *** This instrument prepared by: RECORDBD in OPPICIAL RBCORDS of COLLIER COUNTY, PL Office of the County Attorney 02/10/2005 at 09:40AM DWIGHT B. BROCK, CLERK RBC PBB 10.00 3301 East Tamiami Trail COPIBS 1. 00 Naples, Florida 34112 Retn: (239) 774-8400 CLBRK TO THB BOARD IN'l'BROPPICB 4TH PLOOR 16C7 Please returned copy to: Collier County Public Utilities BXT 8406 Operations Department Property Owners: James G. Ference and Catherine Kaylor Folio Number: 51665001147 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board ofthe Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit 226, Imperial Wilderness Condominium, Section Three, according to the Declaration of Condominium recorded in Official Records Book 1368, Pages 1889 through 1927, of the Public Records of Collier County, Florida. The mailing address of this property is 226 Cattleya Refuge, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by JAMES G. FERENCE and CATHERINE KAYLOR, whose address is 45 Kidder Brook Road, Ashford, Connecticut 06278-1015. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1 ,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated th~ 8ÞttW;ò'fJi'\ebruary, 2005. ,.:,;(,"1 VOI¿, "" ;'\ j,) . ., . .. . . lk. f I, "..J" .. ip. · · .. . ' a ' . "'\. . 6' .. ". --- f r' ~' o· -.. /.. ATmst.-. " ,,'t~ 'f BOARD OF COUNTY CQj..iMIi:IiEKš., -'J '.".;.:'/.:_.:- '~II\ ". t,>, I . ... "-,:,~ I DWIGJf.TE:;' BRoÇK:·,&tÉRK COLLIER COUNTY, FLOluDAb·. S;'!~~ \~~ ~. , : ;,,', '<--'~ -: ~~~ ") ~ '" ...._,... . ..\ ' . '" THE GOVERNING BODY OF C[l LIER: ¿; ~ I.. \ .DC COUNTY AND AS EX::.è~FICIQJDHE .:-?~' ,:: . Y.·01etk GOVERNING BOARD ÓF, ~HIE COJ.:t1$ . ." '. '" .,~, " .. . . ". ' , f$-,' , ., '¡I,. ..' " ("_~¡¡O; COUNTY W A TER-SEWEJfb~'H~,J~T' APpr~~~á ~~:~%~)~nd legal~~ BY: ~W. ~ FRED W. COYLE, CHAI AN Thomas C. Palmer, Assistant County Attorney *** 3556487 OR: 3731 PG: 3986 *** . . RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL ThIS Instrument prepared by: 02/10/2005 at 09:40AH DWIGHT E. BROCK, CLERK Office of the County Attorney REC FBB 10.00 3301 East Tamiami Trail COPIBS 1.00 Naples, Florida 34112 Retn: (239) 774-8400 CLERK TO THE BOARD INTEROPFICE 4TH FLOOR 1 6 C 7 Please returned copy to: Collier County Public Utilities EXT 8406 Operations Department Property Owners: James Graczyk and Sherry Graczyk Folio Number: 68891240008 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Condo No. 31, Quail Roost Unit I, a condominium according to the Declaration of Condominium, in Official Record Book 960, Pages 1634 through 1723, Inclusive, of the Public Records of Collier County, Florida. The mailing address of this property is 31 Covey Lane, Naples, Florida 34113. According to the Public Records of Collier County, Florida, the described property apparently is owned by JAMES GRACZYK and SHERRY GRACZYK, whose address is 31 Covey Lane, Naples, Florida 34113. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$I,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. ... '" \ , ~ . , Dated t~J~~~I~~~~~ary, 2005·.~\v' v",. '. ..;~\...... ..... ..., ~ .;;;; 'f"~\t,,,...,.~"'J(.,):~. . ~ ., , .....,..., I ~ "CJ _. ...... / ATTpST: ." .' ~\ ". r,:. I,. BOARD OF COUNTY CO),fMISIONE~8. DWÍ(¡'. H. r.'..E.....IŠ·' RO.,.CK...~~'. ctÈ·..~~K COLLIER COUNTY. F r:.bR·..· IDÂ$" S.....::.;¡.'.:·;.......',: , :' :. . ~> . "::":'~J .:' THE GOVERNING EQW OF . lLL:f~1{j ~ Q .,' ,..; L COUNTY AND AS E.X--Ô!;FICI , 'HÈ;:" CO //<, Deþ~, 'Clêrk GOVERNING BOARD,df"flj? cqt:ttËR .- "/\,.,...,,, . COUNTY WATER-SEWÈltQJ~rRICT .... .~ f , . _, _, Approved as to form and . legal sufficiency: '-1. ^ .L ru BY 7'1-t4L W. ~ ~,~ FRED W. COYLE, CHAI AN- Thomas . Palmer, AssIstant County Attorney This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556488 OR: 3731 PG: 3987 *** RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/10/2005 at 09:40AM DWIGHT E. BROCK, CLERK REC FBB COPIBS 10,00 1. 00 Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR C 11' C P bI' U ·1" BXT 840& o Ier ounty u IC tI ¡tIes Operations Department Please returned copy to: Property Owner: Jennifer Kile Colvin Folio Number: 81620400009 16C7 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit No. 10, West Winds Mobile Home Estates, a Condominium as more fully shown in Official Record Book 630, Pages 1863 through 1932, Public Records of Collier County, Florida. Including a 1984 Claremont Mobile Home, Identification Number FLFL1AD397004793, Title Number 40488746 with all attachments and improvements thereon. The mailing address of this property is 191 Islamorada Lane, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by JENNIFER KILE COLVIN, whose address is 191 Islamorada Lane, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. '. ~ '. ,,' " '< Dated this~~;òf'~bruary, 2005. ~~ .,. 'w' ,.~.,., I" ,:,\~r;"" ." '" ~ . ""... t:..'--;¢ß I! ,~~ :,._ .....~ t:::~~."1: Ii, A TTJ!i"T .';"~ ' . '2 ,. " "." >, . i{,. DWIGH.T E. BROCK, tLERK ~Q.~O ilL -F.:..'" ~Þ,..->:Cierk I .~, ...., ~. "'''.. ~ " . . ~ ,¡.. Approved àS ·tô form and legal sufficiency: Thom~mf~unty Attorney .;., 1 r: 'r- !.. ~; {".., _, ';...',;.l.'....'O ...- (j/~.t '''. BOARD OF COUNTY COMM:1ŠiÖ1\r~"" COLLIER COUNTY, FLÇ)rUDA-AS \7~~;:; THE GOVERNING BOOS' OF c6LUER :t~ ';' COUNTY AND AS E~~Ç1FFICIcWI., H. E. ":.'~~':5 GOVERNING BOARD Of'l:HE ~6LLIßk ,~' COUNTY WATER-SEWÉR:::Þ!~~Riqt(: . If./. BY FR~Y~: c~ This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556489 OR: 3731 PG: 3988 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/10/2005 at 09:40AM DWIGHT E. BROCK, CLBRK RBC FBB COPIES 10.00 1. 00 Please returned copy to: Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR Collier County Public Utilities BIT 840& Operations Department 16Ci Property Owner: Patsy Bousfiha Folio Number: 81620560004 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit No. 14, WEST WINDS MOBILE HOME ESTATES, a Condominium, according to the Declaration of Condominium recorded in Official Record Book 630, Pages 1883 through 1932, inclusive, Public Records of Collier County, Florida. Together with a 1982 Brigadier 24' x 56' Mobile Home, Identification number 38-56- 40846 A and B including all attachments and improvements thereof. The mailing address of this property is 160 Pine Key Lane, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by PATSY BOUSFIHA, whose address is 160 Pine Key Lane, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated thi~ ~\~ffltr~óf.F:~,bruary, 2005. ,"'') .... " ~'... 4.~ 1 ATT~T': . ..... c¿. DW1GHT E:'BROCK:Ö!:'ÉRK ~.... ~·QI~\tkh _ ...... .n¡~l~k .1iliJ ;.,..:'., ...:..Y~., Appro~e(ras to fôr~ and legal sufficiency: ~ Ç'J~ Thomas C. Palmer, AssIstant County Attorney ~c ».<.. :ff,¿c; BOARD OF COUNTY COMMISION~. ' COLLIER COUNTY, FLÒRIDA~S -,' .. 4'\ THE GOVERNING BOD¥' OF C1ÇJ-LIER , COUNTY AND AS EX-0FFICI~HE ". : GOVERNING BOARD.OF'1:lI.E CO,L:L1ER ' COUNTY W A TER-SEWERDÌSï.roCT BY: ";jj;., _¿fA) ~ FR D W. COYLÈ, This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556490 OR: 3731 PG: 3989 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:40AM DWIGHT E. BROCK, CLBRK RBC FEB COPIBS 10.00 1.00 Please returned copy to: Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR Collier County Public Utilities BIT 840& Operations Department 16C7 Property Owners: Patricia L. Macciocca-Syphard and Lisa A. Delgarbino Folio Number: 48485480003 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Building G-303, Unit 1, Gulf Winds East, a Condominium, as recorded in Official Record Book 508, Page 165 of the public records of Collier County, Florida. The mailing address of this property is 1008 Manatee Road, Apt G-303, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by PATRICIA L. MACCIOCCA-SYPHARD and LISA A. DELGARBINO, whose address is 118 Chippewa Court, Girard, Ohio, 44420-3608. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1 ,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated t~i5 StJr,~~~ò'f,f,~bruary, 2005. ,'~ "', .) . ~ A . .. . .. .. I , ATtÈST:;:, *', i/, " DWIQHTE. BROCI(ti,\ERK 1 ~,~:.~~ ,.-' ' '- ~' -= '" ~ ~ . ...." <~, t.Q( BOARD OF COUNTY CQMMIS~NEIÚ;' COLLIER COUNTY, F[:ORIDA,~~S .. ¡,........ THE GOVERNING BODY,OF CQt.LIER COUNTY AND AS EX~OFFICIO THE,; GOVERNING BOARD OF1'Hßë,qp;LIER: COUNTY WATER-SEWER DIŠtIUCT BY: '1uJ- W. ~ FRED W. COYLE, CHAI AN Approved as to íòrm and legal sufficiency: pV\A ~ Thoma C. Palmer, AssIstant County Attorney This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556491 OR: 3731 PG: 3990 *** RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:40AM DWIGHT B. BROCK, CLBRK RBC PBB COPIBS 10.00 1. 00 Please returned copy to: Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR C 11' C P bl' U ·1" BXT 840& o ler ounty u IC 11 ltles Operations Department 16C7 Owner: Melinda Blume Folio Number: 81621120003 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot No. 28, West Winds Mobile Home Estates, a Condominium as more fully shown in Official Record Book 630, Pages 1883 through 1992, inclusive, of the Public Records of Collier County, Florida. The mailing address of this property is 171 Pine Key Lane, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by MELINDA BLUME, whose address is 171 Pine Key Lane, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $520.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this ~~~fflr¥~öf,~~bruary, 2005. ,,{.';:: "" I .~ > '. . ~' .~ ,. '., .... .. 'It. t -i<~~. ! , " , ATTEST:.- . ". ,,~,,' DWIGHT Ê~/BROCK·;..ß:ÌiiÉRK ., -~ ~O~ Oh' a.: . .' . '... Depùty. '. rk f' .," . .' ...," . ..>,~ ."'..... . . 0"'; '" . . ~-ði BOARD OF COUNTY COMMisIQNÉ·R~_:. ' COLLIER COUNTY, FLOItlDA, ~ ,.:.'~, THE GOVERNING BODY. OF CqtjLIER COUNTY AND AS EX-OFFICIO fjIE , GOVERNING BOARD OF THE CO~UÉR' COUNTY WATER-SEWER DIstRicT ~ BY: ~W. ~ FRED W. COYLE, CHA AÑ Thomas C. Palmer, A sistant County Attorney This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556492 OR: 3731 PG: 3991 *** RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, PL 02/10/2005 at 09:40AM DWIGHT B. BROCK, CLBRK RBC FBB COPIBS 10,00 1.00 Please returned copy to: Retn: CLBRK TO THE BOARD INTBROFFICE 4TH FLOOR C 11' C P bl' U ·1" Bn 840& o ler ounty u IC tI lt1es Operations Department 16C7 Owner: Robert H. Smyth Folio Number: 81623760005 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No, 2001-13, as amended; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board ofthe Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit 94, WEST WINDS MOBILE HOME ESTATES, a Condominium, according to the Declaration of Condominium thereof recorded in Official Record Book 630, Pages 1883 through 1932, inclusive, of the Public Records of Collier County, Florida, The mailing address of this property is 160 Ocean Reef Lane, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by Robert H. Smyth, whose address is 160 Ocean Reef Lane, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$I,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this 8th ~q)lpff.ebru'il!,Y, 2005, '. . :": ::.\? ,,"'"v~, \, ATTEST:" '., G " o ....." . , . @ I'~ f DWIÒHTß.,'~ROCK, Ç~;:E,RK ~.({~~ I IN Approv~(Íj~ ,:t~ ;fq~'\åÍ1d legal sufficiency: 'Î~ ß~ Thomas C. Palmer, Assistant County Attorney -"-~~,,,...,,.~o',,. . BOARD OF COUNTY COMMISIQNE~S:' , COLLIER COUNTY, FLoRIDA,:'h~ "': ' THE GOVERNING BODY OF CplLIER COUNTY AND AS EX-ÖFFICIOllVHE , GOVERNING BOARD OF THE COLLIER' COUNTY W A TER-SEWEF. DIBTRICT BY: '1uLW. ~ FRED W, COYLE, CHA AN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556493 OR: 3731 PG: 3992 *** RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:40AM DWIGHT B, BROCK, CLBRK RBC FBB COPIBS 10.00 1. 00 Please returned copy to: Collier County Public Utilities Operations Department Retn: CLBRK TO THB BOARD INTBROFFICB 4TH PLOOR EXT 8406 16C7 Property Owner: Joseph Garcia Folio Number: 81620600003 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: That certain condominium parcel composed of Unit No. 15, West Winds Mobile Home Estates, a condominium in accordance with and subject to the covenants, restrictions, terms, and other provisions of the Declaration thereof recorded in Official Record Book 630, pages 1883 through 1932, inclusive, of the Public Records of Collier County. Together with use of a 1977 Homette 24' x 56' Mobile Home Serial #0365287 AK & #0365287BK. The mailing address of this property is 150 Pine Key Lane, Naples, Florida 34114, According to the Public Records of Collier County, Florida, the described property apparently is owned by JOSEPH GARCIA, whose address is 150 Pine Key Lane, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$I,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated thi~,8thdi1y:~fF'eþruary, 2005. , ." ~ Ii..l' ,..\ ' '.'. . ~ - "",,>¡!"~""'~.~~"'U>r -'", BOARD OF COUNTY CO," ¥"MISIqNERS ' : COLLIER COUNTY, FLORIDA,'1§ ~ THE GOVERNING BODY OF C<ùf.;LIER - COUNTY AND AS EX~OFFICIOifBE ' GOVERNING BOARD QF TBE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: ."- '. \,,". " DWIGHiÈ. BROCI:S, €L?RK ~Q.q~ailll~ ',. Dé.Þ~þerk Approved' as ill 'fdhri'and legal sufficiency: ~~~~ Thomas C. Palmer, ~ssistant County Attorney BY: '1u.L w ~ FRED W. COYLE, CH A This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3556494 OR: 3731 PG: 3993 *** RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/10/2005 at 09:40AM DWIGHT E. BROCK, CLBRK REC FBB COPIBS 10.00 1.00 Please returned copy to: Collier County Public Utilities Operations Department Retn: CLBRK TO THE BOARD INTEROFFICB 4TH FLOOR BXT 840& 16C7 Property Owner: Robert E. Lydy under the Robert E. Lydy Revocable Trust Agreement dated October 27, 1990 Folio Number: 81630800000 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit No. 270, WEST WINDS MOBILE HOME ESTATES, a condominium as more fully shown in Official Record Book 630, Pages 1883 through 1932, Public Records of Collier County, Florida. The mailing address of this property is 200 Indian Key Lane, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by ROBERT E. L YDY UNDER THE ROBERT E. L YDY REVOCABLE TRUST AGREEMENT DATED OCTOBER 27, 1990, whose address is 200 Indian Key Lane, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this 8.th~.~y,8fFebruary, 2005. A TTEST:í;;; \ DWIGHTÉ:i~ROêK, G.ÌJiRK i " . :. '. ".. ',_ .. .." ,. ~'...·f. ~4.o¡'Q.a,,1.~k,nn ¡QC ;";... D"P~' Approve¿tá'SI to1bmì:~~d legal sufficiency: l 1VrV'- ?Ov ~ Thomas . Palmer, AssIstant County Attorney " . ¡...., . . -' 1:'1."..... . c ,'" "\.~,/'> . BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLQRIDA,-IjS ' THE GOVERNING BODY OF cR'LLIER " COUNTY AND AS EX-GFFICIQ7JIE GOVERNING BOARD OFTHE COLLIER COUNTY W A TER-SEWERDtSTRICT " BY: '1uJ.. w. ~ FRED W. COYLE, CHA A 16 C8' MEMORANDUM Date: March 9,2005 To: Mike Hauer, Acquisition Manager Purchasing Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract #05-3736R "South County Water Reclamation Facility Wetlands Restoration" Contractor: Quality Enterprises USA, Inc. Enclosed please find three (3) original documents as referenced above, Agenda Item #16C8, approved by the Board of County Commissioners on Tuesday, February 8, 2005. An original document will be kept in the Minutes & Records Department, and one will be sent to the Finance Department. If you should have any questions, please 774-8411. Thank you. Enclosures(3 ) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII! TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .-, L C 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TuImU Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !!fkr the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed, If the document is already complete with the 1 ~ excention of the Chairman's si2l1ature, chaw a line throu2h routin2 lines #1 throulZh #4, cOJIl1)lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin2 order) 1. 2. 3. 4. Scott Teach County Attorney SRT 03/04/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Michael F. Hauer, Purchasing Phone Number 774-8965 Contact Acquisition Manager Agenda Date Item was February 8, 2005 Agenda Item Number 16.C.8 Approved by the BCC Type of Document #05-3736R Number of Original Five (5) Attached Documents Attached Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes NI A (Not aoorooriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other oarties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the SRT document or the final negotiated contract date whichever is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A SRT should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Februarv 8. 2005 and all changes made SRT during the meeting have been incorporated in the attached document. The County Attornev's Office has reviewed the chaDl!es. if aDDllcable. INSTRUCTIONS & CHECKLIST I: FonnsI County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Origina19,03,Q4. Revised 1.26.05, Revised 2,24,05 SOUTH COUNTY WATER RECLAMATION FACIUTYWETLANDS RESTORATION 1 6 r. 8 Collier County Wastewater Department .. 111 COLLIER COUNTY BID NO. 05-3736R COLLIER COUNTY WATER-SEWER DISl"RICT Design Professional: Hole Montes 950 Encore Way Naples, Florida 34110 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration TABLE OF CONTENTS 16 8~" C A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE ONE ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER PROPOSAL DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirements EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by Hole Montes, and identified as follows South County Water Reclamation Facility Wetlands Restoration, as shown on Plan Sheets 1 through 6, Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration PUBLIC NOTICE 16 C8 ~, INVITATION TO BID COLLIER COUNTY WATER - SEWER DISTRICT COLLIER COUNTY, FLORIDA South County Water Reclamation Facility Wetlands Restoration COUNTY BID NO. OS-3736R _. Separate sealed proposals for the construction of South County Water. Reclamation Facility Wetlands Restoration, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing _, Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 4th day of January, 2005, at which time all proposals will be publicly opened 'and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the South County Water Reclamation Facility, S600 Warren Street, Naples, Florida at 10:30 A.M. LOCAL TIME on the 20th day of December, 2004, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project, In instances where the County has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the rejection of his bid. Those firms that attended the mandatory pre-bid on the previous solicitation. Bid No. 05-3736. on October 28. 2004. at 10:30 am, are encouraaed to attend the mandatory pre-bid for this solicitation. but are not reauired to attend this mandatory pre-bid in order to submit a proposal. Those firms that' attended the October 28. 2004 mandatory pre-bid are Aauaaenix. Florida Irriaation Supplv. Nautilus Environmental Services. Earth Balance. Quality Enterprises USA. Inc. and Doualas N. Hiaains. Inc. Sealed envelopes containing bids shall be marked or endorsed "Proposal for County Water-Sewer District, Collier County, Florida, South County Water Reclamation Facility Wetlands Restoration, for the Collier County Wastewater Department, County Bid No.OS-3736R, and Bid Date of January 4, 200S". No bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents, The Bid Schedule (WS-P-1 through WS-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. _ Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $3S.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is non-refundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 1 Q4A Ft. Myers. FL 33916 WS-PN-1 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration - -_.__._---"._."-,~_.."----"-.,,---'_.,,._.. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an anilJr6cf1ef) than five percent (5%) of the total Bid to be retained as liquidated damages in tlii ~~ (j) successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. '!III " The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this 9th day of December, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, NAPLES, FLORIDA BY: Stephen Y. Carnell Purchasing Director WS-PN-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration PART B -INSTRUCTIONS TO BIDDERS 1 6 8...... ~ Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, Ex-Officio the, Governing Board of the Collier County Water-Sewer District or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner, Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.5 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages WS- P-1 through WS-P-13 as bound in these Bidding Documents), The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly, Bid Schedules submitted on disk/CD shall be __ accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name, Bid Opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. WS-IB-1 Bid No. 05,.3736R - South County Water Reclamation Facility Wetlands Restoration Section 3. Bid Deposit Reauirements 1 6 Q- ~. 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the sam~hYI be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the Bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"), The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening, No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time, but no later than one hundred twenty (120) days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Proposals 4.1 Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature, 5.3 If Bidder is an individual, his signature shall be inscribed. WS-IB-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5,5 All Bids shall have names typed or printed below all signatures. 16C8'''~ - 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening, The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8,1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally, Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8,2 It shall be the responsibility of each Bidder to ascertain, prior to submitting his Bid, that he has received all addenda issued and he shall acknowledge same in his Bid. 8,3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is - mandatory. In instances were the County has deemed the pre-bid to be mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Section 9. Examination of Site and Contract Documents 9,1 By executing and submitting his Bid, each Bidder certifies that he has: a. Examined all Bidding Documents thoroughly; WS-I B-3 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration l~('Q ~~ b. Visited the site to become familiar with local conditions that may in any m~d,:J a'rrtct performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of his observations with the requirements of bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result - of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports, Before submitting his Bid, each Bidder shall, at his own expense, make such additional surveys and investigations as may be necessary to determine his Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents, Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected, Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid, Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. WS-IB-4 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration _.___,___~..,_..,.._,_,__....,_._.____"e.·.__~··'~"_ -,-, Award of contract shall be made to the lowest, responsive and qualified Bidder determir1ld A...n ~8 basis of the entire Bid and the Owner's investigations of the Bidder. In determining uL 9Jtjt¡ responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted, Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract award, Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County, By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes, By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F,S" otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. WS-I B-5 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. 1 6 C 8 ,.. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified," 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. WS-IB-6 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ~ COLLIER COUNTY GOVERNMElá 16 C 8 PURCHA.SING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 "" '" http://colliergov .net ADDENDUM DATE: December 30,2004 TO: Interested Bidders FROM: Kelsey Ward, Contract Administration Manager SUBJECT: Addendum # 1 - Bid #05-3736R "South County Water Reclamation Facility Wetlands Restoration" Addendum #1 covers the following change for the above-referenced Bid: Additional Information: Attached are selected pages from a geotechnical report on soil borings that were performed adjacent to the project area for the Bidder's reference. If you require additional information please call Alicia Abbott, Public Utilities Engineering Department at 239/530-5344, bye-mail at AliciaAbbott@colliergov.net or me at 239fi32-2667 or bye-mail atLynWood@colliergov.net. cc: Alicia Abbott, PUED Addendum #1 ~ ~ ~ ~ ~ ~, RECEIVED MAY 1 8 2001 HOLE MONTES, INC, LAwGmB ~ G-~C>L.JP~ , I Report of Geotechnical Exploration and Foundation Recommendations I PROPOSED SOUTH COLLIER WATER RECLAMATION FACILITY EXPANSION Naples, Collier County, Florida I I - Prepared For- I HOLE MONTES Naples, Florida I - Prepared By- I LAW ENGINEERING A.l\ID ENVIRONMENTAL SERVICES, INC. Naples, Florida LAW Project 40320~1-1101-01 and 02 May 17,2001 16CB '... ,~ Addendum #1 16 C~t-'1 .' ..I " I 'v?/ /(\ ( ~). -.. -... ,.........-.....-...-. 8 'lib rvvy--v--/ v-y-.:¡-v- ~ h~~.'i\;:'.t{.~ ~~~-^--, Prepared/Date: AFC 04/26/01 Checked Date: DFM 04 26 01 :R lITY LAW -'\f ~1 ~t ....AJ.~ ~ L.t4\V\'lGIBB Gr!!,)~~p M!!F,~~bí~~'" BORING LOCATION PLAN '(, Pro ject 4032(}-1-1101-02-800 2 III ,- - i I I 'n n.A .- NO. OF BLOWS, N 0-4 5-10 SANDS: 11-20 21-30 31-50 OVER 50 SILTS & CLA YS: 0-2 3-4 5-8 9-15 16-30 31-50 OVER 50 0-19 UMESTONE 20-49 50-100 50 FOR 2"-5" 50 FOR 0"·2" I . ~ I ~ I 1=j:Ë::: ......,. ..... ~~fi~;H 1m "]I .1H[ ,Em "'"[I ~ '-m Undisturbed Sample Split-Spoon Sample T~~ Rate of Drilling :.... Addendum #1 CORRELATION OF PENETRATION RESISTANCE WITH RELATIVE DENSITY AND CONSISTENCY ... :~ RELATIVE DENSITY Very Loose Loose Finn Very Finn Dense Very Dense PARTICAL SIZE IDENTIFICATION BOULDERS; Greater than 300 mm COBBLES: 75 mm to 300 rom GRA VEL: Coarse - 19,0 nun to 75 mm Fine - 4.75 mm to 19.0 rom SANDS: Coarse - 2.00 mm to 4.75 mm Medium - 0.425 nun to 2.00 mm Fine - 0.075 rom to 0.425 rom SILTS & CLAYS: Less than 0.075 mm CONSISTENCY Vcr¡ Soft Soft Firm Stiff Very Stiff Hard Very Hard HARDNESS Very Soft Soft Medium Hard Moderately Hard Hard Approx. FÌrlcs Content 5% to 12% 12% [030% 30% to 50% MODIFIERS Slightly silty or 51 ightly clayey Silty or clayey Very siJty or very clayey . DEFINITIONS AND KEY TO DRILLING SY1\ŒOLS ~' Water Table 24 HR. ~ Water Table at Time of Drilling ~ Loss of Dñl1ing Fluid MC: OC: LL: PL: P-200: WOH: Natural Moisture Content Organic Content Liquid Limit Plastic Limit Fines Passing No. 200 Sieve Weight of Drilling Ha.x:cmer KEY TO SOIL CLASSIFICATIONS FINE SAND ]I[ SILT SUGHTL Y SILTY FINE SAND JIg SAND WITH LIMESTONE FRAGMENTS .:. .. . , If SILTY FINE SAND . .... SILTY SAND WITH GRAVEL .,....,... VERY SILTY FINE SAND '.~'::: FINE SAND WITH SHELL :~~:''::'' IT WEATHERED LIMESTONE SLIGHTLY CLAYEY FINE SAND ii:. CLA YEY FINE SAND ~ SOFT TO VERY SOFT LIMESTONE ¡-- VERY CLA YEY FINE SAND ::I MEDIUM TO MODERA TEL Y HARD ..J..- LIMESTONE SANDY CLAY HARD LIMESTONE - SILTY CLAY :~~; FINE SAND WITH ROOTS CLAY II PEAT I - ~ - - - i i i I I - I I Addendum #:1 ... , - ....... D SOIL CLASSIFICATION L E SAMPLES PL1%) Nltj~ fjti> ""/III! E p AND REMARKS E L T N-COllN TN-VALUE ... G E .. FINES (;.') V T E V Y H SEE KEY SYMBOL SHEET FOR EXPLANA nON OF N P . . .SPT (bpf) ~ Ie \C SYMBOLS AND ABBREVIATIONS BELOW. D (ft) E .. ." 'E ,... (8) .. c - "" ..., 10 20 30 40 50 60 70 80 90 100 LOOSE brawn fine SAND (SP) :': I .. N 2-3-3 6 --- f--. A :1 r- - NO RETURN, DRllLERS REPORT HARD DR11.l.lNG ~~ T - r- ~ u . .' - ~ (PROBABLE HARD LIMESTONE LAYER) ~. t 5-50/2" 50/2" I Time Rate of Drilling: R ~. - - I \2.2' - 4': 25 minutes ! A .,~ - - ¡..- L -- ~ l- S - ' " 2-7-8 15 5 fIRM to rown line ; rr ., G " R 0 .. ) , ' 4-4-5 9 .. U . .0' N ~ D " :i ': ..' ; 2-2-4 6 . 10- S .t ~: J- ,. U 10 R F "'.',',, A :. '.'..".,:' C NO RETURN, DRUl.ERS REPORT LOOSE DR!U.ING E (pROBABLE LOOSE SAND LA YER)(SM) ;, E 13'0 , , j " L 1-1-1 2 - 15 - : .. E IS V VERY LOOSE tan silty fine SAND with shellllnd gravel _:... A (WEATHERED UMESTONE) ¡.:... ,:..:.. T -- [ 1-':":" 0 ~- N ] ¡.:....:..:.. 2-2-2 4 :.-- :... N - 20 - ¿,.-.:...:... 0 20 ~:... T ¡.:...:..:.. ~- A ¡.:..':":" V ~:... A ¡.:.. ,.:..:.. I ~ '. ~- ,~ ,:.. ,.:..:.. L !11 6-2·1 3 1-25-' ~- A IS ,:.., .:..:.. B \ ~- L - ,:..:.. E FIRM to LOOSE Ian slightly cemented silty SAND with shell A ~ and gravel (VERY SOFT LIMESTONE) T m T 1'-'· .. I tl 7-8-9 17 I- 30 - M 30 E IJ 0 F D ~ R =t:(:ì 8-6-3 9 I J- 35 I ¿} ]5 Boring Taminatcd L L I N G -4 ~ on ~ on I- Q CI ~ ~ ~ co ~ o en 0 o 10 20 30 40 SO 60 70 80 90 100 DR.ILLER: Y.A. EQUIPMENT; CME-55 (Automaùc Hammer) MEmOD: Stmdard Penetrntion Test ASTM D-1586 HOLE D£A.; 3 inches REMARKS; ROTARY DRILLING: GROUND WATER LEVEL: 3.6 feet PROJECT NAME: South Collier Water Reclamation Facility Exp. PROJECT LOC.: NAPLES, FLORIDA PROJECT No.: 40320-1-1101-01-800 DRILLED: 04/25/2001 BORING No.: B-16 PAGE 1 OF 1 TIllS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDmONS AT THE EXPLORATION LOCATION. SUBSURFACECONDnJONSATOTHER LOCATIONS AND AT OTHER TIMES MAY DIFFER, INTERFACES BEWEEN STRATA ARE APPROXIMATE. i"Ð .ð.~TC'TTrn~1C'1 n'M~''''''-'''' ,..-- ..... ~ .. ~. -- -- - LAW i I "'AJ~II~" ,....--.--. .. I ~' II ~ ~ ~ ~ I I I I I I Add d #1 en urn 16rR '..~ D SOIL CLASSIFICA nON L E SAMPLES PL~·I.) NM (%) -LL~%) E P ~ND REMARKS E L T N.cOUN T N·VALUE 0 T G E .. FINES (%) H E V Y SEE KEY SYMBOL SHEET FOR EXPl..ANATION OF N P & . . SPT (bpI) "" .... "" (ft) SYMBOLS AND ABBREVIATIONS BELOW. D (ft) E 'öi "2 'E - N ""' 10 20 30 40 SO 60 70 80 90 ]00 - 0 LOOSE 10 FlRM brown finc SAND (SP) :,:,':',,:':,::., ~ N ~~'. 2·24 G , ~ ',j:,:' A ~; T I u ~..~. . 2-2-3 5 .. R I~~ , , A , , L I r- 5 - " 2-34 7 5 " " ~ ' , G R ~ '5l- ': .. 0 4-5-6 II ¡. U ..It., N ~, .. D j~ 34-5 9 4 ., S &. - 10 - .. U 10 R ':>:.';. F A FIRM gray LIMESTONE fragmc:nts (VERY SOFf C LIMESfON£) E I.,..... E t.:..~,· . ".:.. L .,... 5-7-8 15 ..... IS - , E ~ 15 V A FIRM tan silty SAND with gravcl (WEA1HERED T :.-- I LJMESTONE) ~,.:.:.. 0 :.- :... N p ¡.:...,.:.:.. ,~1i 5-8-6 14 :.-:... N .~ - 20 - ¡.:.. ,:.:.... 0 20 :.-- T II .:......:.. ~:... A .:.. ,.:.:.. V LOOSE GRAVEL fulgments (WEATIIERED LIMESTONE) -, A :.-:... I ~ '. .:.. ..:..:.. L '¡ì:; 11-4-3 I r- 25 ...;. :...- - A ~ 7 .:.. ,.:.:.. B 25 :...- :... L .:.. " ,- E ~:... .:..;....:.. A LOOSE to FIRM slighdy cemented silly SAND wilh gravet T rt:; (VERY SOFT LIMESTONE) T g I 24-5 9 ~ !- 30 - M 30 E 0 F D ~ R 7-5-6 II IÞ f- 35 r ~ 35 Boring Tenninated L L I N G '- ~ c:: .., 1:; ~ ~ ~ ä: ~ õ = ... ,.:¡ Õ II: 40 o 10 20 30 40 50 60 70 80 90 100 DRll.LER: Y.A. EQUIPMENT: CME-5S (Automatic Hammer) METHOD: Standard Penetration Test ASTh! D-IS86 HqLE DIA.: 3 inches RE..'AARKS: ROTARY DRILUNG: GROUND WATER LEVEL: 7.5 feet PROJECT NAME: South Collier Water Reclamation Facility Exp. PROJECT LOC.: NAPLES, FLORIDA PROJECT No.: 40320-1-1101-01-800 DRILLED: 04/25/2001 BORING No.: B-17 PAGE 1 OF 1 TIlIS RECORD 15 A REASONABLE INTERPRETATION OF SUBSURFACE CONDmONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDmONS AT 011iER LOCATIONS AND AT OTIIER TIMES MAY DIFFER. IN1'ERFACES BEWEEN STRATA ARE APPROXIMATE, TD .ð. )..rlC!rt"T("\'þ.TC! 'O'C.,....1TC~r "'....... . ......... ...."....... --- - . - -. LAW I A'"'~''''''''' ,......--. '.C'''__·_·_'~~_·' .,"., ~"-------'--'~"'~-'" . .,.,......._~'''''~,~_.',-----~-,-~._~.;~.__. 11 . II II (I It " - j ~ ~ Ij ~ ~ ~ ~ ~ ~ ~ Addendum #1 III , -. ...- D SOIL CLASSIFICATION L E SAMPLES PL J.%) f.ijfrt ,~) " E E L .... p AND REMARKS G E T N..cOUNT N-VALUE . F~;') V T E V Y Ii SEE KEY SYMBOL SHEET FOR EXPLANATION OF N P . . . .. . SPT (bpI) '" "" '" SYMBOLS AND ABBREVIA nONS BELOW. D eft) E ';;; """ "'2 I-- (R) c - N .... JO 20 30 40 SO 60 70 80 90 100 VERY LOOSE to LOOSE brown rlJl~ SAND (SP) "':?:: ,~¡ ,,;1: 2-2-3 5 It : ::'. N .~:\; : " A ~ " T u 1Ji, 2-]-3 4 ~ R ;;~ \ A I L I-- 5 - 2-3-7 10 5 G ¡g¡i;' 'JÌ', LOOSE gray silty SAND. some shell and gravel (8M) ¥ l R >fRi 0 i~' 2-2-4 6 . ' u '1~: N ~ Ì'.. DENSE gray silty fine SAND with shell and gravel (SOFT to ~ D ::.:'~' " MEDIUM HARD UMESTONE) ~'1;: 7-25-10 35 , , s ~ - 10 - U 10 , , R ~ ! Time Ratc of Drilling: ' , . , F A I II' . 12': 10 minutes ' , C 1\ 12' - 13': 10 minutes E I 13' - 13.5': 2 minutes ' , , , "" E jt}~ 27-44-16 , , ' , L 60 - 15 - E .:i..::.: IS , , , , V V A , , T V LOOSE tan silty SAND, some shell and gravel (SM) .. I / 0 " N 1= / " '. i~~ , , N ,.±£. 7-5-3 8 - 20 - " 0 20 " . . T , . " " ^ VERY LOOSE gray silty SAND with shell and gravel ~- V (WEATHERED LIMESTONE) ~...:... A ~:... I ~ >- ,~ L ;~~' '. ~- A ",," 6-2-2 4 - 2S - ~ ..:..:.. B ¡.:.:.::; 2S ~-' L ..:...:-, E ~:... ,;",.. ..:...:., A ~:... T .;.. ,:...... J :...- :... T ¡;.. ,:..:.. &-1-2 3 - 30 - ~:... r 30 .;... ,...:... M \ :...- :... F. .;...,~ FlR.\II tan slightly cemented silty SAND withe shell and gravel ~ 0 ~ (VERY'SOFT LIMESTONE) , ' F D ~ R ~~~~ì 8-]0-9 19 35 r E 35 Boring Tcnninatcd L L ] N G - 40 ~ ... c:: ... !5 o ~ ~ ~ - ... ~ Q ... ¿ o '" o 10 20 30 40 50 60 70 80 90 100 DRILLER: Y.A. EQUIPMENT: CME.SS (Automatic Hammer) METHOD: Standard Penetration Test ASTM D-1586 HOLE DIA.: 3 inches REMARKS: ROTARY DRlLLlNG: . '~õii:,';;¿ .~?~~i~¡; GROUND WATER LEVEL: 6.4 feet PROJECT NAME: South Collier Water Reclamation Facility Exp. PROJECT LOC.: NAPLES, FLORIDA PROJECT No.: 40320-1-1101-01-800 DRILLED: 04/27/2001 BORING No.: B-18 PAGE 1 OF 1 TIllS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDITIONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDITIONS AT OTHER LOCATIONS AND ATOTIŒR TIMES MAY DIFFER. INTERFACES BEWEEN STRATA ARE APPROXIMATE, LAW I AW~U:U::l ~._..'" Ra__&..__ L - ......-.--.....----.--..--- .-. ~ COLLIER CÒUNTY GOVERNMENT 16 C 8 PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHA.SING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 http://colliergov.net ADDENDUM DATE: December 30,2004 TO: Interested Bidders FROM: Kelsey Ward, Contract Administration Manager SUBJECT: Addendum # 1 - Bid #05-3736R "South County Water Reclamation Facility Wetlands Restoration" Addendum #1 covers the following change for the above-referenced Bid: Additional Information : Attached are selected pages from a geotechnical report on soil borings that were performed adjacent to the project area for the Bidder's reference. If you require additional information please call Alicia Abbott, Public Utilities Engineering Department at 239/530-5344, bye-mail at AliciaAbbott@colliergov.net or me at 239/732-2667 or bye-mail atLynWood@colliergov.net. cc: Alicia Abbott, PUED Addendum #1 J ~ ~ ~ ~ ~, ~ RECEIVED MAY 1 8 2001 HOLE MONTES, ¡NC, LAwGmB ~ G~C>LJP~ , Report of Geotechnical Exploration and FoundatioD Recommendations . PROPOSED SOUTH COLLIER WATER RECLAMATION FACILITY EXPANSION Naples, Collier County, Florida I I -Prepared £or- I HOLE MONTES Naples, Florida I - Prepared By -- I LAW ENGINEERING Al\ID ENVIRONMENTAL SERVICES, INC. Naples, Florida LAW Project 40320~1-1101-01 and 02 May 17,2001 .. ,._,__~,.~,,~_~_.,,~.~_""..________._,.,.~.,~~___.u"_~ ,"__ _ ... .._-^_.'___~_,. .,'. 16CB '. , Addendum #1 16 an..... .' ..., // ."- 'y?~ /t ( ,).. -.. -.. ".,... ..........----. 8 -, lib ryy~~ v-y-:¡-v-y.:: ti ~-.I i\;:'.¡ {,~ Prepcred/Date: AFC 04/26/01 Checked Date: DFM 04 26 01 (, LAW "1.!1\~^iG8BB G;~UP M;;~~;~;,~ BORING LOCATION PLAN :R LlTY Pro ject 40320-1-1101-02-800 2 ~ II ~ ~ i I "I'" n..A ...- NO. OF BLOWS, N 0-4 5-10 SANDS: 11-20 21-30 31-50 OVER SO SILTS & CLA YS: 0-2 3-4 5-8 9-15 16-30 31-50 OVER 50 0-19 UMESTONE 20-49 50-100 50 FOR 2"·5- SO FOR 0"·2" - . a J ~ 11m lill ~" IT 1ll[ liE [I ~ ~ Undisturbed Sample Split-Spoon Sample T~~ Rate of Drilling ;... Addendum #1 CORRELATION OF PENETRATION RESISTANCE WITH RELATIVE DENSITY AND CONSISTENCY RELATIVE DENSITY Very Loose Loose Finn Very Firm Dense Very Dense PARTICAL SIZE IDENTIFICATION BOULDERS; Greater than 300 mm COBBLES: 75 mm to 300 nun GRA VEL: Coarse - 19.0 nun to 75 mm Fine - 4.75 mm to 19.0 rom SANDS: Coarse - 2.00 nun to 4,75 nun Medium - 0.425 nun to 2.00 mm Fine - 0.075 nun to 0.425 mm SILTS & CLAYS: Less than 0.075 nun CONSISTENCY Very Soft Soft Finn Stiff Very Stiff Hard Very Hard HARDNESS Very Soft Soft Medium Hard Moderately Hard Hard Approx. Fines Content 5% to 12% 12% [030% 30% to 50% MODIFIERS Slightly silty or slightly clayey Silty or clayey Very silty or very clayey , DEFJNITIONS AND KEY TO DRILLING SYMBOLS ~' Water Table 24 HR. ~ Water Table at Time of Drilling ~ Loss of Dñl1ing Fluid MC: OC: LL: PL: P-200: WOH: Natural Moisture Content Organic Content Liquid Limit Plastic Limit Fines Passing No. 200 Sieve Weight of Drilling HaDJIIJcr KEY TO SOn. CLASSIFICATIONS FINE SAND ][I[ SILT SLIGHTLY SILTY FINE SAND JIg SAND WITH LIMESTONE FRAGMENTS ::: .... . , E SILTY FINE SAND . .... SILTY SAND WITH GRAVEL . ".' ·1··~ VERY SILTY FINE SAND '.~' FINE SAND WITH SHELL :~.:.¡. ~ WEATHERED LIMESTONE SLIGHTLY CLAYEY FINE SAND JJ::. CLA YEY FINE SAND ~ SOFT TO VERY SOFT LIMESTONE VERY CLAYEY FINE SAND ~ MEDIUM TO MODERA TEL Y HARD ..I.- LIMESTONE SANDY CLAY HARD LIMESTONE - SILTY CLAY :;.::;.;~ FINE SAND WITH ROOTS .~~~ CLAY II PEAT I II II ~ ~ I I I - - I I I I Addendum #1 D SOIL CLASSIFICATION L E SAMPLES PLJ%) N (%£ ......- ....'... E p AND REMARKS E L T N..{;OUN TN-VALUE .. ~ ~S~ V 0 G E , T E V Y H SEE KEY SYMBOL SHEET FOR EXPLANA nON OF N P . . . . SPT (bpI) 'Þ 'Þ \C SYMBOLS AND ABBREVIA TlONS BELOW, D (ft) E .. "" '2 (fI) ... 0:: - N ..... 10 20 30 40 50 60 70 80 90 100 I- 0 LOOSE brown fine SAND (SP) ,. ~ .. ! 2-3-3 6 "I-- N - A :1 - r- - NO RETURN, DRILLERS REPORT HARD DRlLLlNG ~ T - - (PROBABLE HARD LIMESTONE LAYER) U 5-5012" 5012" I-- Þ 'Sl- " ~ Time ltatc of Drilling: R ~: ' i-- A - - 2.2' - 4': 25 minules I L ,~ - ...- - I- 5 - ' , 2-7-8 15 - S FIRM to LOOSE brown line SAND (SP) " " G T R , , 0 ' , 4-4-5 9 " U ~ ..,.... N D ~ .. 11 2-2-4 6 S .ri"_ - 10 - U 10 " R F ,,:,'" A C NO RETURN, DRu.LERS REPORT LOOSE DR1LLING : E (pROBABLE LOOSE SAND LA YER}(SM) : ':.% , ' E j , , L 1-1-1 2 I- 15 - E IS V VERY LOOSE Ian silty fine SAND with shell and gravel _:.. ^ (WEATI-lERED LIMESTONE) ~ ,:...:.. T -- ( -;..;.. 0 ~- N 1 .:.. ..:..:. 2-2-2 4 ~ ~;... N I- 20 - _:..:.. 0 1'= 20 :-:.. T ¡.:-:..:.. ~- A ¡.:..-:.. V ~;... A ¡.;.. ,:..;.. I ~ '. :-- L ~ ,:..;.. A ill 6-2-1 3 - 2S -' :-- B 25 ~.:..:. \ ~- L ,.... ,:...:.. E FIRM to LOOSE Ian slightly eemented silty SAND with shell . A \ and gravel (VERY SOFf LIMESTONE) T . IT< T I"" .. I tI 7-8-9 17 - 30 - M 30 E I 0 F D ~, R ~Jã 8-(j-3 9 t I- 3S I ,..... 35 Boring Taminated L L I N G '-4 ~ on ~ on I- &:I CI ~ ~ ~ s ~ ;:: o '" 0 o 10 20 30 40 50 60 70 80 90 100 DRJLLER: Y.A EQUIPMENT: CME-S5 (AutomalÌc Hammer) METHOD: Stmdard Penetration TestASTM D·1Sg6 HOLE DIA.: 3 inches REMARKS: ROTARY DRILLING: GROUND WATER LEVEL: 3.6 feet PROJECT NAME: South Collier Water Reclamation Facility Exp. PROJECT LOC.: NAPLES, FLORIDA PROJECT No,: 40320-1-1101-01-800 DRILLED: 04/25/2001 BORING No.: B-16 PAGE 1 OF 1 T.HIS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDmONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDmONS AT OTHER LOCATIONS AND AT OTHER TIMES MAY DIFFER. INTERFACES BBWEEN STRATA ARE APPROXIMATE. TR A l\T~lTTn1l.1" nn""",,' .,.....,...,. "- . - ~ .. '* . -- -- - LAW i I A\lU~'ð'" ......_-~--- .. I .- -I III ., ~ ~ ~ . I I I . I Addendum #1 ¡¡: t:! ;; .. , ~ ...~ D SOIL CLASSIFrCA nON L E SAMPLES PL..!%) N?oJJ%t"\ '¥ð E P :AND REMARKS E L T N.cOUN T N·VALUE G E ... FINES (;.) V T E V y H SEE KEY SYMBOL SHEET FOR EXPLANATION OF N P . ïc ïc . SPT (bpi) "" SYMBOLS AND ABBREVIATIONS BELOW. D (ft) E õi .., "E (ft) c - N '"' 10 20 30 40 50 60 70 80 90 100 - a LOOSE to FIRM brown fine SAND (SP) >'::>:,,' }.~ " N !~ 2·2-4 G , t£ ,::,:' A ~ T I u , , 2-2-3 5 ·t R 1~~' , , A L I - 5 - " 2-3-4 7 5 " G ' , R I '5l- " ."" 0 4-5-6 II ~ , . u I N , ' D . , '. " 34-5 9 . S !:I' - 10 - ,:':, U æ· 10 , , " R , :~, :-:-;, F A FIRM gray LIMESTONE fragmc:nts (VERY SOFT C LIMESTONE) E ,- E ':.~.' L ':.i.:'- 5-7-8 15 - IS - E c;;;:. 15 V A FIRM ran silty SAND with gravel (WEATHERED T :.-- I LIMESTONE) ¡.:... ,.:..:.. 0 ~.:... 1'1 "1-=: f- ,- ~)~ 5-8-6 14 II :.-:... 1'1 £ 20 - ¡.:... ,..:- 0 20 ,:'-,- J !/ -,- ,~,:... A -:- '-:' V LOOSE GRAVEL fulgments (WEAnŒRED LJMESTONE) -, A ~,:... I h- '. -.- L ~¡f.~ 11-4-3 7 I ~ 25 .,;' ~,:... A ~ - ,- B 25 :...-:... L .:...;....:... E :.-:... .:....:-:;- A LOOSE to FIRM slightly cemented silly SAND with gravel T !i= (VERY SOFT LIMESTONE) T ~ I 24-5 9 - 30 - M 30 E 0 F D ~ R 7-S-ú 11 IÞ r ~ '- 35 Boring Tenninated L 35 L I N G - ! c::" ." I- c::I ~ ~ j ~ '" ,.:¡ Õ rr. 40 o 10 20 30 40 50 60 70 80 90 100 DRILLER: VA EQUIPMENT; CME-55 (Automatic Hammer) METHOD: Srandard Penetration Jest ASThf D-IS86 HQLE DIA.: 3 inches REMARKS: ROTARY DRILLING: GROUND WATER LEVEL: 7.5 feet PROJECT NAME: South Collier Water Reclamation Facility Exp. PROJECT LOC.: NAPLES, FLORIDA PROJECT No.: 40320-1-1101-01-800 DRILLED: 04/25/2001 BORING No.: B-17 PAGE 1 OF 1 THIS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDmONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDmONS AT O'IHER LOCATIONS AND AT OTHER TIMES MAY DIFFER. INTERFACES BEWEEN STRATA ARE APPROXlMATE. TD A 'h.rc:!"M"1'r\'),.TC! 'O'C"-""r'CTno.l C""I""h . "TO & ....,....... --- - LAW j r A'A'~'""" .......~.. 11 . . - - 1.1 II JI ~ III -I ~ ~ ~ ~ ~ ~ ~ ~ Addendum #1 , t...nn '""". D SOIL CLASSIFICATION L E SAMPLES PLJ.%) ~ · (%,.J [J-9 1~ E E L N-V AWE 'V' P AND REMARKS G E r N-COUNT . FINES (%) T E V Y H SEE KEY SYMBOL SHEET FOR EXPLANATION OF N P . . . . SPT (bpf) -0 "" "" SYMBOLS AND ABBREVIATIONS BELOW, D (ft) E - "" "2 - (g) VI c 10 20 30 40 50 60 70 80 90 100 - .... .., VERY LOOSE 10 LOOSE brown fine: SAND (SP) . ." II .' ..... ',,", " 2-2-3 5 It ','., ,', N ~!~~ :' ":',: A ~ T ~:~. . U 1;!' 2-1-3 4 f.4 .~:'~~ R :i~ A ¡ \ " L - 5 -; 2-3-7 10 5 .. G ~ LOOSE gray silty SAND, some shell and gravel (SM) ¥ 1 R ~. J" - 0 ä!: 2-24 6 U i N DENSE gray silty fine SAND with shell and gravel (SOFT to -' D " 1\ MEDIUM HARD UMESTONE) ~t,: 7-25-10 35 - 10 - S 2t u 10 , , R \ Time Rate of Drilling: . , F A 11'·12': IOminutc:s C \ 12' - ]3': 10 minutes E 13' - 13.5': 2 minutes "" E jt}~ L 27-44-16 60 ) I- 15 - E ..>1.! IS V , , V / h A , , T / LOOSE Ian silty SAND, some shell and gravel (SM) , , I / 0 , ' N ".".. ,/ , ' N fi 7-5 ·3 8 - 2.0 - 0 f 20 '.:. T , , " .' A VERY LOOSE gray silty SAND with $hen and gravel ~- V (WEATHERED UMESTONE) .:... . A .- ~:... I ...,. - ,:.:.- L :~~ '. ~- A ,~~ 6-2-2 4 - 2S - - ,:...:.. B Þ 25 ~-' L .:,.' ,- E ~:... .:.. .:.:.- A ,~:.... T - ,- ""... ~ ,~ T '*';¡' 1f1 8-1-2 3 I ~. . - 30 - ~'- i= 30 .:... ,:.:.- M \ ~:... F. .:...:.:.- F1R.\I1111n slightly cemented silty SAND withe shell and grave1 ~ 0 ~ (VERY'SOFr LJMESTONE) , ' F D ..,.. .~"r. R 2~:~ì 8-10-9 19 - 35 1 ~ 3S Boring Terminated L L I N G - 40 Ë ... c:: ... ~ o ~ :š ~ - .. t:! c .... ¿ o on o 10 20 30 40 SO 60 70 80 90 100 DRILI.ER: Y.A. EQUIPMENT: CME.S5 (Automatic Hammer) METHOD: Sl:1ndard Penetration Test ASTM D·1586 HOLE DIA.: 3 inches REMARKS: ROTARY DRILLING: GROUND WATER LEVEL: 6.4 reel PROJECT NAME: South Collier Water Reclamation Facility Exp. PROJECT LOC.: NAPLES, FLORIDA PROJECT No.: 40320-1-1101-01-800 DRILLED: 04/27/2001 BORING No.: B-18 PAGE 1 OF 1 TIllS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDITIONS AT THE EXPLORATION LOCATION. SUBSURFACECONDlTIONS AT OTHER LOCA TlONS AND AT OTIiER TIMES MAY DIFFER. INTERFACES BEWEEN STRATA ARE APPROXIMATE, LAW I 4 \IIIr-n:u:t r.:....... U^_I.._. L - .......---.....----...--..--- .-.- BID PROPOSAL COLLIER COUNTY WATER-SEWER DISTRICT COLLIER COUNTY, FLORIDA ORf~I~~~ South County Water Reclamation Facility Wetlands Restoration Bid No. 05-3736R Full Name of Bidder Quality Enterprises USA. Inc. Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406 Place of Business S::!mp State Contracto~s License # CBCA57231 CUC057398 Telephone No. 239-435-7200 Fax No. 239-435-7202 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter called the Owner). The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials 1 12/30/04 Q :¡,JM Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that he will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. WS-P-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration Quality Enterprises USA, Inc. BID SCHEDULE South County Water Reclamation Facility Wetlands Restoration Bid No. 05-3736R Contractor is to furnish and install the foUowing in accordance with the Contract Documents: till. Description Unit Quantily LANDSCAPING AND 1 IRRIGATION OF LS UPLAND AREA Total Price $ 48,800.00 2 EXOTIC SPECIES REMOVAL LS I $ 42.700.00 3 ALL OTHER WORK DESCRIBED IN CONTRACT DOCUMENTS $ 153,920.00 LS 4 OWNER'S ALLOWANCE EQUAL TO 5% OF THE AMOUNT BID LS $ 12.271.00 TOTAL AMOUNT BID $ 257.691.00 WS-P-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16CB 16C8~' The Bidder is required to state below, material manufacturers he proposes to utilize on this project. No change will be allowed after, submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID Will BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURERS MATERIAL MANUFACTURER 1. Trees & Shrubs Palm Coast Landscaping 2. 3. 4. 5. 6. Dated 1/4/05 Quality Enterprises USA, Inc. Bidder By: ~1?J~ce President WS-P-3 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoratiçm 16CB -1 The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project MàÌ1ager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes noncompliant and or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace subcontractor that is found to be noncompliant with this requiremènt subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. LIS r O~ SUBCONTRACTORS Subcontractor and address Class of Work to be performed 1. Palm Coast Landscaping Landscaping & Irrigation Naples, FL 2. - 3. 4. 5. - 6. 7. Dated Quality Enterprises USA, Inc. By: Biddy . , Paul ~t Presidene WS-P-4 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 1/4/05 STATEMENT OF EXPERIENCE OF BIDDER 1 6 C 8 ..~ The Bidder is required to state below what work of similar magnitude is a judge of his expenence, skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. Proiect and Location Reference 1. East Quadrant Aircraft Storage Buildings Phil Norris City of Naples Airport Authority 239-643-1943 Naples Airport. Florida Naples Airport, Florida Phil Norris City of Naples Airport Authority 239-643-1943 2. Rental Car Wash Facility - 3. District III Sidewalk & Drainage Improvements Marco Island, Florida Angelo Ubertaccio City of Marco Island 239-389-5000 Marco Island, Florida Angelo Ubertaccio City of Marco Island 239-389-5000 4. Tallwood Storm Sewer Project 5. 6. 7, ._ 8. - Dated 1/4/05 Quality Enterprises USA, Inc. Bidder By: President - Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration TRENCH SAFETY ACT 1!. a'·. Bidder acknowledges that included in the various items of the proposal and in the Totahi&-l>'c' e ' costs for complying with the Florida Trenç.h Safety Act, Chapter 553, Part VI, Florida Statutes. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF.SY) Unit (Quantity) Unit Cost Extended Cost 1. Slope LF '100 $ 2.00 $ 1,000.00 2. 3. 4. 5. 6. Total $ 1,000.00 Failure to complete the above may result in the Bid being declared non-responsive. Dated 1/4/05 Quality Enterprises USA, Inc. BidfJ By: '/~ Pral oria . Vice President i WS-P-6 _ Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration CONFLICT OF INTERES-I 16 C S" 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the Countý. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. >- Failure to provide the documentation requested above may result in the Bid being declared non-responsive. Quality Enterprises USA, Inc. Contractor BY:~ ~j- P, ul oriar /:J Date: 1/4/05 Its Vice President WS-P-7 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16C8-'~ Upon receipt of written notice 'of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within 10 calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: ')% dollars ($ ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not 'executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (Jater) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point - of final acceptance by the Owner within one hundred twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of F10rida County of Collier Paul Moriarty . being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Paul Moriarty , also deposes and says that he has examined and carefully prepared his Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. WS-P-8 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration (a) Corporation 1 6 8 The Bidder is a corporation organized and existing under the laws of the State of Virginia ,C which operates under the legal name of Quality Enterp.rises USA. Inc. , and the full names of its officers are as follows: President HnwRrc1 J. Murrell Secretary Stacey L. Murrell Treasurer Manager and it (does) or (does not) have a corporate seal. +tIe (name) is-authôñžed to sign construction propnsals and ~ontracts for the company by 3ction-ef its Roard of Dtrectors taken , a certified oopy of which is he~ attached (strike out this lest sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is if operating under a trade name, said trade name is I and Dated 1/4/05 Quality Enterprises USA, Inc. legal entity WS-P-9 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ¡--g~~ -(~. , I s ~'1 Q''l/J ' \/ VI, . _ .... /ft., /' '·'1' ¡J1 ¡J'¿7'J, '-; i/Î ;' - \--{t-.t..-r A:.) ~ ' ?- Wifness By: rises USA, Name of Bidder (typed) ~paUl Moriarty Vice President 3894 Mannix Drive, Suite 216 Naples, FL 34114-5406 ~ .~ i Attested: A-à/:(wvtd! ,~tacey L.~urrell Incorporated in the State of Virginia [Corporate Seal] STATE OF Florida COUNTY OF Collier 5 The foregoing instrument was acknowledged before me this 200~, by Paul Moriarty , as Quality Enterprises USA. Inc. . a Vir~inia corporation. He/she is personally known to me or has produced - ----- as identification and did (did not) take an oath. 4th day of January Vice President of corporation, on behalf of the N/A My Commission Expires: February 11, 2006 .... , di!14/ \ ( ......~ ¡ lltll&?t{, / , /l (Signature of Notary) å~~r~<. MARCIE L COHEN :./'1::.."" ~*: MY COMMISSION # DO 090876 ~.~~~1 EXPIRES: February 11, 2006 .....,~,~~:~~.... Bonded Thru Notary Public Underwriters Name: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD 090876 WS-P-10 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ~_.._.".._._.,-_.."'''--' 810 BOND 16CB ,-... KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc. 3894 Mannix Dr., Suite 216; Naples, Fl 34114 . (hèrein after called the Principal) and Travelers Casualty and _ Surety Cœpany of MErica . (herein called the Surety). a· corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of _ Florida are held and firmly bound unto the Board of County CormTissioners Collier County, Naples, Florida {hereinafter called the Owner, in the full and just sum of Five (5%) Percent Arrount of The Bid dollars ($ 5% Mlt. Bid, ) good and lawful money of -the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor. materials. equipment and incidentals necessary to furnish and install: , South County Water Reclamation Facility Wetlands Restorati~n Btd No. 05-3736R NOW. THEREFORE: The conditions of this obligation are such that if the Proposal be _accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms. conditions and prlce(s) set forth therein. of the form and manner required by the Oivner, and execute a sufficient and satisfactory _ Contract Performance Bond and Payment B(md payable to the Owner, in an amount of one hundred percent (100%) Percent of the total Contract price each in a form and with security sàtlsfactory to the said Owner. then this obligation to be void; otherwise t9 be and remain in full force and virtue in the _law; and the Surety shan. upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner. upon demand, the amount hereof in good and lawful money of the United States of America, not as a ._ penarty but as liquidated damages. WS-P-11 - Bid No. OS-3736R - South County Water Reclamation Facility Wetlands Restoration IN TESTIMONY Thereof, the Principal and Surety have caused these present to be duly 1ø~(\ 0 - _ sealed this 4th day of January ,20~. 5 ~ _ By: (Seal) eal) JohnÆ. Stanchini/ ~ C ntersigneL, ¡. :Pert- )tf)¿ fJ/f m)ìU J~l J. Powell Brown - Local ReSide'vOdUcãng Agent for Travelers Casualty and Surety Corrpany of Arœrica WS-P-12 - Sid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16C8-;~ ~ STPAUL f.Iiii TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-I018 (9/04) _.,....-"....__.._._.~..'-_.-' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 16CB "' POWER OF ATTORNEY AND CERTIFICATE OF AutHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John C. Stanchina, Hunter F. Avery, Kathleen M. Ferrigno, Barbara E. Moore, Claudia M. Clarkson, Kelly Lackey, Patricia L. Lewis, Jessica J. Winfree, Jeffrey Mark Johnson, of Richmond, Virginia! Raleigh, North Carolina I Alpharetta, Georgia, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by ills/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fllily and to the same extent as if the same were signed by the dilly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed, Tills appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts ofinderrmity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04) Unlimited THIS SHEET MUST BE SIGNED BY VENDOR 16CB BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1, The Bid has been signed. 2. The bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5, Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9, The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <=:>Bid Number; <=:>Project Name; <=:>Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET B?dJ~Ws: .~rPrp4= USA. Tnc. Signa~~ Ti~paUl Moriarty. 1/4/05 Date Vice President W8-P-13 Sid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration CONSTRUCTION AGREEMENT 16ca-" THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ex-Officio the Governing Board of the Collier County Water-Sewer District ("Owner"), hereby contracts with Quality Enterprises USA, Inc.. ("Contractor") of 3894 Mannix Drive, Suite 216, Naples, Florida 34114, a Virginia corporation to perform all work ("Work") in connection with the South County Water Reclamation Facility Wetlands Restoration, Bid No. 05-3736R ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, the Engineers and/or Architects of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: : two hundred fifty-seven thousand six hundred ninety -one dollars ($257,691.00) WS-CA-1 Bid No. OS-3736R - South County Water Reclamation Facility Wetlands Restoration Section 4. Bonds. 16 C8"~ A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount' of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 1 0038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety, B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liQuidated DamaQes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within ninety (90) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within one hundred twenty (120) calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two hundred twelve dollars and forty-two cents ($212.42) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of one hundred six dollars and twenty-one cents ($106.21), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, WS-CA-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration which the parties awee ~epresents a fai~ and reasona~le estim~te of the Owner's actlal~rJ1'~ ~" the time of contracting If Contractor falls to substantially or finally complete the ~r~ ~ 'Qely , manner. C. Computation of Time Periods. - When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of two hundred twelve dollars and forty-two cents ($212.42) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of one hundred six dollars and twenty-one cents ($106.21) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. WS-CA-3 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. 1 6 C 8 ..., J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Plans and Specifications prepared by Hole Montes, and identified as follows, South County Water Reclamation Facility Wetlands Restoration, as shown on Plan Sheets 1 through 6. Section 7. Notices. A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Alicia Abbott, Project Manager Public Utilities Engineering Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239-530-5344 Fax: 239-530-5378 E-mail: aliciaabbott@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: WS-CA-4 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration Mr. Paul Moriarty, Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive Suite 216 Naples, Florida 34114-5406 239/435-7200 239/435-7202-fax 1 6 C 8 ...., C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11, No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provIsion of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration WS-CA-5 16ca-l Section 15. Construction Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. : : : : : : : : : : : : : : : ........ ...... WS-CA-6 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indic~d below. 1 E, ~ 8 · CONTRACTOR: TWO WITNESSES: fiÇl!Ss Richard R. Slicko Type/Print Name ~-1~ L--- Q9P<JD WITNESS Louis J. Gaudio Type/Print Name Date: d-)I~)o5 ATTEST: , ".. L- Teach Assistant County Attorney Quality Enterprises USA, Inc. By: ~ Paul Moriarty, Vice President Type/Print Name and title Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" , . . ' . ~ " " :' i ~ ~ ' . J OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLO~DA, EX-OFFICIO THE GOVERNING BOAR[J',QF THE ,,: COLLIER COUNTY WATER~~.~~ER DISTR~Cr .- . : " } Î j J ¡ ¡ : : ~ t ~ " By: ~w.~ Fred W. Coyle, Chairman Item # 110 (', f5 ~~~~da ~. R '01) WS-CA-7 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT A PUBLIC PAYMENT BOND 16CB South County Wàter Reclamation Facility Wetlands Restoration Bid No. 05-3736R CONTRACT NO. BOND No. 104445861 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216; Naples, FL 34114 . as Principal, and Travelers Casualty and Surety Corrpany of ÞJœr; ca . as Surety, located at 300 Arboretum Parkway. Suite 390; Richrrond, VA 23236-3461 (Business Address) are, held and firmly bound to The Board of County Cœmissioners of Colller County, FL as Obligee in the sum of TWJ HUr:Jdred Fifty Seven Thousand Six Hundred Ninety One &00/100 ($ 257,691.00 ) ,for the payment whereof we bind ourselves, our heirs, executors, personal representa1ives. successors and assigns. jointly and severally. 05-3736R WHEREAS, Pnncipal has entered into a contract dated as of the 14th day of February - 20~?with Obligee for South County Water Reclarration Facility Wetlands Restoratiõñ;Bid No. 05-3736R in accordance with drawings and specifica1ions, which contract Is Incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract. then is bond is void; otherwise it remains In full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the pena,1 sum of this Payment Bond, regardless of the num~ of suits that may be filed by claimants. IN WITNESS WHEREOF. the above parties have executed this instrument this 14th day of February . 20oW.5the name of each party being affixed and these presents duly signed by its under-signed representative. pursuant to authority of its governing body. WS-CA-A-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration vlyl1ed. sealed and delivered in the resence of: PRINCIPAL: 1 6 C 8 -, By: Name: , How Its: P USA, Inc. STATE OF 1<"m";~'" COUNTY OF Collier The foregoing instrument was acknowledged before me this 14thdayof February by Howard J. Murrell . as President Quali ty Enterprises USA. Inc. . a Vin~inia corporation. on the corporation. He/she is pe~nally known to me OR has N/ A as Identification and did (did not) þJke an oath. "h", - J ;All My Commission Expires: February 11, 2006 ~ r~rvA--j ~ (Signature of Notary) . 2001,5 of behalf of produced ~~,*\'f~~~ MARCIE L. COHEN ~¡ ~'iÄ." :..~ MY COMMISSION If DO 090876 ~·å·~"...: EXPIRES: February 11,2006 ',~,j¡r.~~'" Bonded Thru Notary Public Underwriters NAME: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of F1 or; d;:¡ Commission No. DD 090876 ATTI;ST: SURETY: Travelers Casualty and Surety Carpany of Alrerica (Printed Name) 300 Arboretum Parkway, Sui te 390 Richmond, VA 23236-3461 (Business Address) (Authorized Signature) (Printed Name) Witness as to Surety OR WS-CA-A-2 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration --- 16 .'... I Joh . Stanchina Witnesses P.O. Box 72fJ Richmond, VA 23218 (Business Address) Jessica J. Winfree, Attorney-in-Fact (Printed Name) (804) 780-0611 (Telephone Number) STATE OF Virginia COUNlY OF Ri chmond The .foregoing instrument was acknowledged before me this 14th day of February Jessica J. Winfree. as Attorney-in-Fact Travelers Casualty and Surety CaTpany of Arœrica . Surety. on behalf of Surety. personally known to me OR has produced identification and who did (did not) take an oath. My Commission Expires: 'ð/2Jf ¡2..(')()(C . 20Q¥4~ by of He/She is as (AFFIX OFFICIAL SEAL) Name: Kathleen M. Ferrigno, Coomissioned as Ka (Legibly Printed) Notary Public. state of Virginia Commission No.: n/a WS-CA-A-3 Bid No. D5-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT A PUBLIC PERFORMANCE BOND 16CB South County Water ReclamationFacility Wetlands Restoration Bid No. 05-3736R BOND NO. 104445861 CONTRACT NO. 05-3736R KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. ' 3894 Mannix Drive, Suite 216; Naples, FL 34114 , as Principal, and Iravelers Casualty and Surety Cœpany of Arœrica I as Surety, located at 300 Arboretum Parkway, Suite 390; RichrrDnd, VA 23236-3461 (Business Address) are held and firmly bound to The Board of Co. Cœmissioners of Collier Co. ,F,tas Obligee in the sum of 1'-"0 Hundred Fifty Seven Wðð~crlix Hundred Ninety One ($ 257,691.00 ) for the 'paymen1 whereof we bond ourselves. our .- t1e1rs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS. Principal has entered into a contract dated as of the 14th day of February 200'4~with Obligee for Sòuth County Water Reclarration Facility Wetlands f{estnration; Bid No. utJ-jjjóK in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND Is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains'" because of any default by Principal under the Contract~ including, but not limited to. all delay . damages. whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materiats furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. WS-CA-A-1a Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration · 1 6 C 8 -'~ The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed thereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05. Florida Statutes, shall not apply to this bond. ' In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 14th day of February . 20~~ the name of each party being affixed and these presents duly signed by its undersigned representative. pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: Quality Enterprises USA, Inc. Wi~ 10 Principal Louis J. Gaudio STATÈ OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 1 á Tn 20~.5 by Howard J. Murrell . as Quality Enterprises USA. Inc. . a VirginiR the corporation. He/she is personally k~ to me OR has produced as Identffication and did (did not) take an oath. day of February I President of , corporation, on behalf of N/A WS-CA-A~2a Bid No. 05-3736R - South County Water Rec1amation Facility Wetlands Restoration 11 1û ~ (> ' / 11¡lj£) 1,/ "~ (Signature of Notary) 16CB ..~ My Commission Expires: February 11, 2006 ,''''-:;''\¡'~'''' MARCIE L. COHEN t.,r·J;;,·tt\ MY COMMISSION # DO 090876 ~.~;é EXPIRES: February 11,2006 o.;r,ì:¡¡f.~~~"'" Bonded Thru Notary Public Underwriters Name: Marcie L. Cohen (Legibly Printéd) - (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No. DD 090876 ATTEST: SURETY: Travelers Casualty and Surety Coopany of Ärœrica (Printed Name) 300 ArboretLm Parkway~ Suite 390 Richrrond, VA 23236-3461 (Business Address) (Authorized Signature) (Printed Name) OR John C. Stanchina Witnesses P.O. Box T!fJ Richtrond, VA 23218 (Business Address) Jessica J. Winfree, Attorney-in-Fact (Printed Name) (804) 780-0611 (Telephone Number) WS-CA-A-3a Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration STATE OF Virginia COUNTY OF Ri chrrond 16CB " " The foregoing instrument was acknowledged before me this 14th day of February 200~1 by Jessica J. Winfree . as Attorney-in-Fact Travelers Casualty and Surety Corrpany of Arrerica . Surety, on behalf of Surety. personally known to me OR has produced identification and who did (did not) take ':1th.. (' My Commission Expires:"ú/b1/ZdV. C/\ \~~ ~ (Signature of Notary) ~ Name: Kathleen M. Ferrigno, Carmissioned as Kathleen M. Taton (Legibly Printed) , of He/She is as (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia Commission No.: n/a , WS-CA-A-4a Bid No. 05-3736R - South County water Reclamation Facility Wetlands Restoration 16CB . STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible, Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-I018 (9/04) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 16 CS"" POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THA T TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John C. Stanchina, Hunter F, Avery, Kathleen M. Ferrigno, Barbara E. Moore, Claudia M. Clarkson, Kelly Lackey, Patricia L. Lewis, Jessica J. Winfree, Jeffrey Mark Johnson, of Richmond, VirginiaJ Raleigh, North Carolina I Alpharetta, Georgia, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemIÚty, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed, This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsinúle to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsinúle signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsinúle signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, (05-04) Unlinùted Client#: 7189 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I ~~M ""W ... 2/1 OJ . M PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Thomas Rutherfoord Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 222 Central Park Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1340 Virginia Beach, VA 23462 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: St Paul Fire & Marine Insurance Co Quality Enterprises USA, Inc. INSURER B: Natl Union Fire Ins Co of Pittsburgh & Quality Environment Co., Inc, INSURER C: 3894 Mannix Drive, Suite,216 INSURER D: Naples, FL 34114 INSURER E: QUALIENTE1 ., COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRí TYPE OF INSURANCE POLICY NUMBER P6>N~\'¡~~68,W¡E P~~fl 'f..~\rc'~N LIMITS A GENERAL LIABILITY CK04600192 07/01/04 07/01/05 EACH OCCURRENCE $1.000.000 - ~~~ð~UO RENTED x.. 3MERCIAL GENERAL LIABILITY $300 000 - CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $5 000 - PERSONAL & ADV INJURY $1 000.000 - GENERAL AGGREGATE $2.000.000 GEN'L AGGRE~E LIMIT AP¡ilS PER PRODUCTS· COMP/OP AGG $2.000.000 I X PRO· X POLICY JECT LOC A ~TOMOBILE LIABILITY KA04600003 07/01/04 07/01105 COMBINED SINGLE LIMIT ,!... ANY AUTO (Ea accident) $1,000,000 f-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) f-- Þ- HIRED AUTOS BODILY INJURY $ ¿ NON·OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY· EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B ~ESS/UMBRELLA LIABILITY BE2685100 07/27/04 07/01/05 EACH OCCURRENCE $5 000 000 X OCCUR D CLAIMS MADE AGGREGATE $5.000 000 $ =1 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WVK460001 B 07/01/04 07/01/05 X I T"/,~J'!~Y.¥~ I IOJ~' EMPLOYERS' LIABILITY $100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E,L, DISEASE· EA EMPLOYEE $100,000 If yes, describe under $500,000 SPECIAL PROVISIONS below E.L. DISEASE· POLICY LIMIT A OTHER Leased or CK04600192 07/01/04 07/01105 $120,000 max. per item Rented Equip. Deductible: $2,500 A Owned Eauipment CK04600192 07/01/04 07/01/05 Per Schedule OnFile DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Collier County Board of County Commissioners is named as Additional Insured with respects to general liability ATIMA. Project: Contract #05-3736R, South County Water Reclamation Facility Wetlands Restoration Waiver of Subrogation in favor of Certificate Holder included. CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Department 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR BM @ ACORD CORPORATION 1988 ACORD 25 (2001/08) 1 of 1 #S241269/M223421 EXHIBIT B INSURANCE REQUIREMENTS 1 6 C 8 "" (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/Professional. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverage required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Contractor for such coverage purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor/Consultant/ Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WS-CA-B-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ....--......"..^..,---- WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 16CB ,'"' Required by this Agreement? (check one) l Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant! Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee --2L- $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. o Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. o Applicable x Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? lYes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property WS-CA-B-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration --,.._",-,....,-_.,.,,,..."._~--~~"""-_.-"..,,.,._"--~----,,"~.._,~,"---_.~--"~~"-^ Damage including Completed Operations and Products and Completed Operations ~v~a". (gmits 1 of Liability shall not be less than the following: (check one) L 0 L, 0 _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage -X. General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you," (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. o Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. o Applicable x Not Applicable WS-CA-B-3 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ---- PROPERTY INSURANCE - BUILDERS RISK 16C8 (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, ,- Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner, If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Exhibit C or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary, The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. WS-CA-B-4 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration AUTOMOBILE LIABILITY INSURANCE 16CB"" Required by this Agreement? (check one)..lL. Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor/ConsultanU Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) _ Bodily Injury & Property Damage - $ 500,000 --L Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/ConsultanUProfessional and, if so, such policy may be in addition to and in excess of Employers' Liability, Commercial General Liability and Automobile Liability and Professional Liability coverage required herein and shall include all coverage on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. WS-CA-B-5 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT C RELEASE AND AFFIDAVIT FORM 16CB '''I , 1 COUNTY OF COLLIER STATE OF FLORIDA Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and its subcontractors, material men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, Ex-Officio the Governing Board of the Collier County Water-Sewer District ("Owner") relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20_, for the period from to (2) Contractor certifies for itself and its subcontractors, material men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR: By: Its: President Date: Witnesses [Corporate Seal] WS-CA-C-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ~._,~_._._._--..,.._""._.._-- STATE OF 1 Ar 8 l.~... , "~ 1 COUNTY OF The foregoing instrument was acknowledged before me this 2004, by , as ,a the corporation, He/she is personally known to day of , of corporation, on behalf of me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: WS-CA-C-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT 16CB (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By Design Professional: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) WS-CA-D-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ! ~I~ gl , , rig - , 1 I~I ILl) ~I~,~I '0 I f" ::;,J!! W _I '~: C) J!I o < e, ¡¡o: Z j' I <C !! .E:t- I- " .!!Ie: W I!! 11:1- ~ E 1- ::;, W 0- 0 C) Ie: u ~~ rº 0> I 0- oro I ....< ¡g ¡ I- W, 11:' I ... e: I 0'- WJ: en (.)f/) 1$ 0> z- 'il~ II :5~ ! <0 :I~ I : ID 1-1 I-W I -r-4 , ZI- 1::;"- i '--"-I-- WW ,0>J!! ! I (.)..J I 1- en I II:Q. f" w::!! Q. 81 o.c 1 001 u- ~¡¡¡~~ !: ~ I UIIO I- ..J o'(Š I¡¡~ I . o Q. 1-' I- ::!! (/)10 80/111- 8 E ' Q ... I I £~ f/)' ßl ë . II: ~ ! ::;, ¿ ow' e: E 1 ~!;( ; ,º.2 I ::!!' i ro 0 I L: ~I~ E O[ , N 1! ,¡; ~'-~+ I c: E' e: QI 0 0 ::I ~ ~Ii rn 2: I :¡;:¡ w ¥ ,. '8 :I: a: <C ~ :J I-W ~~ () .9 ...J "[S1: 0 D- I I/) ~ D.. ~ :. W en Q) jj f/)W ,.E I ~ a:: u.. ...J zl- :=-0 I/) 0 D- 0< g~; I '0 :E -0 c: W 0 I-w cu ...J () <(.) .~ I ~ :J ~I ~Z Q I,!!) ..J- :~; Q' I 3: c a: Q.I/) w 01 Q. (/Iro ~ ::I: ;<1 <w '-: e: I f/)I- ~j~1 I 0 , :;)< "(3 rn I 00 cu i >:;) ¡21'S I ' u. I WII: .c' 0>, 1 c: I II::¡: I~¡jf Q.I- I 0 : :¡::¡ I 01 cu ,I-U¡ , E , W¡ ~I~I I cu ! ..JW Ü :;) :;)1 I 1 ßI~ 12 =, Q) B 'õ: a:: I ~I>I !I~.æ .... .m '~{g . , cu I ~ 1?1 ~ :s: I l~B~ ~ ~ Co J!! c: :;) !l.1::;' ~ 0 Z mi5.5 () 0 'E¡~ Q) ~ ¡:::: ~ E æ - :;) Q. 0 ~ c.E.c CIJ (.) E e: U 'ê f/) ::;, = 0> I W ~ '8 Iii =1 I a:: GI 0 ::I < - 0> <D o ~ U' t: I- ~1§,5 C") ;¡ 0 r--. c I- 0> (/ C") 0 =1 <0 i I () I .... .s::. c: : 10 ~f- ií o II) Q) 0 E 'II: r~ 0 I- ea j 0 _ <0 Z ãi 2:' ==W :.¡:; - ..c _I I :E u' WIlD I Ij~~ '0 ..I t-:¡::!! ãï ~ £'1 -:;) I Z &1 .E:~ I I. I£!:= EXHIBIT E CHANGE ORDER 16 C8 .. TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Change Order No.: Bid No.: Date: Change Order Description: Original agreement amount .., ......,... ...... ......,.. ..... ...... .......,.....,..,.......$ Swn of previous change orders amount ............................................$ This Change Order Amount ....... .............. .................. ...... .... ........ ......$ Revised Agreement Amount ........... ................................. ................... $ Original contract time in calendar days .................................................. Acljusted nwnber of calendar days due to previous change orders ......... This change order adjusted time is .......................................................... Revised Contract Time in calendar days ................................................. Original Notice to Proceed date .............................................................. Completion date based on original contract time......................... Revised completion date..... ................................... ...................... Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and fmal settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: PUED Project Manager Recommended by: Date: Design Professional WS-CA-E-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration - _.~----,_._-,._._._._.- ._.,u_.__ Accepted by: Date: Contractor Approved by: Date: PUED Director Authorized by: Date: Director (For Use by Owner: Fund: Cost Center: Object Code: G:\Forms\Change Order Master.doc Revised 02/03/98 Project No.: WS-CA-E-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16c8 ) ~ ..~ .~ EXHIBIT F 16 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 WS-CA-F -1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: OWNER: 1 sea '~tl,',' ;! -<I RESPONSIBILITIES: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title WS-CA-F-2 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No,: Date: 106 C8 '1 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2, Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form), 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Contractor evaluation completed. 13. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. ACknowledgments: (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Contractor: By Owner: WS-CA-G-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT H GENERAL TERMS AND CONDITIONS 16C8 >,:.~ ,J 1. INTENT OF CONTRACT DOCUMENTS. 1,1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the WS-CA-H-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration l/~ Q"~ ,I~: _ project area as a whole; topography and ground surface condnions; nature an9 j;.fJy of. e surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation, 2,2, Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being .- referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the - Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for his/her review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below, The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3,3 All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County land Development Code. Unless otherwise specified, work will generally be limited to the hours of 8:00 a.m. to 7:00 p.m., Monday through Saturday, except for County Holidays. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1, Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D, WS-CA-H-2 _. Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16 C8 J ) 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager a complete list of all its proposed subcontractors and material men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after the date of each Application for Payment is stamped as received, the Project Manager, or Consultant, shall either: 4.4.1 Indicate his approval of the requested payment; 4.4.2 Indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or 4.4.3 Return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218,735, Florida Statutes and the administrative procedures established by the County's Purchasing Department and the Clerk of Courts' Finance Department respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and resubmit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5. Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due, unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. Collier County shall reserve the right to reduce the amount of the retainage witheld subject to the guidelines as set forth in the County's Purchasing Policy. 4.6, Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. WS-CA-H-3 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16CB , 4.7. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4,8. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule, 4.9. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1, The Project Manager or Owner may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: 5.1,1 Defective Work not remedied; 5.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims; 5.1.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; 5,1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; 5.1.5 Reasonable indication that the Work will not be completed within the Contract Time; 5,1,6 Unsatisfactory prosecution of the Work by the Contractor; or WS-CA-H-4 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ,-----,~-,_._-_._----'-"".,-,..-." v ___"_''''__'".''"''~;~,'.....,.. , 16CB ;¡ 1 5.1.7 any other material breach of the Contract Documents. 5.2, If any conditions described in Subsection 5,1 are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner, 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by the Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor thereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples, Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7,2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. WS-CA-H-5 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16CB · 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5. The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitµte will be ordered, installed or utilized without the Project Manager's and the Owner's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Owner's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1. Unless waived in writing by owner, contractor shall complete and submit to Project Manager on a weekly basis a daily log of the contractor's work for the preceding week in a format approved by the Project Manager and Owner. The daily log shall document all activities of contractor at the project site including, but not limited to, the following: WS-CA-H-6 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16C8 :~, ":~ , 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and subcontractors' personnel; 8.1.4. The number of Contractor's and subcontractors' personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project site; and 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance, The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e,g. interior or exterior wall faces), The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. WS-CA-H-7 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16CB', 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work thereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or _, representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all - portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2, Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension, 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or ,__ additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion, 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. WS-CA-H-8 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16C8 - 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree, 10,3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change, In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10,4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%), All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above, Contractor's and Sub-Contractor's bond costs associated with any change orders shall be included in the overhead and profit expenses and shall not be paid as a separate line item, 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10,6. The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1, A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the party making the Claim. WS-CA-H-9 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16CB f 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within ,_ fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure, copies of which are available in the County Attorney's Office or the Purchasing Department. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11,3, The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding; unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2, Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. WS-CA-H-10 _ Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration -_.,,--"- ----~-- >.,,- '---'"'-'--''-~-'---'------~''"''''' ..-.--,--- 13. INDEMNIFICATION AND,INSURANCE. 1 6 C 8 '~~, ,.¡ 13,1 IDEMNIFICATION, The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County, This section does not pertain to any incident arising from the sole negligence of Collier County. 13.2. The Contractor's obligation to indemnify and defend the owner shall not be limited in any way by the agreed upon contract price as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection. 13,3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner, WS-CA-H-11 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16CB t 15,2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during ,_ the prosecution of the Work, Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work, 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17,2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. WS-CA-H-12 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16C8 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days foJlowing receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorney's fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19, TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1, Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor, In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. WS-CA-H-13 Bid No. OS-3736R - South County Water Reclamation Facility Wetlands Restoration 16C81 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Design Professional will make such inspection and, if he finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that, on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C, (2) Consent of surety to final payment. WS-CA-H-14 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16C8'>~' (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued his recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2, No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities, 22. TESTS AND INSPECTIONS. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2, If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager, WS-CA-H-15 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16,-;8 ~, 22.3, If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.4. The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, 22.5. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents, 23. DEFECTIVE WORK. 23,1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work, Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23,2. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, WS-CA-H-16 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration >-.--"',_..."-_.- 23.3. If any portion of the Work is defective, or if Contractor fails to SUPPIy~U£i~t ªilled vi~rkers': with suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner, Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so, Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work, If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency, To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work, Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall WS-CA-H-17 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 1 08 (J ~1 :,¡ be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2. Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss, Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from WS-CA-H-18 Bid No, 05-3736R - South County Water Reclamation Facility Wetlands Restoration I I the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall· be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 16C8 '1 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28, SAFETY. 28,1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28,1.1, All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1,3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2, Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. WS-CA-H-19 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration 16 C8 " 28.3. Contractor. shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened bŸ the Project Manager with respect to the Project, when directed to do so by Project Manager. Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000, To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807. Copies are available through Risk Management and/or Purchasing Departments. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements, Strict adherence to the requirements of the MOT policy will be enforced under th is Contract. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Agreement which shall take precedence over other conditions and terms of this Agreement where inconsistencies or conflicts exist. WS-CA-H-20 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration I Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: 16C8 'i 1 A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number, The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B, Insurance costs C. Performance Bond 32,3 General Terms and Conditions A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County-furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. B, Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. C, The transfer of possession of County-furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County- furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement cost of any County-furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. WS-CA-H-21 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration ", 16 C8 ., E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County-furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County, WS-CA-H-22 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT I 1 6 C 8 SUPPLEMENTAL TERMS AND CONDITIONS : .1 "'''1 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. WS-CA-I-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration EXHIBIT J TECHNICAL SPECIFICATIONS 1 6 r. 8 .., WS-CA-J-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration -.,,'_.~-- COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPT. SCWRF STORMW ATER MANAGEMENT AND WETLANDS MITIGATION TABLE OF CONTENTS VOLUME I - TECHNICAL SPECIFICATIONS - DIVISIONS 1-2 Division 1 - General Requirements Section 01110 - Summary of Work Section 01150 - Protection of Existing Facilities Section 01210 - Measurement and Payment Section 01330 - Submittals Section 01410 - Regulatory Requirements Section 01420 - Reference Standards Section 01430 - Materials Testing Section 01450 - Quality Control Section 01470 - Color Audio-Video Preconstruction Record Section 01600 - Material and Equipment Section 01740 - Construction Cleaning Section 01770 - Contract Closeout Section 01781 - Project Record Documents Division 2 - Site and Utility Work Section 02230 - Clearing, Grubbing and Stripping Section 02240 - Dewatering Section 02315 - Site Earthwork Section 02811 - Landscape Irrigation Section 02938 - Sodding Section 02950 - Trees, Plants and Ground Cover 16 C 8 ..." May. 2004 TOC·¡ SCWRFENTRANCEROAD TABLE OF CONTENTS __~;o,_·,·"'^'.·_-_"'_'__·_ 16 C8 ~, SECTION 01110 SUMMARY OF WORK PART 1 - GENERAL 1.01 SECTION INCLUDES General description of the Work required under this Contract. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this Contract comprises construction of stormwater management areas and wetland restoration at the Collier County - South County Water Reclamation Facility (SCWRF). The Contractor shall refer to the Contract Documents for a more complete description of the Work. B. The Work Includes: 1. Furnishing of all labor, material, superintendence, plant, power, light, heat, fuel, water, tools, appliances, equipment, supplies, services and other means of construction necessary or proper for performing and completing the Work. 2. Sole responsibility for adequacy of plant and equipment. 3. Maintaining the Work area and site in a clean and acceptable manner. 4. Maintaining existing facilities in service at all times except where specifically provided for otherwise herein. 5, Protection of finished and unfinished Work. 6. Repair and restoration of Work damaged during construction. 7. Furnishing as necessary proper equipment and machinery of a sufficient capacity to facilitate the Work and to handle all emergencies normally encountered in Work of this character. C. The Work can be generally summarized to include: 1. Clearing land for construction 2. Removing trash and debris 3. Filling wetlands where shown in the plans 4. Constructing compacted embankments. 5. Excavating pond areas. 6. Sodding water management areas December, 2004 01110-1 SCWRF WETIANDS SUMMARY OF WORK ~'-'-"-"--"--"-'-"--'-----~~<---"--"--'---'------',.,..--- ,.. 16C8 i .116 7. Planting native plants in wetlands areas including site preparation and maintenance as described in the Contract Documents. 8. Installing an inigation system for the upland trees. 9. Planting upland trees. to. Removing silt fence 11. Incidentals, construction and dewatering permits, and all items and labor required to complete the Work described in the Contract Documents. 1.03 SEQUENCE OF WORK A. The Contractor shall coordinate all Work so as not to hinder or impede security at the SCWRF. B. The Work shall be properly coordinated and constructed in a sequence that impacts to the work of other contractors of the site will be minimized. C. The irrigation system and planting of the upland trees shall be coordinated with the work of a separate contractor constructing a new entrance road. That contractor must put in service the new entrance road before removing the asphalt nom the old entrance road, which must take place prior to the planting of the upland trees. The Contractor must coordinate his work in the area ofthe existing entrance road with the road contractor. The specified duration of the entrance road contract will enable the planting of the trees to occur within the specified Substantial and Final Completion dates specified for this project. 1.04 CONTRACT METHOD Construct the Work under a single contract. 1.05 WORK BY OTHERS During the construction period for this project, the Owner (either with his own forces or under a separate contract) will be perfomring other work that will require the cooperation of the Contractor in scheduling and his coordination to avoid conflicts. END OF SECTION December, 2004 01110-2 SCWRF WETLANDS SUMMARY OF WORK SECTION 01410 16CB ., REGULATORY REQUIREMENTS PARTI-GENERAL 1.01 SECTION INCLUDES Requirements and procedures for obtaining permits and complying with permits. 1.02 PERMITS A. Contractor will obtain County, State and Federal permits not obtained by County, including but not limited to building permits, South Florida Water Management District dewatering permits, right-of- way permits, burning permits, tree removal permits, excavation permits, demolition permits and Florida Dept. of Environmental Protection NPDES Stormwater Pollution Prevention Plan. B. The Contractor must file a minimum of 48 hours prior to start of construction a Notice of Intent with the County. C. Contractor shall schedule and document all inspections and re-inspections (if needed) required by permitting agencies. D. County has obtained the following permits: 1. Environmental Resource Permit - copy attached 2. Department of the Army, Corps of Engineers Wetlands Permit - copy attached 3. Collier County Site Development Plan - Copy Attached 4. Collier County Clearing Permit E. Documents: 1. County will furnish signed and sealed sets of Contract Documents for permit applications. 2. County will furnish copies of permits obtained by County and required to be posted on the job site. Copies of permits will be forwarded to Contractor prior to start of construction. 3. Contractor shall furnish copies of permits obtained by the Contractor. Forward copies of permits to the County prior to commencement of work requiring permits. 1.03 CODES AND ORDINANCES A. Codes applicable to this project include, but are not necessarily limited to, the following: 1. Standard building codes as applicable. 2. Title 29. Part 1926. Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto. 3. Title 29. Part 1910. Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments thereto. 4. Accessibility Requirements Manual, Department of Community Affairs, Florida Board of Building Codes and Standards. December. 2004 01410-1 SCWRF WETLANDS REGUlATORY REQUIREMENTS . .. ~ __··"·"w·,,·_·_'~·M'·"~_~ 16C8 ,~ .1 1 5. The Americans with Disabilities Act (ADA) 1990 36 CFR Part 1191 Architectural and Transportation Barriers Compliance Requirements. 6, NFPA 101 Life Safety Code, Latest Edition. 7. Standard Fire Prevention Code, Latest Edition. 8. State Fire Marshal's Uniform Fire Safety Rules. B. All materials and workmanship shall conftrm to local County or county ordinances. C, If there is a conflict in regulations, codes, or regulations and codes, the more stringent requirements shall govern, PART 2 - PRODUCTS (not used) PART 3 - EXECUTION 3.01 VERIFICA nON AND CONFORMANCE A. Conform to all requirements of all permits. END OF SECTION December, 2004 01410-2 SCWRF WETLANDS REGUlA TORY REQUIREMENTS SECTION 01150 16CB .. PROTECTION OF EXISTING FACILITIES PART 1 - GENERAL 1.01 SECTION INCLUDES Requirements for protection of existing facilities and completed construction 1.02 GENERAL A. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents. B. The Contractor shall verify the exact locations and depths of all utilities shown and the Contractor shall make exploratory excavations of all utilities that may interfere with the Work. All such exploratory excavations shall be performed as soon as practicable after award of Contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's Work. When such exploratory excavations show the utility location as shown to be in error, the Contractor shall so notify the Engineer. C. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade ofthe utility. 1.03 RIGHTS-Of-WAY A. The Contractor shall not do any Work that would affect any oil, gas, sewer or water pipeline, any telephone, telegraph or electric transmission line, any fence or any other structure nor shall the Contractor enter upon the rights-of-way involved until notified by the Engineer that the Owner has secured authority therefor from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin Work. B. When two or more contracts are being executed at one time on the same or adjacent land in such manner that Work on one contract may interfere with that of another, the Owner shall determine the sequence and order of the Work. C. When the territory of one contract is the necessary or convenient means of access for the execution of another contract, such privilege of access or any other reasonable privilege may be granted by the Owner to the Contractor so desiring, to the extent, amount, in the manner, and at the times permitted, D, No such decision as to the method or time of conducting the Work or the use of territory shall be made the basis of any claim for delay or damage. E. The Owner's Right of Access is reserved to the Owner and to the, owners of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property. May. 2004 01150-1 SCWRF WETLANDS PROTECTION OF EXISTING FACILITIES ,..----.-...-....----- 1.04 PROTECTION OF STREET OR ROADWAY MARKERS 16CB 'oIIfJI t The Contractor shall not destroy, remove, or otherwise disturb any existing survey markers or other existing street or roadway markers without proper authorization, No pavement breaking or excavation shall be started until all surveyor other permanent marker points that will be disturbed by the construction operations have been properly referenced for easy and accurate restoration. It shall be the Contractor's responsibility to notifY the Owner of the time and location that Work will be done. Such notification shall be sufficiently in advance of construction so that there will be no delay due to waiting for survey points to be satisfactorily referenced for restoration. 1.05 EXISTING UTILITIES AND IMPROVEMENTS A. Maintaining in Service: All oil and gasoline pipelines, power, and telephone or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, wire or cable. D. The Contractor shall protect all underground utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities and other improvements that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected &om damage due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. C. Where the proper completion of the Work requires the temporary or permanent removal, or relocation of an existing utility or other improvement which is shown, the Contractor shall contact the utility owner and proceed as specified. D, Unrecorded Underground Utilities or Improvements 1. Plans show features of topography and underground utilities, but do not purport to show in complete detail all such lines or obstructions, 2. Existing utilities shown on Drawings are based upon available records, Data regarding existing utilities is presented for Contractor's convenience only, and shall not be used as a basis for claims of extra compensation. 3, Examine available records and make exploratory excavations whenever necessary to determine locations of existing pipes, valves, or other underground improvements. 4. Take prudent precautions not to damage unrecorded underground utilities and improvements, 5. If unrecorded underground utilities or other improvements are encountered, immediately notifY the Engineer and inform the Engineer of the conditions encountered. Include written report of conditions encountered with Progress Schedule covering period in which unrecorded underground utilities or improvements were encountered, If unrecorded underground utilities or improvements conflict with Work, changes shall be made under the terms of the Agreement. Changes to the Work shall be as approved by the Engineer. 6. The Contractor shall contact the affected utility oWl1er and proceed as specified. May,2004 01150-2 SCWRF WETLANDS PROTECTION OF EXISTING FACILITIES 16 ~8 4' 1.06 TREES WITHIN STREET RIGHTS-OF- WAY AND PROJECT LIMITS A. The Contractor shall exercise all necessary precautions so as not to damage or destroy any trees or shrubs, and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the jurisdictional agency or owner. B. All existing trees and shrubs which are damaged during construction shall be repaired or replaced by the Contractor as specified, 1.07 NOTIFICATION BY THE CONTRACTOR Prior to any excavation in the vicinity of any existing underground facilities including all water, sewer, storm drain, gas, petroleum products or other pipelines; all buried electric power, communications or television cables; all traffic signal and street lighting facilities; and all roadway and state highway rights-of-way, the Contractor shall notify the respective authorities representing the owners or agencies responsible for such facilities not less than 3 days nor more than 7 days prior to excavation so that a representative of said owners or agencies can locate their facilities or be present during such work if they so desire, PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION May, 2004 01150-3 SCWRF WETLANDS PROTECTION OF EXISTING FACILITIES ._.,._~-,._---~_.._-,..,-. 16 C8 ..." SECTION 01210 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 WORK INCLUDED A. This section shall include Measurement and Payment for furnishing all materials, labor, tools, equipment, and incidentals for perfonning all operations necessary to complete the Work under this contract. B. The prices stated in the Proposal shall include all costs and expenses for perfonning and completing the Work under this contract. PART 2 PAYMENT ITEMS 2,01 MEASUREMENT AND PAYMENTS A. Bid Item 1 - Landscaping: The lump sum price shall include all irrigation, trees, grading, preparation and planting of upland trees as noted in the Contract Documents, B. Bid Item 2 - All other Work described in the Contract documents: The lump sum price shall include all other Work described in the Contract Documents. C. Bid Item 3 - Allowance: Allowance equal to five (5%) percent ofthe total amount for Bid Items 1 and 2. This Allowance to be available at Collier County's discretion to use for unforeseen conditions and needs. END OF SECTION May, 2004 01210 SCWRF WETLANDS MEASUREMENT AND PAYMENT ~... T' ,""'-'- SECTION 01330 16CB"'. . SUBMITTALS PART 1- GENERAL 1.01 SECTION INCLUDES Requirements and procedures for submittals, 1.02 RELATED SECTIONS A. Section 01600 - Materials and Equipment B. Section 01781 - Project Record Documents 1.03 SCHEDULE A. Transmit submittals in accordance with approved Progress Schedule, and in such sequence to avoid delay in the Work or work of other contracts. B. Do not fabricate products or begin work that requires submittals until return of submittal with Engineer acceptance, 1.04 CONTRACTOR REVIEW A. Review submittals prior to transmittal; determine and verify field measurements, field construction criteria, manufacturer's catalog numbers, and conformance of submittal with requirements of Contract Documents. B. Sign each sheet of shop drawings and product data, and each sample; label to certify compliance with requirements of Contract Documents. Notify Engineer of any deviations from requirements of Contract Documents in writing at time of submittal. 1.05 SUBMITIAL REQUIREMENTS A. Apply Contractor's stamp, signed certifying to review and approval, verification of products, field dimensions and field construction criteria, and coordination of information with requirements of Work and Contract Documents. B, Number each submittal sequentially beginning with 001. Each submittal shall describe only one product or equipment. Re-submittals shall use the same number identifier with a letter suffix; e,g. OOlA. C. Coordinate submittals into logical groupings to facilitate interrelation of the several items: I. Finishes that involve Engineer selection of colors, textures, or patterns. 2. Associated items that require correlation for efficient function or for installation. D. Submit under transmittal letter. Identify Project by title and number. May. 2004 01330-1 SCWRF WETLANDS SUBMITI ALS lArQ ~ , E. If any submittal requires more than three reviews (nonnally an original and two re-submittals), the Engineer may charge the Contractor for additional review time based on his actual incurred time and expenses. These charges shall be summarized for the Contractor and deducted from the Contractor's next pay request. F. The Contractor may expect most submittals to be reviewed within 21 calendar days following receipt of the submittal. Certain submittals such as Owner color selection or instrumentation may require a longer review time. },06 NUMBER OF COPIES A. IOlmum Num er 0 COPIes: u mlt mlOlmum num er 0 cOPIes as 0 ows: Number of Conies Submittal To Enl!ineer Returned to Contractor Schedule of Submittals 5 copies 1 copy Progress Schedules 5 copies I copy Shop Drawings & Product Data 7 copies 3 copies Samples 3 each 1 each Test Reports 3 copies 1 copy Certificates of Compliance 3 copies -- Operation and Maintenance Data Draft 3 copies 2 copies Final 6 copies -- Request for Substitution 2 copies 1 copy Requests for authorization, 2 copies 1 copy requests for infonnation, and other similar requests M' , b f S b . b f fill B. Additional Copies: If additional copies of shop drawings, product data, or shop drawings and product data are required by the Contractor, submit up to two additional copies to Engineer. May, 2004 01330-2 SCWRF WETLANDS SUBMJITALS 16 c8 '1 1.07 SCHEDULE OF SUBMITTALS A. Submit copies of Preliminary Schedule of Submittals prior to the Preconstruction Conference, B. Within 10 days after Preconstruction Conference, submit the revised copies of Schedule of Submittals 1.08 PROGRESS SCHEDULES Submit progress schedules in accordance with Contract documents 1.09 SHOP DRAWINGS A. Present in a clear and thorough manner. Title each drawing with Project name and number. Transmittal letter shall reference item as listed on Submittal Schedule. B. Identify each element of drawings by reference to sheet number and specification section of Contract Documents. C. Identify field dimensions; show relation to adjacent or critical features or Work or products, D, Submit outline of manufacturer's representative services with Shop Drawings. Outline of manufacturer's representative services shall include man-hours or man-days of service to be provided for each of the following: I. Minimum man-hours or man-days of service to be provided for installation inspection, assistance, and certification. 2. Minimum man-hours or man-days of service to be provided for functional testing and start-up. 3. Minimum man-hours or man-days of service to be provided for training Owner's operation and maintenance personnel. 4. Outline of manufacturer's representative services shall identify services and minimum man-hours, or minimum man-days, to be provided by factory representative and by equipment supplier, or distributor, E. Provide a Spare Parts List including both the spare parts recommended by the equipment manufacturer for the first year of service and any spare parts specified in the individual specification sections. 1.10 PRODUCT DATA A. Submit only pages that are pertinent. Mark or highlight each copy of standard printed data to identify pertinent products. Show reference standards, performance characteristics, and capacities; wiring and piping diagrams and controls; component parts; finishes; dimensions; and required clearances. B. Modify manufacturer's standard schematic drawings and diagrams to supplement standard information and to provide information specifically applicable to the Work. Delete information not applicable. May. 2004 01330-3 SCWRF WETLANDS SUBMJTT ALS .-....>--,,-.--".--- ] . ] 1 SAMPLES 16rR"¡ A. Submit full range of manufacturer's standard finishes except when more restrictive requirements are specified, indicating colors, textures, and patterns, for Owner selection, B. Submit samples to illustrate functional characteristics of products, including parts and attachments. C. Approved samples that may be used in the Work are indicated in the Specification section. D. Label each sample with identification required for transmittal letter. E. Provide field samples of finishes at Project, at location acceptable to Engineer, as required by individual Specifications section, Install each sample complete and finished, Acceptable finishes in place may be retained in completed work, F. Accepted samples shall establish the standards by which the completed Work will be judged. 1.12 TEST REPORTS Submit test reports as specified in Section 01430 - Materials Testing 1.13 CERTIFICATES OF COMPLIANCE Submit Manufacturer's Affidavits of Compliance as specified in Section 01600 - Materials and Equipment. 1.14 LUBRICATION TEST Submit results of lubricant testing as specified in Section 0] 600 - Materials and Equipment 1.] 5 SUBSTITUTIONS Submit requests for substitutions as specified in section 01600 - Materials and Equipment 1.16 REQUESTS If there are any questions about interpretations of plans, specifications or Contract Documents, the Contractor may submit a written request for information or a request for clarification to the Engineer. 1,17 RESUBMITT AL A. Make resubmittals under procedures specified for initial submittals; identify changes made since previous submittal. B. Identify resubmittal as a resubmittal and reference previous submittal. C. Identify changes made since previous submittal. 1 ,18 DISTRIBUTION A. Distribute reproductions of shop drawings, copies of product data, samples, substitutions and other submittals which bear Engineer's review stamp, to job site file, Record Documents file, subcontractors, suppliers, and other entities requiring information. May, 2004 01330-4 SCWRF WETLANDS SUBMITTALS B. Instruct recipients to promptly report any inability to comply with provisions, PART 2 - PRODUCTS (not used) PART 3 - EXECUTION (not used) May, 2004 END OF SECTION 01330-5 1 6 C 8 "'1 SCWRF WETLANDS SUB MITT ALS ~ _ _,.~·".._w_·__,_ SECTION 01420 1 6 G 8~' REFERENCE STANDARDS PART 1 - GENERAL 1.01 SECTION INCLUDES Description of reference standards and requirements relative to reference standards. 1.02 QUALITY CONTROL For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. 1.03 REFERENCE PUBLICATIONS A, The date of reference publications shall be the latest in effect at the time of the Bid Opening. B. Reporting and resolving discrepancies relative to reference publications shall be as specified in the General Conditions. C. Document precedence shall be as specified in the General Conditions. 1,04 SCHEDULE OF STANDARDS ORGANlZA TIONS AA Aluminum Association AAMA Architectural Aluminum Manufacturer's Association AAN American Association of Nurserymen, Inc. AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACP A American Concrete Pipe Association AFBMA Anti-Friction Bearing Manufacturer's Association, Inc, AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHDGA American Hot Dip Galvanizers Association AI Asphalt Institute AlA American Institute of Architects AISC American Institute of Steel Construction May. 2004 01420-1 SCWRF WETI..ANDS REFERENCE STANDARDS AISI American Iron and Steel Institute 16rq ->4 1 ,:" '''';;,' , . AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standards Institute AP A American Plywood Association API American Petroleum Institute APHA American Public Health Association APW A American Public Works Association AREA American Railway Engineering Association ASA Acoustical Society of America ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating, and Air-Conditioning Engineers ASLE American Society of Lubricating Engineers ASME American Society of Mechanical Engineers ASMM Architectural Sheet Metal Manual ASTM American Society for Testing and Materials A WP A American Wood-Preservers' Association A WPI American Wood Preservers Institute A WW A American Water Works Association A WS American Welding Society BHMA Builders Hardware Manufacturer's Association CMA Concrete Masonry Association CRSI Concrete Reinforcing Steel Institute DIPRA Ductile Iron Pipe Research Association EIA Electronic Industries Association EJCDC Engineers' Joint Contract Documents Committee May, 2004 01420-2 SCWRF WElLANDS REFERENCE STANDARDS EPA Environmental Protection Agency 16 f?8-'" ETL Electrical Test Laboratories FDEP (DEP) Florida Department of Environmental Protection FDOT Florida Department of Transportation FS Federal Specification General Services Administration Specification and Consumer Information Distribution Section (WFSIS) HI Hydraulic Institute IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society 1M lAC International Masonry Industry All-Weather Council IPCEA Insulated Power Cable Engineers Association ISA Instrument Society of America ISO International Organization for Standardization MBMA Metal Building Manufacturer's Association MTI Marine Testing Institute NAAMM National Association of Architectural Metal Manufacturers NACE National Association of Corrosion Engineers NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers' Association NFPA National Fire Protection Association NRCA National Roofing Contractor's Association OSHA Occupational Safety and Health Administration, Federal Department of Labor PCA Portland Cement Association SBC Standard Building Code SOl Steel Door Institute SJI Steel Joist Institute May, 2004 01420-3 SCWRF WETLANDS REFERENCE STANDARDS 16 r8~ SMACCNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council UL Underwriter's Laboratories, Inc. WEF Water Environment Federation PART 2 - PRODUCTS (not used) PART 3 - EXECUTION (not used) END OF SECTION 01420-4 SCWRF WETLANDS REFERENCE STANDARDS May, 2004 SECTION 01430 1 6 ~ 8 .., MATERIALS TESTING PART I-GENERAL 1,01 SECTION INCLUDES Requirements and procedures for testing laboratory services. 1.02 REFERENCES A, General: as specified in Section 01420 - Reference Standards. B. ANSU ASTM Standards 1. ANSUASTM D3740 Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction 2. ANSUASTM E329 Practice for Inspection and Testing Agencies for Concrete, Steel, Bituminous Materials as Used in Construction 1.03 SELECTION AND PAYMENT A. The County shall employ services of an independent testing laboratory to perform specified inspection and testing. B. Employment of testing laboratory shall in no way relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. 1.04 QUALITY ASSURANCE A. Standards: Comply with requirements of ANSI/ASTM E329 and ANSI/ASTM 03740. B, Laboratory: Authorized to operate in State in which Project is located. C. Laboratory Staff: Maintain a full time Registered Professional Engineer on staff to revIew services, D. Testing Equipment: Calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) Standards or accepted values of natural physical constants. 1.05 LABORATORY RESPONSIBILITIES A. Test samples submitted by Contractor. B. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of servIces, C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of Contract Documents. May, 2004 01430-1 SCWRF WETLANDS MA TERlALS TESTING 16r8 ''''. , E. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or Products, F. Perform additional inspections and tests required by Engineer. G, Attend preconstruction conferences and progress meetings as appropriate. 1.06 LABORATORY REPORTS A. After each inspection and test, the laboratory shall promptly submit three (3) copies of laboratory report to Engineer, Contractor and County. B. Report shall include: 1, Date issued, 2, Project title and number, 3. Name of inspector or technician, 4, Date and time of sampling or inspection, 5. Identification of product and Specifications section, 6. Location in the Project, 7. Type of inspection or test, 8, Date of test, 9. Results of tests, 10. Conformance with Contract Documents. C. When requested by Engineer, provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work, C, Laboratory may not assume any duties of Contractor. D, Laboratory has no authority to stop the Work. 1.09 CONTRACTOR RESPONSffiILITIES A. Deliver to laboratory, at designated location, adequate samples of proposed materials that require testing, along with proposed design data as required, B. Cooperate with laboratory personnel, and provide access to the Work. C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of Products to be tested, to facilitate tests and inspections, storage and curing of test samples, 01430-2 SCWRF WETLANDS MATERIALS TESTING May,2004 16 C8 "1 D. Notify Engineer and laboratory 24 hours pnor to expected time for operations requiring inspection and testing services. 1,10 SCHEDULE OF INSPECTIONS AND TESTS As specified in individual Product Specification sections PART 2 - PRODUCTS (not used) PART 3 - EXECUTION (not used) END OF SECTION 01430-3 SCWRF WETLANDS MATERIALS TESTING May, 2004 SECTION 01450 16CB '1 QUALITY CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES Requirements to ensure that the products and installation meet industry standards, manufacturers requirements and government regulations and ordinances. 1.02 RELATED SECTIONS A. Section 01150 - Protection of Existing Facilities B. Section 014] 0 - Regulatory Requirements C. Section 01430 - Materials Testing D. Section 0154] - Field Engineering E. Section 01600 - Material and Equipment 1.03 GENERAL QUALITY CONTROL A, The Contractor shall maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Public Inspection: The Contractor shall inform the Engineer and local authorities, such as building and plumbing inspectors, Fire Marshall, OSHA inspectors, and others, in order that they may approve all required work and witness all required tests for foundations, piping, plumbing, fire protection systems, pressure vessels, safety systems, electrical systems and other systems requiring regulatory authority inspections to obtain all required permits and certificates. C. Site Inspection: The Contractor shall verifY all dimensions in the field and shall continuously check field conditions during construction. D. Sampling and Testing: The Engineer reserves the right to take samples and make independent tests to verifY that the Work meets the requirements of the specifications. 1.04 RIGHT OF REJECTION A. Engineer shall have the right, at all times and places, to reject any articles or materials to be furnished hereunder which, in any respect, fail to meet the requirements of the Contract Documents, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after installation. If the Engineer or its representative, through an oversight or otherwise, has accepted materials or Work which is defective or which is contrary to the Contract Documents, such materials, no matter in what stage or condition of manufacture, delivery, or erection, may be subsequently rejected. B, The Contractor shall promptly remove rejected articles or materials from the site of the Work after notification of rejection. May, 2004 SCWRF WETLANDS QUALITY CONTROL 01450-1 , " (' 8 ...." PART 2 - PRODUCTS 2.01 MANUFACTURERS' CERTIFICATES Submit manufacturer's certificate that product meets or exceeds specified requirements as specified in Section 01600 - Material and Equipment. 2,02 MATERIALS TESTING The County shall employ the services of an independent, testing laboratory to perfonn inspections, tests, and other services as specified in Section 01430 - Materials Testing. The Contractor's responsibilities are described in Section 01430. PART 3 - EXECUTION 3,01 MANUFACTURERS'INSTRUCTIONS Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. 3.02 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship, B. Comply with all local regulations and ordinances, C. Perfonn work by persons qualified to produce workmanship of specified quality. D. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration and rocking. 3.03 MANUFACTURERS' FIELD SERVICES A. When specified in the individual product section, require manufacturer or manufacturer's representative to provide qualified personnel to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up, testing, adjustment, and balance of equipment as applicable; and to make appropriate recommendations, B. The extent of the manufacturer's field services shall be as specified in the individual product specification sections. END OF SECTION May, 2004 SCWRF WETLANDS QUALJTY CONTROL 01450-2 SECTION 01470 16 C 8 'I COLOR AUDIO-VIDEO PRECONSTRUCTION RECORD PART 1- GENERAL 1.0 I SCOPE Prior to commencing work, the Contractor shall take a continuous color audio-video tape recording of Project site to serve as a record of pre-construction conditions. 1.02 APPROVAL No construction shall begin prior to review and approval of tapes covering construction area by Engineer. The Engineer shall have authority to reject all or any portion of the video tape not confonning to specifications and order that it be done again at no additional charge. The Contractor shall reschedule unacceptable coverage within five days after being notified. The Engineer shall designate those areas, if any, to be omitted from or added to the audio-video coverage. Tape recordings shall not be made more than 60 days prior to construction in any area. All tapes and written records shall become property of the County. Prior to video taping, there will be a meeting between Engineer, Contractor and Electrographer, 1.03 PROFESSIONAL ELECTROGRAPHERS Engage the services of a professional electrographer. The color audio-video tapes shall be prepared by a responsible commercial finn known to be skilled and regularly engaged in the business of preconstruction color audio-video tape documentation. The electrographer shall furnish to Engineer a list of names and addresses of two references that electrographer has performed color audio-video taping for projects of a similar nature. PART 2 - PRODUCTS 2.01 AUDIO-VIDEO TAPES Audio-video tapes shall be new as manufactured by Maxell or equal. Reprocessed tapes will not be acceptable, The tapes shall be high grade, one-half inch high energy, extended still frame, capable of being played on a VHS, color video cassette recorder. 2.02 EQUIPMENT A. Furnish all equipment, accessories, materials and labor to perform this service, The total audio- video system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity and be free from distortion and interruptions. B. The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal to noise ratio of 45 dB and a minimum illumination requirement of25 foot-candles. May, 2004 SCWRF WETLANDS COLOR AUDIO VIDEO PRECONSTRUCTION RECORD 01470-1 PART 3 - EXECUTION 16CB '~ 3.01 SCHEDULING No taping shall be done during precipitation, mist or fog. Recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects 3.02 RECORDED INFORMATION - AUDIO Each tape shall begin with current date, project name and Owner and followed by general location, i.e., viewing side and direction of progress. Audio track shall consist of an original live recording, Recording shall contain the narrative commentary of electrographer, recorded simultaneously with his fixed elevation video record of the zone of influence of construction, 3,03 RECORDED INFORMATION - VIDEO All video recordings must, by electronic means, display continuously and simultaneously generated with the actual taping transparent digital information to include the date and time of recording, and station numbers as shown on the Drawings. Date information shall contain the month, day and year. Time information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include but not be limited to project name, contract number, name of street or structure, direction of travel and view. This transparent information shall appear on the extreme upper left hand third of the screen. 3.04 AREA OF COVERAGE A. Tape coverage shall include all surface features located within the zone of construction supported by appropriate audio coverage. Such coverage shall include special attention to existing vegetation, topography, driveways, sidewalks, curbs, pavements, structures, exposed piping, electrical and control devices, landscaping, culverts, fences, signs and headwalls within the area covered, B. When a conventional wheeled vehicle is used, distance from the camera lens to the ground shall not be less than twelve feet. Rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 22 feet per minute. Panning, zoom-in and zoom-out rates shall be sufficiently controlled to maintain a clear view of the object. Tape coverage may be required in areas not accessible by vehicles. Such coverage shall be obtained by walking or special conveyance approved by the Engineer. END OF SECTION May, 2004 SCWRF WETLANDS COLOR AUDIO VIDEO PRECONSTRUCTION RECORD 01470-2 SECTION 01600 16 C8 .., MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.01 SECTION INCLUDES General requirements for materials and equipment and requirements for procurement, handling, and storage of materials and equipment. 1.02 RELATED SECTIONS A. Section 01330 - Submittals B. Section 01420 - Reference Standards C. Section 01450 - Quality Control 1.03 REFERENCES A. General: as specified in Section 01420 - Reference Standards. B. ANSI Standards ANSI B46.1 Surface Texture C. ASTM Standards 1. ASTM A48 2. ASTM AI08 Specification for Gray Iron Castings Specification for Steel Bars, Carbon, Cold-Finished Standard Quality 1.04 SUBMITTALS A. General: As specified in Section 01330 - Submittals B. Lubricant Test Report: as specified in this Section. C. Substitutions: as specified in this Section. D. Manufacturer Certificate of Completion: The Contractor shall obtain written certification from the equipment manufacturer, stating that the equipment will efficiently and thoroughly perform the required functions in accordance with the Specifications and as indicated on the Drawings. Contractor shall have responsibility for coordination of all equipment, including motors, variable speed drives, controls, and services required for proper installation and operation of the completely assembled and installed equipment. The Contractor shall submit all such certificates to the Engineer with the shop drawings, May, 2004 01600-1 SCWRF WETLANDS MA TERlAL AND EQUIPMENT lhr~ ~!~ 1 , 1.05 INFORMATION REGARDING BUY AMERICAN PROVISION A. The Buy American Provision of Public Law 95-217 (Section 215 of Public Law 92-500 as amended) as implemented by EP A regulations and guidance, generally requires that preference be given to the use of domestic construction material in the performance of this Contract. B. Products manufactured outside of the United States will not be considered acceptable for the Work unless the Manufacturer is currently certified as ISO/9000 compliant. 1.06 QUALITY ASSURANCE A. General: As specified in Section 01450 - Quality Control B, Inspection, Field Adjustment, and Startup: Demonstrate that all equipment meets the specified performance requirement C, Tolerances: Tolerances and clearances shall be shown on the shop drawings, Adhere to approved tolerances and clearances. Machine work shall be of high-grade workmanship and finish, with due consideration to the special nature or function of the parts, Members without milled ends and which are to be framed to other steel parts of the structure may have a variation in the detailed length of not greater than 1/16 of an inch for members 30 feet or less in length, and not greater than 1/8 of an inch for members over 30 feet in length. D, Machine Finish: The type of finish shall be the most suitable for the application and shall be shown in micro-inches in accordance with ANSI B46.1. The following finishes shall be used: 1, Surface roughness not greater than 63 micro-inches shall be required for all surfaces in sliding contact. 2. Surface roughness not greater than 250 micro-inches shall be required for surfaces in contact where a tight joint is not required. 3. Rough finish not greater than 500 micro-inches shall be required for other machined surfaces. 4. Contact surfaces of shafts and stems that pass through stuffing boxes and contact surfaces of bearings shall be finished to not greater than 32 micro-inches. E. Manufacturer's Experience: Unless otherwise directed by the ENGINEER, all equipment furnished shall have a record of at least 5 years of successful, trouble-free operation in similar applications, from the same manufacturer. PART 2 - PRODUCTS 2,01 GENERAL A. Products include material, equipment, and systems. B. Comply with Specifications and referenced standards as minimum requirements. C. All products shall be new and of the very best quality. D. Components that are supplied in quantity within a Specification section shall be the same, and shall be interchangeable. 01600-2 SCWRF WETLANDS MATERIAL AND EQUIPMENT May, 2004 E. All parts of the equipment furnished shall be amply designed and constructed~or Qe c..aum"" stresses occurring during fabrication, erection and continuous operation. 2,02 PRODUCT OPTIONS A. Products specified by reference standards or by descriptions only: Any product meeting these requirements can be submitted for approval. B. Products specified by naming one or more manufacturers with a provIsIOn for substitutions: Submit a request for substitution for any manufacturer not specifically named. C. Products specified by naming one or more manufacturers with no provision for substitutions: No substitutions will be allowed. 2.03 SUBSTITUTIONS A. A request for substitution should be made enough time in advance of procurement to allow time for review by the Engineer. A substitution may not be accepted if it delays the project schedule. B. Document each request for substitution with complete data substantiating compliance of proposed substitution with material or product specifications, C, Request constitutes a representation that Contractor: I. Has investigated proposed product and determined that it meets or exceeds, in al1 respects, specified product. 2, Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes that may be required for Work to be complete in all respects. 4, Waives claims for additional costs that may subsequently become apparent. D. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents, E. Engineer will determine acceptability of proposed substitution, and will notifY Contractor of acceptance or rejection in writing within a reasonable time, 2.04 MANUFACTURERS' CERTIFICATIONS A. Prior to delivery at project site, furnish an Affidavit of Compliance certified by the equipment manufacturer that the equipment and appurtenances furnished comply with all applicable provisions of applicable referenced standards and these Specifications, B. Do not deliver equipment to job site until Affidavit of Compliance has been submitted and accepted by the Engineer, May. 2004 01600-3 SCWRF WETLANDS MATERIAL AND EQUIPMENT 1L 8-,· o r: ., 2.05 NOISE AND VIBRA nON A. When in operation, no single piece of equipment shall exceed the OSHA noise level requirements for a one-hour exposure, B, Equipment that transmits vibration to structures, piping, conduit, or other items connected to the equipment, shall be provided with restrained spring-type vibration isolators or pads per manufacturer's written recommendations. C. Equipment that can be damaged by vibration generated by the equipment or by vibration transmitted through piping or other connecting items, shall be provided with vibration damping per manufacturer's written recommendations. 2,06 WELDING A. Shop Welding: Unless otherwise specified or shown, shop welding shall conform to the following: 1. Applicable Standards of the American Welding Society for the material and type of item being welded. 2. All composite fabricated steel assemblies, which are to be erected or installed inside a hydraulic structure, including any fixed or movable structural components of mechanical equipment, shall have continuous seal welds to prevent entrance of air or moisture, 3. All welding shall be by the metal-arc method or gas-shielded arc method as described in the American Welding Society's "Welding Handbook" as supplemented by other pertinent standards of the A WS. Qualification of welders shall be in accordance with the A WS Standards governing same. 4. In assembly and during welding, the component parts shall be adequately clamped, supported, and restrained to minimize distortion and for control of dimensions. Weld reinforcement shall be as specified by the A WS code. Upon completion of welding, all weld splatter, flux, slag, and burrs left by attachments shall be removed. Welds shall be repaired to produce a workmanlike appearance, with uniform weld contours and dimensions. All sharp corners of material which is to be painted or coated shall be ground to a minimum of l/32-inch on the flat. B, Field Welding: Field welding shall be as specified in individual specification sections. Qualification of welders shall be in accordance with the A WS standards, Prior to commencement of any field welding, the Contractor shall furnish the Engineer a copy of each welder's current certification for the alloy, position and type of welding to be perfonned. 2.07 PROTECTIVE COATINGS FOR EQUIPMENT A. Equipment shall be painted or coated as specified. Coated surfaces shall be protected from abrasion or other damage during handling, testing, storing, assembly, and shipping. B, Gears, bearing surfaces, and other similar surfaces obviously not to be painted shall be given a heavy shop coat of grease or other suitable rust-resistant coating, This coating shall be maintained as necessary to prevent corrosion during periods of storage and erection and shall be satisfactory to the Engineer up to the time of the final acceptance, May. 2004 01600-4 SCWRF WETLANDS MATERIAL AND EQUIPMENT 16CB , C. Shop-painted items which suffered damage to the shop coating shall be touched up as specified. 2.08 GEARS AND GEAR DRIVES A. Unless otherwise specified, gears shall be of the helical or spiral-bevel type, designed and manufactured in accordance with AGMA Standards, with a minimum B-to bearing life of 60,000 hours and a minimum efficiency of 94 percent. Gear reducer service factor shall be based on nominal motor horsepower and shall be: }, 2.0 for drives incorporating flexible connections between the driven shaft and the gear reducer. 2. 2,5 for coupled drives with pinion gears incorporating a torsionally soft coupling between the motor and pinion shaft, 3. 2,75 for integral gearmotors with pinion gears where the pinion is rigidly affixed to the motor shaft. B. For integral gearmotors with pinion gears, pinions shall not be of the shell type. The pinion gear shall be easily removable from the motor shaft in the field. C. Gear speed reducers or increasers shall be of the enclosed type, oil- or grease-lubricated and fully sealed, with a breather to allow air to escape but keep dust and dirt out. Casings shall be of cast iron or heavy-duty steel construction with lifting lugs and an inspection cover for each gear train, D. Each oil lubricated gear speed reducer or increaser shall be provided with an oil level sight glass and an oil flow indicator, arranged for easy reading. Oil level and drain location relative to the mounting arrangement shall be easily accessible. Provide oil coolers, or heat exchangers, with required appurtenances when necessary to maintain the proper oil temperature for the application. E. Input and output shafts shall be designed for the service and load requirements of the equipment of which gear drives are a part. Gears shall be computer-matched for minimum tolerance variation. Each output shaft shall have seals that prevent lubricant leakage. Each oil lubricated gear dive output shaft shall have two positive seals, F. Where gear drive input or output shafts connect to couplings or sprockets not supplied by the gear drive manufacturer, the gear drive manufacturer shall supply matching key taped to the shaft for shipment, G. Ship gears and gear drives fully assembled for field installation. 2.09 DRIVE CHAINS A. General }, Power drive chains shall be commercial type roller chains and meet ANSI Standards. 2. Provide chain take-up or tightener that provides easy adjustment of chain tension. 3. Provide a minimum of one connecting or coupler link with each length of roller chain. 4. Chain and attachments shall be of the manufacturer's best standard material and suitable for the process fluid, May, 2004 01600-5 SCWRF WETLANDS MATERIAL AND EQUIPMENT 16 8 ,.,', t " r: ':, B. Sprockets I. Sprockets shall be used in conjunction with all chain drives and chain-type material handling equipment. 2. Unless otherwise specified, sprockets material shall be as follows: a. Sprockets with 25 teeth or less, normally used as a driver, shall be made of medium carbon steel in the 0.40 to 0.45 percent carbon range. b, Type A and B sprockets with 26 teeth or more, nonnally used as driven sprockets, shall be made of minimum 0.20 percent carbon steel. c. Large diameter sprockets with Type C hub shall be made of cast iron confonning to ASTM A 48, Class 30, 3, Sprockets shall be accurately machined to ANSI Standards. Sprockets shall have deep hardness penetration in tooth sections. 4. Finish bored sprockets shall be furnished complete with key seat and setscrews. 5. Sprockets shall be of the split type or shall be furnished with taper-lock bushings as required. 6, Idler sprockets shall be furnished with brass or Babbitt bushings, complete with oil hole and axial or circumferential grooving. Steel collars with setscrews may be provided in both sides of the hub. 2.10 V-BELT DRIVES A. V -belts and sheaves shall be highest industrial grade and shall conform to ANSI and MPT A Standards. B. Unless otherwise specified, sheaves shall be machined from gray cast iron, C, Sheaves shall be statically balanced. In some applications where vibration is a potential problem, sheaves shall be dynamically balanced. Sheaves operating at belt speeds exceeding 6,500 feet per minute may be required to be of special materials and construction, D. Sheaves shall be furnished complete with taper-lock or QD bushings. E. Finish bored sheaves shall be furnished complete with key seat and setscrews. 2.11 DRIVE GUARDS A. Power transmission, prime movers, machines, and moving machine parts shall be guarded to conform to the OSHA Safety and Health Standards (29CFR 191 0). B, Where required for lubrication or maintenance, guards shall have hinged access doors. 2.12 BEARINGS A. Bearings shall conform to the standards of the Anti-Friction Bearing Manufacturers Association, Inc. (AFBMA). May, 2004 01600-6 SCWRF WETLANDS MATERIAL AND EQUIPMENT B. F'tt' . . I b" I· .. . 1 6 (' 8 ... 'J,., I 109 practIce, mountmg, u TlCatlon, sea mg, statIc ratmg, housmg strength, and ~her factor, shall be considered in bearing selection. C. Grease-lubricated type bearings shall be equipped with a hydraulic grease fitting in an accessible location and shall have sufficient grease capacity in the bearing chamber. D. Install stainless steel tubing and supports as necessary to extend grease fittings so that greasing can be done from platforms and walkways used by the Owner in routine operations. E, Permanently lubricated bearings shall be factory-lubricated with the manufacturer's recommended lubricant. F, Except where otherwise specified or shown, bearings shall have a minimum B-I0 life expectancy of 60,000 hours. G. Bearing housings shall be of cast iron or steel and bearing mounting arrangement shall be as specified or shown, or as recommended in the published standards of the manufacturer. Split-type housings may be used to facilitate installation, inspection, and disassembly, H. Sleeve-type bearings shall have a Babbitt or bronze liner. 2.13 SHAFTING A. Shafting shall be continuous between bearings and shall be sized to transmit the power required. Keyways shall be accurately cut in line. Shafting shall not be turned down at the ends to accommodate bearings or sprockets whose bore is less than the diameter of the shaft, Shafts shall rotate in the end bearings and shall be turned and polished, straight, and true. B. Shafting materials shall be appropriate for the type of service and torque transmitted. Environmental elements such as corrosive gases, moisture, and fluids shall be taken into consideration, Materials shall be as shown or specified unless furnished as part of an equipment assembly, 1. Low carbon cold-rolled steel shafting shall conform to ASTM A lOS, Grade 101 S, 2. Medium carbon cold-rolled shafting shall conform to ASTM AIOS, Grade 1045, 3. Corrosion-resistant shafting shall be stainless steel or monel, whichever is most suitable for the intended service. C, Where differential settlement between the driver and the driven equipment may be expected, a shaft of sufficient length with two sets of universal type couplings shall be provided. D, All shafting shall be dynamicaJIy balanced in accordance with the recommendations of the shafting manufacturer. E, The Contractor shall furnish and install a heavy-duty shaft guard for all drive shafting which is less than seven feet above floor or platform levell accordance with the provisions of Paragraph 1910,2 I 0 of OSHA Rules and regulations. Provision shall be made in the guard as necessary for lubrication and inspection access of the joints and bearings without the necessity of removing the entire guard assembly. May. 2004 01600-7 SCWRF WETLANDS MA TERlAL AND EQUIPMENT 1 ~ r 8 ~,~ 2.14 COUPLINGS A. Flexible couplings shall be provided between the drivers and driven equipment. Flexible couplings shall accommodate angular misalignment, parallel misalignment, end float. Flexible couplings shall cushion shock loads. B, Equipment manufacturer shall select or recommend the size and type of coupling required to suit each specific application. C. Where required for vertical shafts, 3-piece spacer couplings shall be installed. D. Taperlock bushings may be used to provide for easy installation and removal on shafts of various diameters. E. Where universal type couplings are shown, they shall be of the needle bearing type construction, equipped with commercial type grease fittings. 2.15 EQUIPMENT FOUNDATIONS A. Provide equipment foundations in accordance with equipment manufacturers' written instructions, B. Mount mechanical equipment, tanks, and floor mounted control cabinets on minimum 4" high concrete bases, as shown on standard details, unless otherwise shown or specified, C. Submit foundation drawings for review. 2.16 SHOP FABRICATION Perform shop fabrication in accordance with the final reviewed and processed shop drawings, 2,17 NAMEPLATES A. Equipment nameplates shall be stainless steel. Nameplates shall be engraved or stamped. Fasten nameplates to equipment in an accessible location with No, 4 or larger oval head stainless steel screws or drive pins, B. Nameplates shall contain the manufacturer's name, model, serial number, size, characteristics, and appropriate data describing the machine performance ratings. PART 3 - EXECUTION 3.01 DELIVERY, STORAGE, AND HANDLING A. Contractor shall be responsible for the delivery, storage, and handling of products. B. Equipment shall be boxed, crated, or otherwise protected from damage and moisture during shipment, handling, and storage. Equipment shall be protected from exposure to corrosive fumes and shall be kept thoroughly dry, C. Each item of equipment shipped shall have a legible identifying mark corresponding to the equipment number shown or specified for the particular item. May, 2004 01600-8 SCWRF WETLANDS MATERIAL AND EQUIPMENT 1 6 C 8 ..... D. Transport products by methods that prevent product damage. Deliver products dry and in undamaged condition in manufacturer's unopened containers or packaging. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. E. Load and unload equipment and appurtenances by hoists or skidding and in accordance with the manufacturer's recommendations. Do not drop products. Do not skid or roll products on or against other products. Pad slings and hooks in a manner that prevents damage to products, F. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. Store products that will be deteriorated by sunlight in a cool location out of direct sunlight. Rubber products shall not come in contact with petroleum products. G. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering and as recommended by manufacturer; provide ventilation that avoids condensation. H, Deliver pipe, fittings, valves, and accessories in a clean and undamaged condition. Store pipe, fittings, valves, and accessories off the ground and in accordance with manufacturer's instructions. Do not stack ductile iron pipe higher than the limits shown in ANSI/A WW A C600, Stacking of pipe shall meet the requirements of the pipe manufacturer. Do not stack fittings, valves, valve boxes, or valve stands. I. Keep stored products safe from damage or deterioration. Keep the interior of pipe, fittings, valves, and appurtenances free from dirt or foreign matter. Drain and store valves in a manner that will protect valves from damage. Store gaskets, plastic pipe and fittings, and other products that will be deteriorated by sunlight in a cool location out of direct sunlight. J. Equipment having moving parts such as gears, bearings, and electric motors; instruments; control panels; motor control centers; and switchgear shall be stored in a temperature and humidity controlled area until equipment is installed and penn anent HV AC systems are in operation. K. Stored electric motors and actuators with space heaters shall have the space heaters energized. When electric motors and actuators with space heaters are installed, the space heaters shall be connected and energized. Space heaters shall remain energized until equipment is accepted and placed in service, L. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions, M. Promptly remove damaged products from the job site. Replace damaged products with undamaged products at no expense to Owner. 3.02 MANUFACTURERS' REPRESENT A TIYES A. Provide the services of experienced, competent, and authorized service representative of the manufacturer of the items of equipment when specified in the individual Product Section. B, Manufacturers' representatives shall visit the site of Work, and shall perform the following tasks: 1, Assist Contractor in installation of equipment. 2, Inspect, check, adjust equipment, and approve equipment installation, May, 2004 0] 600-9 SCWRF ENTRANCE ROAD MATERIAL AND EQUIPMENT 3. 16ca-¡ Start-up and field-test equipment for proper operation, efficiency, and capacity. PerfOm1 necessary field adjustments during the test period until equipment installation and operation are satisfactory to the Engineer. 4. Instruct Owner's personnel in operation and maintenance of equipment as specified in this Section, C. The times specified in the individual product sections for the Manufacturer's Representative to provide services are exclusive of travel time to and from the facility. The times specified shall not be construed as to relieve the manufacturer of any additional visits to provide sufficient service to place the equipment in satisfactory operation. 3.03 INSTALLATION A. Install equipment in accordance with acceptable procedures submitted with the shop drawings and as indicated on the Drawings, unless otherwise accepted by the Engineer. B. Measure drive shafts just prior to assembly to ensure correct alignment without forcing, C. Support pipe, fittings, valves, conduit, and other items connected to equipment so that there are no excess stresses and loads on equipment. D. Equipment shall be secure in position and neat in appearance. 3.04 LUBRICANTS A. Furnish and install lubricants required for initial operation. B. Maintain lubricants at proper levels until equipment is accepted. C. Change lubricants in each piece of equipment following equipment initial run-in, The manufacturer shall test removed lubricants for metal particles and lubricant breakdown. Submit lubricant test report to the Engineer. If the equipment manufacturer requires the first lubricant change prior to Final Completion, the Contractor shall remove lubricant and furnish and install the necessary lubricants. END OF SECTION 01600-10 SCWRF ENTRANCE ROAD MA TERlAL AND EQUIPMENT May, 2004 SECTION 01740 16GB -l/ CONSTRUCTION CLEANING PART 1 - GENERAL 1.0] SECTION INCLUDES Requirements for cleaning project site and disposal of waste materials, debris, and rubbish during construction, 1.03 SITE AND FACILITIES CLEANING A. Site Not Occupied by Owner: The Contractor shall be fully responsible for cleaning until site is partially or fully occupied by Owner. B. Facilities Partially Occupied by Owner: Cleaning of partially occupied sites shaH be responsibility of the Contractor. ]. Contractor shall clean the foHowing: a. Contractors and subcontractors' staging areas and storage areas. b. Field offices and sheds. c. New facilities under construction, d. Existing facilities being renovated, 2. Owner shall be responsible for cleaning the foHowing: a, Facilities occupied solely by Owner. b. Site areas solely occupied by Owner. PART 2 - PRODUCTS 2.01 EQUIPMENT Provide covered containers for deposit of waste materials, debris, and rubbish. PART 3 - EXECUTION 3.01 CLEANING - GENERAL A. Maintain areas under Contractor's control free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition, B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to closing the space. C. Periodically clean interior areas to provide suitable conditions for work. May. 2004 01740-1 SCWRF WETLANDS CONSTRUCTION CLEANING 1 L 8 ..."'~ o~ D. Broom clean interior areas prior to start of surface finishing, and continue cleaning on an as- needed basis, E. Control cleaning operations so that dust and other particulates will not adhere to wet or newly coated surfaces. 3.02 CLEANING OF NEW WORK A. The Contractor shall be fully responsible for cleaning related to new Work including, but not necessarily limited to, the following: I. Cleaning of cured, or partially cured, concrete surfaces prior to placement of additional concrete. 2. Cleaning of joint surfaces prior to making joints. 3. Cleaning of surfaces prior to application of finish, 4. Cleaning of equipment and enclosures prior to Substantial Completion. 5. Cleaning of new buildings and renovated buildings prior to Substantial Completion. B. Cleaning relative to new Work shall be as specified in individual specifications sections, 3.03 DISPOSAL A. Remove waste materials, debris, and rubbish from site periodically. B. Remove temporary materials, equipment, services, and construction prior to Substantial Completion inspection. 3.04 REPAIRANDRESTORATION A. Clean and repair damage caused by installation or use of temporary facilities, B. Restore existing facilities used during construction to condition prior to construction. END OF SECTION 01740-2 SCWRF WETLANDS CONSTRUCTION CLEANING May,2004 SECTION 01770 16CB " CONTRACT CLOSEOUT PART I-GENERAL 1.01 SECTION INCLUDES Requirements for contract closeout. 1.02 RELATED SECTIONS A. Section 01740 - Construction Cleaning B, Section 01781 - Project Record Documents 1.03 CLOSEOUT PROCEDURES A. Comply with procedures stated in General Conditions of the Contract for issuance of Certificate of Substantial Completion. B, When Contractor considers work has reached final completion, submit written certification that Contract Documents have been reviewed, work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. C. In addition to submittals required by the conditions of the Contract, provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due. D. Engineer will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. 1.04 PROJECT RECORD DOCUMENTS A. Project Record Documents shall be as specified in Section 01781 - Project Record Documents. B, Prior to Contract closeout, submit Record Documents to Engineer with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor. Certification of the Record Drawings by a licensed surveyor is required, 1.05 WARRANTIES AND BONDS Contractor shall ensure that all warranties and bonds have been received and submitted to Owner as specified. 1.06 SPARE PARTS Contractor shall ensure that all spare parts have been provided as specified in individual Product Sections. Spare parts shall be packaged and labeled as specified in Section 01600 - Material and Equipment. May, 2004 01770-1 SCWRF WETLANDS CONTRACT CLOSEOUT 1,,' l, , 8 ......' '" . r ~ PART 2 - PRODUCTS (not used) l I, PART 3 - EXECUTION j."'~ FINAL CLEANING l' ¡ A. Execute prior to final inspection. B. Clean site, sweep paved areas, and rake clean other surfaces, C. Remove waste, surplus materials, rubbish and temporary construction facilities from the site. END OF SECTION ',~ 01770-2 SCWRF WETLANDS CONTRACT CLOSEOUT May, 2004 SECTION 01781 16CB ." .' PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES Requirements for preparation, maintenance and submittal of project record documents. The Contractor's attention is specifically directed to Part 3.02.B of this Section, 1.02 RELATED SECTIONS A. Section 01330 - Submittals B. Section 01770 - Contract Closeout },03 SUBMITI ALS A. General: as specified in Section 1330 - Submittals B. At Contract close out, deliver one copy of record documents to Engineer as specified in Section 01770 - Contract Closeout. 1.04 REQUIREMENTS Contractor shall maintain at the site for the Owner one record copy of: A. Drawings B. Specifications C. Addenda D. Change orders and other modifications to the Contract E. Engineer's field orders or written instructions Approved shop drawings, working drawings and samples G. Field test records H. I. F. Construction photographs Detailed Progress Schedule PART 2 - PRODUCTS (not used) May, 2004 01781-1 SCWRF WETLANDS PROJECT RECORD DOCUMENTS 16('\8 ' '-., ... PART 3 - EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Project record documents shall be stored in Contractor's field office or other location approved by the OWNER apart from documents used for construction B. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents and samples available at all times for inspection by the Engineer and/or Owner. 3.02 RECORDING A. General 1. Label each document "PROJECT RECORD" in neat, large printed letters, 2. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. 3. Record information in red ink, B. Record Drawings 1. The Record Drawings require certification of all as-built information, including above and below ground improvements, topographic survey, underground piping, valves and ductbanks, by a Florida Registered Land Surveyor, 2. Drawings shall indicate all deviations from Contract Drawings including: a) Field changes of dimension and detail b) Changes made by Change Order c) Details, utilities, piping or structures not on original Contract Drawings. d) Equipment and piping relocations. C. Specifications and Addenda Legibly mark each Section to record: 1, Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2, Changes made by Field Order or Change Order. D. Shop Drawings I. Keep one copy of the final, approved shop drawing with the Record Documents. Do not keep previously rejected submittals unless they are necessary to complete the submittal. May, 2004 01781-2 SCWRF WETLANDS PROJECT RECORD DOCUMENTS May. 2004 16ca-, 2. Record documents should include all shop drawing information submitted. Additional - information submitted during the Engineer's review process should be filed with the appropriate submittal. END OF SECTION 01781-3 SCWRF WETLANDS PROJECT RECORD DOCUMENTS SECTION 02230 1 6 C 8 --., CLEARING, GRUBBING AND STRIPPING PART 1 - GENERAL 1,01 SECTION INCLUDES Clearing, grubbing, stripping and related work necessary to complete Work as shown on the Drawings and specified in this Section. 1.02 DEFINITIONS A. Clearing: Cutting, removal, and proper disposal of trees, stumps, brush, shrubs, rubbish, and other material as required to construct improvements as shown and specified. B, Grubbing: Removal and disposal of stumps larger than 1/2" in diameter and other similar items to a depth of not less than 12" below finish grade. C. Stripping: Removal and disposal of sod, topsoil, grass, roots and other material. 1.03 RELATED SECTIONS Section 01150 - Protection of Existing Facilities PART 2 - PRODUCTS (not used) PART 3 - EXECUTION 3.01 CLEARING ,GRUBBING AND STRIPPING A. Clear, grub and strip areas to be occupied by new constructed facilities, including areas to be excavated, filled or paved as shown on the Drawings. B. Clear and grub water management areas as required to complete project. Clear and grub wetland restoration areas as required to complete project. Do not clear or grub more than required to complete project. C. Designated trees on the project site shall be removed and relocated by the Owner, 3,02 PROTECTION OF EXISTING AND ADJACENT AREAS Protect areas shown on the Drawings, or designated by the Engineer, ftorn damage by construction operations as specified in Section 01150 - Protection of Existing Facilities. May, 2004 02230- ] SCWRF WETLANDS CLEARING, GRUBBING AND STRIPPING l' "8 .., 3.03 DISPOSAL A. Remove roots, vegetation, and other debris from the site. Dispose of roots, vegetation, and other debris removed from the site. B. Stockpile topsoil for later use as required for final grading and grassing. C. Do not burn any material on the site or other areas where burning is not permitted. END OF SECTION 02230-2 SCWRF WETLANDS CLEARING, GRUBBING AND STRIPPING May, 2004 SECTION 02240 1 6 C 8-' DEWATERING PART 1- GENERAL 1,01 SECTION INCLUDES Requirements for dewatering excavations and trenches. 1,02 DESCRIPTION OF ACTIVITIES INCLUDED A. Obtain permits required by regulatory authorities having jurisdiction and required by the Owner for installation, operation, and removal of dewatering systems. B. Furnish and install dewatering systems including well points, wells, pumps, plpmg, chemical grouting, water tight sheeting, ground freezing, tremie wall, or any other technology as may be necessary to accomplish dewatering in a safe and proper manner. C. Provide labor, equipment, and services required to operate dewatering systems, D. Remove dewatering systems. E. Plug and seal dewatering wells, 1.03 SUBMITTALS A. General: As specified in Section 01410 - Regulatory Requirements B. Contractor shall prepare and submit dewatering plan for each dewatering system. Dewatering plan shall be submitted prior to installation and shall include the following: 1. Groundwater data and assumptions relating to groundwater conditions. 2. Description of proposed dewatering system with drawings, diagrams, and system component data as applicable. 3. Proposed measures to insure dewatering system reliability. 4. Description of discharge water disposal methods, 5. Identification and location of private water supply wells, public water supply wells, lakes, and ponds that may be affected by dewatering. 6. Anticipated affect upon private water supply wells, public water supply wells, lakes, and ponds that may be impacted by dewatering. Proposed measures to ameliorate effects of dewatering upon private water supply wells, public water supply wells, lakes, and ponds, 7. Other data pertinent to the dewatering system. C. Dewatering Permit: Submit copy of dewatering permit prior to installing dewatering system, or systems. 1.04 JOB SITE CONDITIONS A. Noise Limitations. May, 2004 02240-1 SCWRF WETLANDS DEWATERING I. 2, Noise levels at the property line of the projeet shan not exceed local no!e 8inÇcª . Provide mufflers on engines and sound attenuating enclosures as required to meet the noise restrictions. 3. Modify dewatering system, or systems, as required to comply with ordinances regulating noise. B. Damage Prevention 1. Dewatering systems shall be constructed to avoid existing or new structures and improvements of existing structures. Repair or replace structures damaged by settlement caused by dewatering. 2. Discharge from dewatering systems shall not cause erosion of turf or soil. Replace turf or soil damaged by dewatering discharge. Replace soil displaced by dewatering discharge. 3. Discharge from dewatering systems shall not damage landscaping. Replace landscaping damaged by dewatering discharge. 4. Modify dewatering system, or systems, as required to eliminate conditions that cause damage. C. Access I. Dewatering systems and dewatering system operations shall not prevent emergency access or prevent persons living in the vicinity of construction from completing their normal daily pursuits. 2, Provide temporary access over dewatering system piping for vehicular and pedestrian traffic. D. Water Supply: Dewatering shall not impact private water supply wells or public water supply wells. E. Lake and Pond Level: Dewatering shall not impact lake levels and pond levels. PART 2 - PRODUCTS 2,01 DEWATERING SYSTEM Contractor shall be responsible for the sIZIng and selection of dewatering system, dewatering equipment, dewatering system piping, and appurtenances. PART 3 - EXECUTION 3,01 GROUNDWATER Contractor shall be responsible for evaluating and determining groundwater conditions. 3.02 DEWATERING SYSTEMS A. Provide, operate, and maintain dewatering systems including well points, wells, chemical grouting, water tight sheeting, ground freezing, tremie wall, or any other technology as may be necessary to accomplish dewatering in a safe and proper manner. 02240-2 SCWRF WETLANDS DEWATERING May. 2004 B. Provide dewatering systems that control groundwater level in conformance with t! re€J:,ea ..." of this Section. Provide dewatering systems that lower groundwater to level shown, specified, or shown and specified in advance of excavation. Provide dewatering systems that continuously maintain groundwater level at, or below, level shown, specified, or shown and specified until backfilling and compaction have been completed to level shown, specified, or shown and specified, C. Provide automatic starting devices, standby pumps, and other equipment and controls required to provide continuous dewatering in the event of an outage of dewatering pump or other dewatering system component. D, Provide headers, suction piping, and discharge piping as required to convey water from well points, dewatering wells, and caissons to dewatering system discharge point designated in permit and accepted dewatering plan. E. Modify dewatering system during the course of construction as conditions that affect dewatering change, 3.03 DEW A TERING OPEN EXCA V A nONS AND TRENCHES A. Lower groundwater to level shown, specified, or shown and specified in advance of excavation, Provide monitoring wells or other means to measure groundwater level prior to starting excavation. B, Dewater excavations and trenches from outside the limits of excavations and trenches. Dewater excavations and trenches from below the bottom of excavations and trenches. C. Dewater excavations for cast-in-place structures to a minimum level of three feet below structural grade. 1. Maintain water level a minimum of three feet below structural grade until backfilling is complete, 2. Maintain dewatering system in operation as required to prevent structures from being displaced by hydrostatic pressure until final acceptance of the Work. D. Dewater trenches to a minimum level of 12 inches below excavated trench bottom. Maintain water level a minimum of 12 inches below excavated trench bottom until backfill meets the following requirements: 1. Backfilling and compaction have progressed as to a depth that installed piping will not be displaced by hydrostatic pressure. 2. Backfilling and compaction have been completed above natural water table to a level that remaining backfill can be placed and compacted as specified in Section 022315, Site Earthwork, E. Dewatering measures shall provide the following: 1. Prevent instability of excavations and trenches due to groundwater. 2. Prevent the disturbance of subgrade bearing materials due to groundwater, 3, Keep excavations and trenches free from standing water and running water. 4. Prevent tanks, pipes, and other structures from being displaced by hydrostatic pressures. May) 8,2004 SCWRF WETLANDS 02240-3 DEWATERING F. Do oot install or operate dewatering systems that allow movement O~Oi~.r;gh~xc:at! or excavation subgrade. Do not install or operate dewatering systems that allow movement of soil through trench or trench subgrade, G. Do not install or operate dewatering systems that allow movement of soil from beneath existing or previously installed structures or pipes. 3,04 SURFACE WATER CONTROL A. Do not allow surface runoff to flow into excavations and trenches. 1. Grade top perimeter of excavation to prevent surface water run-off to flow into excavation. 2. Grade sides and ends of trench to prevent surface water run-off to flow into trench. B, Do not allow storm water to puddle or pond on construction site except in designated storm water retention areas. Grade construction areas so that storm water drains to storm water system, C. Do not allow storm water to flow off construction site except through permitted discharge structures and through permitted storm water pipes, conduits, and channels. D. Do not allow storm water to flow into or through stored fill and backfill materials. 3,05 DEW A TERING DISCHARGE CONTROL A. Discharge water from dewatering system to storm drain systems in accordance with dewatering permit and as specified in this Section. Provide silting basins and other discharge treatment systems in accordance with dewatering permit and to meet discharge permit requirements. B. Do not allow discharge from dewatering system to puddle or pond on construction site except in areas designated and approved to receive discharge from dewatering system. C. Do not allow discharge from dewatering system to flow off construction site except through permitted discharge structures and through pipes, conduits, and channels that have been designated and approved for discharge flow from dewatering systems. D. Do not use sanitary sewers for disposal of water from water control systems. Do not use sanitary sewer system under construction as conduit to remove ground water from trench. E. Do not discharge water containing settleable solids into storm sewers. F, Do not contaminate or disturb the environment of properties adjacent to the Work. G. Do not contaminate streams or other surface waters. H, Provide temporary facilities and controls for dewatering system discharge. Temporary facilities and controls shall be appropriate to the project, including, but not limited to: 1. Silting basin, or basins, of adequate size. 2. Filters. 3. Coagulants, 4. Screens. May 17. 2004 02240-4 SCWRF WETLANDS DEWATERING I. Discharge onto pavement shall not damage pavement. 16 C8 "J 3.06 DEW A TERING SYSTEM REMOVAL AND CLEANUP A, Completely remove dewatering systems installed for construction, B. Plug and seal dewatering wells after dewatering operations are concluded. Plug and sea] dewatering wells in accordance with permit requirements. C. Remove and dispose of solids, including sand, mud, and other material, discharged from dewatering systems. END OF SECTION May 17.2004 02240-5 SCWRF WETLANDS DEWATERING SECTION 02315 16CB ., SITE EARTHWORK PART 1 - GENERAL 1,01 SECTION INCLUDES Requirements for construction of embankments and roadways shown on the Drawings, grading of site to elevations, lines, slopes, depths and cross-sections as shown on the Drawings, and placing, compaction, and testing of fill as specified in this Section. 1.02 RELATED SECTIONS A, Section 01150 - Protection of Existing Facilities B. Section 01430 - Materials Testing C. Section 02230 - Clearing, Grubbing and Stripping 0, Section 02240 - Dewatering 1.03 REFERENCES A. ANSI/ ASTM Standards 1. ANSI/ASTM 0698 (AASHTO T-99) Moisture-Density Relations of Soils and Soil Aggregate Mixture Using 5.5 Ib, (2.49 kg) Rammer and 12 inch (305mm) Drop 2. ANSI/ASTM 01557 (AASHTO T-180) Moisture-Density Relations of Soils and Soil Aggregate Mixture Using 1 ° Ib, (4.54 kg) Rammer and 18 inch (457 mm) Drop B. ASTM Standards ASTM 02922 Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Method (Shallow Depth) C. Occupational Safety and Health Administration Excavation Safety Standards, 29 CFR. I 926,650, Subpart P. 1.04 ROCK Rock excavation may be encountered and shall not be considered as classified. No additional Contract Time or Cost will be allowed for rock excavation. May, 2004 02315-1 SCWRF WETLANDS SITE EARTHWORK 16C8 1 1 .:; PART 2 - PRODUCTS 2,01 MATERlALS A. Suitable Fill Material: Non-cohesive, non-plastic, granular mixture of local sand and limerock, free from vegetation, organic material or muck. Suitable fill material shall contain not more than 8% material by weight passing No. 200 sieve, nor rock larger than two inches (2"), Suitable fill material containing limerock shall have sufficient sand to fill voids in limerock. B. Unsuitable Fill Material: Topsoil from ground surface to a depth of six inches or as determined by Engineer; material classified as A-8 in accordance with AASHTO Designation Ml45 or material considered highly organic soil (peat or muck) as determined by Engineer. PART 3 - EXECUTION 3.01 INSPECTION A. Verify site conditions and note irregularities affecting work of this Section. B. Beginning work of this Section means acceptance of existing conditions. 3.02 EXCAVATION A. General 1. Locate underground structures and utilities in areas of work to avoid conflicts with existing facilities. po not operate excavation equipment within five (5) feet of existing structures or newly completed structures, Excavate with hand tools in these areas. Where conflicts are unavoidable, perform work so that interference with service rendered or facility disturbed is minimized, 2. Strip existing surfaces to be excavated to a depth of twelve inches, unless otherwise directed by Engineer, to remove trees, grass, roots, mud, and highly organic soils and other vegetation. Stripped material is considered unsuitable for general fill purposes. Use suitable stripped material only as topsoil. 3. Dewater excavations if necessary, as specified in Section 02240 - Dewatering. 4. Use suitable materials removed from excavation areas as far as practicable in the formation of embankments. Stockpile topsoil and other suitable materials in areas as directed by Engineer. 5. Remove unsuitable material and excess excavated suitable material from the Project. Dispose of unsuitable material and excess excavated suitable material off the Project. B. Protection 1. Before commencing Work under this Section, protect existing structures and utilities in accordance with Section 01150 - Protection of Existing Facilities. 2, Protect excavations by shoring, bracing, sheet piling, underpinning or other methods required to prevent cave-in or loose soil form falling into the excavation. Excavations slopes, shoring, bracing, sheet piling, underpinning or other methods shall conform with the Florida Trench Safety Act and 29 CFR 1926.50, Subpart P. If sheeting is used, sheeting may be removed May, 2004 SCWRF WETLANDS 02315-2 SITE EARTIIWORK " 16 provided removal can be accomplished without disturbing bedding. pipe or al~ªt. J Should Engineer detennine that removal of sheeting will damage pipe, the sheeting shall be left in place at no additional cost to the Owner. If left in place, cut sheeting off two feet (2') above top of pipe and leave sheeting in place below cut. Any damage to pipe bedding, pipe, or alignment caused by removal of sheeting shall be cause for rejection of the affected portion of the Work. 3. If sheeting is used, Contractor submit calculations and drawings prepared and sealed by a Florida P,E. to the Engineer for approval prior to commencement of sheeting operations. All sheeting shall be designed to accommodate ground water loading based on the normal groundwater table and without consideration of dewatering activities. 4. Provide barricades, warning signs, and lights as required by law or regulation, 5. Underpin adjacent structures and utilities, including utility services, which may be damaged by excavation work. 6. Notify Engineer of unexpected subsurface conditions and discontinue work in affected area until notified by Engineer to resume work. Take emergency measures as required to protect persons and improvements. C. REP AIR 1. Repair damage caused to existing structures and utilities. 2, Repair facilities or structures damaged during prosecution of Work immediately, 3.03 ROCK EXCA V A nON A, Use non-explosive methods for rock removal. B. Maximum dimension of rock removed shall not exceed three feet. C. Remove rock from site, 3.04 FILL A. Provide fill material from excess on-site excavated suitable fill or from off-site sources. I. If there is not sufficient on-site excavated suitable fill required to complete Work, provide suitable fill from off site, 2. Borrow areas or other sources of off-site material shaH be accessible to examination by the Engineer prior to, and during, use of off-site material. B. Use only suitable fill material in fonnation of embankments. C. Place fill material in lifts not to exceed eight inches. Compact fill material in general areas to density not less than 95% of maximum dry density as determined by ASTM 0698 (AASHTO T- 180). Compact fill under paved areas and structures to density not less than 98% of maximum dry density per ASTM 0698, During compaction of fill material, moisture content of fill material shall be within plus or minus 2% of optimum moisture content. If necessary, add water or allow material to dry until the proper moisture content for the specified compaction is obtained. Allow testing of each compacted fill layer, in place, prior to placement of succeeding fill layers. May, 2004 02315-3 SCWRF WETLANDS SITE EARTHWORK ,-....-.".,--- 16 C8"'~ D. Perform filling work in accordance with Section 120 of FDOT Standard Specifications, in locations shown on the Drawings. 3.05 TESTING A. Utilize a laboratory as specified in Section 01430 - Materials Testing. B. Perform one Proctor Test according to ASTM D698 or ASTM D1557 for each source of fill, as determined by Engineer, used on the Project. C, Test the density of each compacted fill layer in place by field density test ASTM D2922. 1, Perfonn at least one test per layer for each 100 lineal feet of roadway. 2. Perform at least one test for each 1,000 square feet of site fill, building or structure, or fraction thereof. D. Perform additional field tests for each test that does not meet the required density. E, Excavate and recompact areas that do not meet the requirements of this specification. 3,06 FINE GRADING A. Fine grade disturbed areas of site after structures, bases, and pavements are completed and yard piping trenches are backfilled. B, Remove construction debris in areas to be fine graded prior to fine grading, C. Shape and slope completed surface to drain away from structures. Completed surface shall be within 0.1 foot of finish elevations, contours, or elevations and contours shown on the Drawings. D, Perform survey of finished site to determine confonnance of the final earthwork with the Drawings. Submit certified survey as part of Record Drawings. See Section 01781 - Project Record Documents. END OF SECTION May, 2004 023] 5-4 SCWRF WETLANDS SITE EARTHWORK ,"....."'---'..._._".~,.,._>" ,···,···";····.,'...···;'"...0"".""""'.",,._,·.·, 16CB f ¡ SECTION 02811 LANDSCAPE IRRIGATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Pipe and fittings, valves, outlets, sprinklers, and accessories. B. Connection to utilities. C. Control system. 1.02 RELATED SECTIONS A. Section 01600 Material and Equipment. B. Section 01330 Submittals 1.03 REFERENCES A. ANSI/ASTM D2282 - Acry10nitrile-Butadiene-Styrene (ABS) Plastic Pipe (SDR-PR). B. ANSI/ASTM D2564 - Solvent Cement for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. C. ASTM B32 - Solder Metal. D. ASTM B88 - Seamless Copper Water Tube. E. ASTM D2235 - Solvent Cement for Acrylonitri1e-Butadiene-Styrene (ABS) Plastic Pipe and Fittings. F. ASTM D2241 - Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR). G. FS O-F-506 - Flux, Soldering; Paste and Liquid. 1.04 SYSTEM DESCRIPTION A. Manual controlled underground irrigation system, with low point self drain. 1.05 SUBMITTALS A. Submit under provisions of Section 01330 (Submittals). B. Shop Drawings: Indicate piping layout to water source, location of sleeves under pavement, location and coverage of sprinkler heads, plant and landscaping features, site structures, schedule of fittings to be used. C. Product Data: Provide component and control system and wiring diagrams. 02811-1 SCWRFENTRANCEROAD LANDSCAPE IRRIGATION May,2004 16CB "1 7 D. Samples: Provide one outlet of each type, with housing. Accepted samples may not be used in Work. 1.06 PROJECT RECORD DOCUMENTS A. Subrllit under provisions of Section 01781 (Project Record Documents). B. Accurately record actual locations of piping system. sprinkler heads, and valves. 1.07 OPERATION AND MAINTENANCE DATA A. Subrllit under provisions of Section 01330 (Subrllittals). B. Provide instructions for operation and maintenance of system and controls, seasonal activation and shutdown, and manufacturer's parts catalog. C. Provide schedule indicating length of time each valve is required to be open to provide a determined amount of water. 1.08 EXTRA MATERIALS A. Provide the following extra components under provisions of Section 01700: 01750: 1. Two sprinkler heads of each type and size. 2. Two valve keys for manual valves. 3. Two wrenches for each type head core and for removing and installing each type head. PART 2 PRODUCTS 2.01 MATERIALS A. Pipe: PVC in accordance with ASTM D2241; 200 psi pressure rated, downstream; solvent- weld sockets. B. Fittings: Type and style of connection to match pipe. C. Solvent Cement: ANSI! ASTM D2564 for PVC pipe and fittings. 2.02 OUTLETS A. Rotary Type Sprinkler Head: Fixed type without screens; fully adjustable for flow and pressure; size as indicated; with letter or symbol designating degree of arc and arrow indicating center of spray pattern. B. Spray Type Sprinkler Head: Fixed surface head. 02811-2 SCWRF ENTRANCE ROAD LANDSCAPE IRRIGATION May, 2004 _._..___"_~.,_.._._.._.w__.____·_".___ 1 6 C 8-' 2.03 VAL YES A. PVC Ball Valves: PVC construction, Schedule 40 with threaded ends. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. B. Verify location of existing utilities. C. Verify that required utilities are available, in proper location and ready for use. D. Beginning of installation means installer accepts existing conditions. 3.02 PREPARATION A. Piping layout indicated is diagrammatic only. Route piping to avoid plants and structures. B. Layout and stake locations of system components. C. Review layout requirements with other affected work. Coordinate locations of sleeves under paving to accommodate system. 3.03 TRENCHING A. Trench and backfill in accordance with Section 02317 (Trenching, Bedding and Backfilling for Pipe). B. Trench to accommodate grade changes C. Maintain trenches free of debris, material, or obstructions that may damage pipe. 3.04 INST ALLA TION A. Install pipe, valves, controls, and outlets in accordance with manufacturer's instructions. B. Connect to water service. C. Set sprinkler heads and box covers at finish grade elevations. D. Provide for thermal movement of components in system. E. Use threaded nipples for risers to each outlet to facilitate easy replacement. F. After piping is installed but before sprinkler heads are installed and backfilling commences, open valves and flush system with full head of water. 02811-3 SCWRFENTRANCEROAD LANDSCAPE IRRIGATION May. 2004 16C8 1 :¡ 3.05 FIELD QUALITY CONTROL A. Field inspection and testing will be performed under provisions of Section 01450 (Quality Control). B. Prior to backfilling, test system for leakage at main piping to maintain 100 psi pressure for one hour. System acceptable if no leakage or loss of pressure occurs during test period. 3.06 BACKFILLING A. Backfill trench and compact to subgrade elevation as specified in Section 02317 (Trenching, Bidding and Backfilling for Pipe) Protect piping from displacement. B, Replace Work damage by the work of this Section with equivalent products. 3.07 DEMONSTRATION A. Provide system demonstration. B. Instruct Owner's personnel in operation and maintenance of system, including adjusting of sprinkler heads. Use operation and maintenance material as basis for demonstration. END OF SECTION May, 2004 02811-4 SCWRFENTRANCEROAD LANDSCAPE IRRIGATION "_.~.,~..,~,~---~----._~ 16CB 41 1 SECTION 02938 SODDING PART 1 GENERAL 1.01 WORK INCLUDED A. Preparation of subsoil. B. Placing topsoil. C. Fertilizing. D. Sod installation. E, Maintenance. 1.02 REFERENCES A. ASP A (American Sod Producers Association) - Guideline Specifications to Sodding, B. FS O-F-241 - Fertilizers, Mixed, Commercial. ] .03 DEFINITIONS A. Weeds: Includes Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bennuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1,04 QUALITY ASSURANCE A. Sod Producer: Company specializing in sod production and harvesting with minimum five years experience, and certified by the State of Florida. B. Installer: Company approved by the sod producer. C. Sod: Minimum age of 18 months, with root development that will support its own weight, without tearing, when suspended vertically by holding the upper two comers. D. Submit sod certification for grass species and location of sod source, 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for fertilizer and herbicide composition, ] ,06 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 0] 600, Material and Equipment. B. Store and protect products under provisions of Section 01600, Material and Equipment. 02938-1 SCWRF WETLANDS SODDING May, 2004 16CB ""'., .~ , C. Deliver sod on pallets. Protect exposed roots from dehydration, D. Do not deliver more sod than can be laid within 24 hours. 1.07 MAINTENANCE SERVICE A. Maintain installed sod until Owner has accepted all Work and final payment is made. PART 2 PRODUCTS 2.01 MATERIALS A. Sod: Nursery grown grade; cultivated grass sod; [type indicated below;] with strong fibrous root system, free of stones, burned or bare spots, Sod shall be as shown on plans. B. Topsoil: Excavated from site and free of weeds, C. Fertilizer: As recommended by sod producer. D. Water: Clean, fresh, and free of substances or matter which could inhibit vigorous growth of grass. 2,02 ACCESSORIES A, Wood Pegs: Softwood; sufficient size and length to ensure anchorage of sod on slope. B. Wire Mesh: Interwoven hexagonal metal wire mesh of2 size. 2.03 HARVESTING SOD A. Machine cut sod and load on pallets, B. Cut sod in area not exceeding one sq yd with minimum 1/2 inch topsoil base. PART 3 EXECUTION 3.01 INSPECTION A. Verify that prepared soil base is ready to receive the work of this Section. B. Beginning of installation means acceptance of existing site conditions. 3.02 PREPARATION OF SUBSOIL A. Prepare subsoil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours, Make changes in grade gradual. Blend slopes into level areas, B, Remove foreign materials and undesirable plants and their roots, Do not bury foreign material beneath areas to be sodded. Remove contaminated subsoil. May, 2004 02938-2 SCWRF WETLANDS SODDING 16 CB '1 C. Scarify subsoil to a depth of 4 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted subsoil. 3.03 PLACING TOPSOIL A. Spread topsoil to a minimum depth of 2 inches over area to be sodded, B, Place topsoil during dry weather and on dry, unfrozen subgrade. C. Remove vegetable matter and foreign non-organic material while spreading. D. Grade to eliminate rough, low, or soft areas, and to ensure positive drainage. 3.04 FERTILIZING A. Apply fertilizer in accordance with manufacturer's instructions. B. Apply after smooth raking of topsoil and prior to installation of sod. C. Apply ferti1izer no more than 48 hours before laying sod. D. Mix thoroughly into upper 2 inches oftopsoil. E. Lightly water to aid the dissipation of fertilizer. 3.05 LAYING SOD A. Moisten prepared surface immediately prior to laying sod. B. Lay sod within 24 hours after harvesting to prevent deterioration. C. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. D. Lay smooth. Align with adjoining grass areas. Place top elevation of sod 1/2 inch below adjoining paving or curbs. E, On slopes 6 inches per foot and steeper, lay sod perpendicular to slope and secure every row with wooden pegs at maximum 2 feet on center, Drive pegs flush with soil portion of sod. F, Prior to placing sod on slopes exceeding 8 inches per foot or where indicated, place wire mesh over topsoil. Securely anchor sod in place over wire mesh and topsoil with wood pegs sunk finnly into the ground. G. Water sodded areas immediately after installation. Saturate sod to 4 inches of soil. H, After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. Roll sodded areas with roller not exceeding 150 Ibs per foot of roller width. 3.06 MAINTENANCE A. Mow grass at regular intervals to maintain at a maximum height of 2-112 inches. B. Neatly trim edges and hand clip where necessary. C. Immediately remove clippings after mowing and trimming. 02938·3 SCWRF WETLANDS SODDING May, 2004 ""._-_.~.,_.~----_._"..__.,-----~ May, 2004 16C8 J ,~ D, Water to prevent grass and soil fÌ'om drying out. E, Roll surface to remove minor depressions or irregularities. F. Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions and applicable DEP, EP A and County regulations. Remedy damage resulting fÌ'om improper use of herbicides. G. Immediately replace sod to areas which show deterioration or bare spots, H. Protect sodded areas with warning signs during maintenance period. END OF SECTION 02938-4 SCWRF WETLANDS SODDING It.08·' SECTION 02950 TREES, PLANTS, AND GROUND COVER PART 1 GENERAL ] .0] SECTION INCLUDES A. Preparation of subsoi1 and topsoil. B. Topsoil bedding. C. Trees, plants. and ground cover. D. Mulch and fertilizer. E. Maintenance. 1.02 REFERENCES A. ANSI Z60.1 - Nursery Stock. E. FS O-F-24I - Fertilizers. Mixed. Commercial. 1.03 DEFINITIONS A. Weeds: Includes Dandelion. Jimsonweed, Quackgrass, Horsetail. Morning Glory. Rush Grass, Mustard, Lambsquarter. Chickweed, Cress. Crabgrass. Canadian Thistle, Nutgrass, Poison Oak, B]ackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perrenial Sorrel, and Brome Grass. B. Plants: Living trees, plants, and ground cover specified in this Section and described in ANSI Z60.]. 1.04 OPERATION AND MAINTENANCE DATA A. Submit instructions for continuing Owner maintenance. B. Include cutting and trimming methods; types, application frequency, and recommended coverage of fertilizer. 1.05 QUALITY ASSURANCE A. Nursery: Company specializing in growing and cultivating the plants specified in this Section with minimum five years experience, B. Installer: Company specializing in installing and planting the plants specified in this Section and approved by Nursery. C. Submit certification and data on proposed trees and plants. 02950-1 SCWRF WETLANDS TREES. PLANTS AND GROUNDCOVER May, 2004 ----........ I 6 8.' 11 C t 1.06 REGULATORY REQUIREMENTS A. Comply with regulatory requirements for fertilizer and herbicide composition. B. Plant Materials: Certified by State of Florida Department of Agriculture, rree of disease or hazardous insects. 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600. B. Store and protect products under provisions of Section 01600. C. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. D. Protect plants until planted. E. Deliver plant life materials immediately prior to placement. Keep plants moist. 1.08 ENVIRONMENTAL REQUIREMENTS A. Do not install plant life when ambient temperatures may drop below 35 degrees F or above 90 degrees F, 1,09 MAINTENANCE SERVICE A. Maintenance Services: Perfonned by installer. B. Maintain plant life immediately after placement until plants are well established and exhibit a vigorous growing condition. C. Maintain plant life until Owner has accepted all Work and final payment is made. D. Maintenance to include: 1. Cultivation and weeding plant beds and tree pits. 2. Application of herbicides for weed control in accordance with manufacturer's instructions. Remedy damage resulting from use of herbicides. 3. Application of pesticides in accordance with manufacturer's instructions. Remedy damage rrom use of pesticides. 4. Irrigating sufficient to saturate root system, 5, Trimming and pruning, including removal of clippings and dead or broken branches, and treatment of pruned areas or other wounds. 6, Disease control. 7. Maintaining wrapping, guys, and stakes. Repair or replace accessories when required, PART 2 PRODUCTS 2.01 TREES, PLANTS, AND GROUND COVER May, 2004 02950-2 SCWRF WETLANDS TREES. PLANTS AND GROUNDCOVER 16 C 8 ~'1 A. Trees, Plants and Ground Cover: Species and size identified in plant schedule, grown in climatic conditions similar to those in locality of the Work. 2.02 SOIL AMENDMENT MATERIALS A. Fertilizer, Peat Moss, Lime, Mulch, etc.: As recommended by nursery, B, Water: Clean, fresh and free of substances or matter which could inhibit vigorous growth of plants. 2.03 ACCESSORIES A. Wrapping Materials: Burlap. B. Stakes: Softwood lumber, pointed end. C. Cable, Wire, Eye Bolts: Non-corrosive, of sufficient strength to withstand wind pressure and resultant movement of plant life. D. Plant Protectors: Rubber sleeves over cable to protect plant stems, trunks, and branches. E. Decorative Cover: Pine bark chips, F. Membrane: 20 mil thick, black polyethylene. PART3 EXECUTION 3.01 EXAMINATION A. Verify that prepared subsoil is ready to receive work of this Section. B, Beginning to installation means acceptance of existing conditions. 3.02 PREPARATION OF SUBSOIL A. Prepare subsoil to eliminate uneven areas. Maintain profiles and contours. Make changes in grade gradual. Blend slopes into level areas. B, Remove foreign materials, weeds, and undesirable plants and their roots. Remove contaminated subsoil. C. Scarify subsoil to a depth of twelve (12) inches where plants are to be placed. Repeat cultivation in areas where equipment used for hauling and spreading topsoil has compacted subsoil. D, Dig pits and beds 6 inches larger than plant root system. 02950-3 SCWRF WETLANDS TREES, PLANTS AND GROUNDCOVER May. 2004 1 6 CB ~.,~ 'J ' 3.03 PLACING TOPSOIL A. Spread topsoil to a minimum depth of 6 inches over area to be planted. Rake smooth. B, Place topsoil during dry weather and on dry unrrozen subgrade. C. Remove vegetable matter and foreign non-organic material rrom topsoil while spreading. D. Grade topsoil to eliminate rough, low, or soft areas, and to ensure positive drainage. E. Install topsoil mixture in pits and beds intended for plant root balls, to a minimum thickness as indicated on Drawings, 3.04 FERTILIZING A. Apply fertilizer in accordance with manufacturer's instructions, B, Apply after initial raking of topsoi I. C. Mix thoroughly into upper 2 inches of topsoil. D, Lightly water to aid the dissipation offertilizer. 3.05 PLANTING A. Place plants for best appearance for review and final inspection by Engineer and Owner. B, Set plants vertical. C. Remove non-biodegradable root containers, D. Set plants in pits or beds, partly filed with prepared topsoil mixture. Loosen burlap, ropes, and wires rrom the root ball. E. Place bare root plant materials so roots lie in a natural position. Maintain plant materials in vertical position. F, Saturate soil with water when the pit or bed is half full of topsoil and again when full. 3,06 INSTALLATION OF ACCESSORIES A. Place decorative cover and membrane at base of plant to a nominal diameter of3 inches. 3.07 PLANT SUPPORT A. Brace plants vertically with plant protector wrapped guy wires and stakes to the following: Tree Caliper 1 inch 1 - 2 inches 2 - 4 inches Over 4 inches Tree Support Method 1 stake with one tie 2 stakes with two ties 3 guy wires 4 guy wires May,2004 02950-4 SCWRF WETLANDS TREES, PLANTS AND GROUNDCOVER 3.08 FIELD QUALITY CONTROL 16CB 'J A. Field inspection will be perfonned under provisions of Section 01450. B. Plants will be rejected when ball of earth surrounding roots has been disturbed or damaged prior to or during planting. END OF SECTION 02950-5 SCWRF WETLANDS TREES, PLANTS AND GROUNDCOVER May, 2004 EXHIBIT K PERMITS I 6 C 8 '" The County has obtained the following permits: 1. Environmental Resource Permit 2, Department of the Army, Corps of Engineers Wetlands Permit 3. Collier County Site Development Plan 4, Collier County Clearing Permit WS-CA-K-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration "....._.~--_.--,.- DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 2301 MCGREGOR BOULEVARD, SUITE 300 FORT MYERS. FLORIDA 33901 July 1, 2003 16 C 8·' Regulatory Division South Permits Branch Fort Myers Field Office 200201752(IP-MAE) RECEIVED JUl 0 2 2003 HOLE MONTES. INC, Collier County Public Works, Wastewater Division C/o: Hole Montes Mr. Michael Clough. P .E, 950 Encore Way Naples, FL 34110 Dear Mr. Clough: We have completed the review of your permit application, number 200201752(IP-MAE), requesting authorization to expand an existing wastewater treatment plant. In addition to expand¡ng the wastewater treatment facility the project would include moving one entrance road and expanding the surface water management system, The project is located within the Lely Drainage Basin at 5600 Warren Street, in Section 20, Township 50 South, Range 26 East, Naples, Collier County, Florida'. You have an opportunity to review any special or general conditions prior to final signature by this office. Enclosed are an original and a copy of an unsigned DA permit instrument for your review. Both copies must be siqned by the applicant in the space provided on the last page of the instrument. The party responsible for assuring the work is done in accordance with the permit terms and conditions must sign the permit. In the case of corporations, acceptance must be by an officer of that corporation, Please type or print the name and title of the person signing below the signature and the date signed, Please read carefully the Special Conditions included on page 3 of the permit. These were developed to apply specifically for your project. Water Quality Certification (WQC) is also required prior to issuance of a DA permit. A copy of your certification has been received. In accordance with General Condition number 5 of the permit, the WQC specific conditions have been attached, and therefore, become a part of the DA permit. SIGN AND RETURN 80TH THE ORIGINAL AND THE COpy OF YOUR ',~ PERMIT. The original will be signed by the District Engineer and returned to you with a yellow placard to be posted at the site. It is important to note that the Q.,ermit is not valid until the Distrk::t Enqineer sitlns, You are hereby advised that you may accept or appeal this permit. Enclosed is a combined appeal options and request for appeal form (2 pages) that identifies your right and options regarding the administrative appeal of this decision. Any objections to the 200201752(IP-MAE) Collier County Water Reclamation Facility 16CB '>t t 2 enclosed permit must be received by the District Engineer within 60 days of the date of this letter, or your will forfeit your right to appeal the permit in the future. Please submit both copies of your signed permit or the completed request for appeal form to the Fort Myers Regulatory Office at the letterhead address. Any questions may be directed to Melissa Ellis at 239-334-1975 x: 22 or by email at Melissa ,A, Eflis(â>.u sace .armY.mif. Also enclosed is a two-page customer service survey form. If you have any comments on the service you have received during the evaluation of this application, please return the survey to us along with your signed permit instrument. Sincerely, Enclosures ~Pß~¿ ~ Jo R. Hall Ch ef, Regulato iv' ion Copy furnished (wolenclosures): Reading copy "'\ .1... . A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. · ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the district engineer for final authorization. If you received a Letter ofPennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pennit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its tenns and conditions, and approved jurisdictional determinations associated with the permit. · OBJECT: If you object to the pennit (Standard or LOP) because of certain terms and conditions therein, you may request that the pemút be modified accordingly. You must complete Section II of this fonn and return the fonn to the district engineer. Your objections must be received by the district engineer witrun 60 days of the date of this notice, or you will forfeit your right to appeal the pemút in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or ( c) not modify the pernút having determined that the pemút should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pennit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit · ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the district engineer for final authorization. If you received a Letter ofPennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pennit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its tenns and conditions, and approved jurisdictional determinations assocíated with the pennit. · APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined permit W1der the Corps of Engineers Adnùnistrative Appeal Process by completing Section II of this fonn and sending the fonn to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. c: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this fonn and sending the form to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. · ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the da~ of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. · APPEAL: If you disa,gree with the approved JDt you may appeal the approved JD W1der the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish. you may request an approved JD (which may be appealed). by contacting the Corps district for further instruction. Also you may provide new infonnation for further consideration by the Corps to reevaluate the JD. 16r8 J ,{ ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has detennined is needed to Clarify the administrative record. Neither the appellant nor the Corps may add new infonnation or analyses to the record. However, ou ma rovide additional information to clarif the location of information that is ahead in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: Mr. Ron Silver (telephone 904-232-2502) U,S, Army Corps of Engineers, Jacksonville District Regulatory Division Post Office Box 4970 Jacksonville, Florida 32232-0019 ;. If you only have questions regarding the appeal process you may also contact: Mr. Skip Bergmann (telephone 239-334-1975) U.S. Army Corps of Engineers, Jacksonville District Fort Myers Regulatory Office 2301 McGregor Boulevard Suite 300 Fort Myers, Florida 33901 RIGHT OF ENTRY: Y oUI signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. Approved: OMB No.: 0710-0012 16CB'" 30 SeDtember 2001 The Public ,eporling bUlden for thi~ collection of inlormelion is e"imeted 10 sVelsge16 minute. pel "sponse, including lime 101 leviewing Inltluclions. lurching elllsling dll' lourcn, gllh8ling .nd m.inuining the dll' needed, Ind compllting .nd reviewing the colleclion 01 onlormlllon, Send commen.. regilding lhis bu,den elli""1I 0' .ny other .~pecl 01 Ihis colleclion 01 informltion. inc;luding luggestions IOf rlduci1\9 Ihls bu,den, to Olpll1ment 01 O,llnee. W..hinglon H"dQuI"e" Se'v,c;es. DillCt01l1l101 Inlo,mllion Opllllions Ind Repo'1I10710,XXXXI, 1216 Jefflrson D.vl, Highway, Sui II 1204, A,linglon, VA 22202·4302, Responden" Ihould be ewe,. thll notwithnending Iny olh., p,ovilion 01 ¡.w, no pIlSon Ihlll be subject to eny penlllY lor Ililing to comply wilh e collec;tion 01 inlo,mltion il it dOli not dllpllY I cUllenlly VI lid OMB conllo/ numbe" PLEASE 00 NOT RETURN YOUR APPLICATION TO THE ABOVE ADDRESS. RETURN COMPLETED APPLICATION TO THE ADDRESS SHOWN ON THE APPLICATION INSTRUCTION SHEET, CUSTOMER SERVICE SURVEY· REGULATORY PROGRAM U.S. ARMY CORPS OF ENGINEERS We et the U,S. Army Corps Of Engineels Regulatory Branch lI,e committed 10 imPloving service to our cuslomers and would like 10 know how well we have been doing. Who llle ou, customers1 You lI,e our cu:stOmflr:S if you submil1ld a p8lmll Ipplicelion. requested. IUltsd,cllon.1 deU,minltlon or weIland delineltion, or scheduled. pre'lpplicltion meeting with us, Oth., customers include those 01 you who receive our Public Notice Indlo, commented on I pe",cut., project 0' ou' wo,k in genelll. beceuse 01 your inlllest in the Regul810'y Prog,.m. To identily how we cen beltl! ..'ve YOU. we need .,.ou, help. Please like Ihe I.m. to liII out Ihi~ Þ,iel sUlvev .nd mlil il blck 10 us, You, hones I opinions will help U$ dett/minl elllS in which we need to imp'ov., For eech question. pie... ind,cete Ihe level 01 servIce YOU received by merking the IPP'DP,iele numb., on e scale I,om 1·5. wilh 1 being low (dissatislied' end 5 being h.gh IVlrv sl!isliedl. "the QUist ion c!l)es not .pply 10 you, Simply melk NIA, Thank vou 10' you, lime .nd comments! Response 10 this surve.,. is VOlUNTARY, "VOIJ choose not 10 ,espond, II will no! Iffecl Inv LOW HIGH I. FOR APPLICANTS & OTHERS REQUIRING AUTHORIZATIONS SATISFACTION SATISFACTION \, Do you think you 'eceived you, Co,ps permit decision in a , 2 3 4 5 NA reasonable amount of time? 2. Do you think you received your Corps jurisdictional delermination in , 2 3 4 5 NA a reasonable amount of time' 3. If we 'ecommendedlrequired project changes/modifications to , 2 3 4 5 NA reduce imeaets. did we clearlv exelsin the reasons why? 4. II we recommended/required project changes/modifications 1 2 3 4 5 NA te reduce ¡moacts. did the chanoes seem reasonable to you? 1 2 3 4 5 NA 5, If we denied your eermit, did we clearlv exolain the reasons whv? 6. For enforcement cases. did our office clearly IInd professionally explain the basis for the enforcement action ,~.. what work we 1 2 3 4 5 NA .. , vnll ,'.L.._.... ., 1 2 3 4 5 NA 1. For enforcemenl cases, did ou, office include options for resolution? " I:nø -nTUCD" " For permitted actions. was the permit ellective in achieving 1 2 3 4 5 NA .oprooriate orotectionfmitioation for imoacts to IIQuatic resources1 2. For enforcement actions. did the Corps require appropriate \ 2 3 4 5 NA comoensalion/restoration for ¡meacts 10 IIQuatic resources1 11/. FOR APPUCANTS & "OTHER" CUSTOMERS ,. Did the Corps representative act professionally and treat you with 1 2 3 4 5 NA courtesy? 2. Did the Co,ps provide sullicient information to allow you to complete 1 2 3 4 5 NA an application form. commenl on a public notice. 01 01herwise eveluate our work? t., t 2 3 4 5 NA 3. Did we respond to your letters and telephona clllls in a reasonable amount of time? 4. Old the Co,ps representlltive answer your questions cles,ly. giving 1 2 3 4 5 NA I you accurate information about OUI Reaulatorv Proaram? 5. What is your OVERALL rsting 01 Ihe level of service provided by tha 1 2 3 4 5 NA CorDs ot Enaineers Aeoulatorv Proorllm r Note: DATA FROM THIS QUESTIONNAIRE WILL BE USED BY THE DISTRICT TO IMPROVE SERVICE. ALSO, INFORMATION WILL BE TABULATED NATIONAllY BY SERVICE AREA. RESPONDENTS WILL NOT BE IDENTIFIED BY NAME OR ORGANIZATIONN FOR ANY REPORT DERIVED FROM THIS SURVEY. ENO FORM S065. Feb 97 (Proponent: CECW·OR) ^_.,-._,,~ PLEASE COMPLETE THE FOLLOWING QUESTIONS BY GIVING US 1 ANY COMMENTS OR SUGGESTIONS FOR HOW WE CAN IMPROVE, 6C8 1 , P..... Indicate the nature of your bUlln... (It .,,""nbM, r:Mr:' m_ /h,,, OM/: - Property developer - Public Agency Applicant _ Civic or Trade Organization - Member of Legislature _ Federal/State/Local - Conservation Orgenization - Flood/Water Control District _ Consultant _ Farming/Ranching - Public Agency - Personal/Privete Project - Adjacent Property Owner _ Sand & Gravel Law Office - Silviculture Mining Media Native American - Other fd,scrib,/: What Servicel" Old You Seek From the Corpl? (ff ."p/lclbf,. r:h,d m_ 'h,,, _I: _ Generallnlormation P,e'application Consultation Nationwide general permit Regional or programmatic general permit Standard Individual permit Letter of Permission _ Jurisdictionalfwelland determination Resolution of violation/non'compliance Regulato,y Program presentation Commented on Public Notice/permit applicallon Othe, Id,sc,ib,/: Which Co,p, oHic, IDis'ric,. Division, Hudqu'rftHs. o,h.,1 did you deal with? Name of person you contacted In our oHice (""tlon.l/: Do you have any comments or suggestions on tha Regulatory Program? Information about you (option"ll: NamelTitle: Address: ',~ T aleph on a (lnclud. "",,, r:od"l: May we contact youi' YES NO Authorities: The government Perfonnance and Results Act of 1993 and Executive Order IEOl12862, "Setting Customer Service Standards", dated September 11. 1993. Purpose: To determine the qualily of services our customers expect. as well liS thelt satisfaction with USACE's existing service.. Information provided on this form will be used In evaluating the performance of the Corps Regulatory Program. Routina Uns: This Information may be shared with the Office of Mllnagement and Budget. members of Congress, and other federal. state. and local government agencies. Disclosure: Providing requested information Is voluntary. Failure to provide this Information will not result in an adverse action. IReverse of Eng Form 50651 t 6 r 8 ~1 DEPARTMENT OF THE ARMY PERMIT (Duplicate) Permittee: Collier County Public Works, Wastewater Division 6027 Shirley Street Naples, FL 34109 Permit No: 200201752{IP-MAE) Issuing Office: US Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the US Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Authorization for the expansion of an existing wastewater treatment facility on a 48.35-acre site. The project will require the discharge of approximately 2,260 cubic yards of fill into 1.84 acres of wetlands. The work is to be completed in accordance with the attached plans numbered 200201752{IP-MAE) 6 sheets dated 4 February 2003, These drawings can be found in Attachment A, which is attached to, and becomes part of, this permit. Project Location: The proposed project site is located in freshwater-forested wetlands within the Lely Drainage Basin, in Section 20, Township 50 South, Range 26 East, Naples, Collier County, Florida. Latitude 26°05'41" N, Longitude 81°43'06" W .~ ~ 200201752(IP-MAE) Collier County Public Works Wastewater Division 16 C 8 ~, ñ General Conditions: 1. The time limit for completing the work authorized ends on 1 Julv 2008. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached (see Attachment B). 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 7. The permittee understands and agrees that, if in the future, operation by the United States require the removal, relocation or other alteration of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized "'\representative, said structure or work shall cause unreasonable obstruction to the free navigation of Ðavigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of such removal or alteration, 2 t6ra , 200201752(IP-MAE) Collier County Public Works Wastewater Division Special Conditions: 1. The permittee shall notify the Corps in writing at feast 48 hours prior to commencement of the work authorized by this permit and shall provide a written status report every six months until the authorized work has been completed. This commencement notification, status reports, monitoring reports, and all other reports regarding this permit shall be submitted to the U.S. Army Corps of Engineers, Regulatory Division" Enforcement Branch, P.O. Box 4970, Jacksonville, Florida 32232-0019 and shall reference the permit number. 2. The permittee shall perform on-site compensatory mitigation for unavoidable wetland impacts by preserving and enhancing 14.92 acres of wetlands in accordance with the "Maintenance Guidelines" dated 7 May 2003 (Attachment E). 3. The applicant shall commence construction of the on-site mitigation concurrent with the onset of wetland impacts and finish all mitigation construction and exotic vegetation removal activities prior to the receipt of the Certificate of Substantial Completion or 1 September 2004, whichever is earlier. 4. The permittee shall monitor the on-site mitigation areas. Monitoring shall consist of baseline monitoring (prior to mitigation construction), time-zero monitoring (within 30 days following completion of the mitigation work), and annual monitoring reports thereafter. The baseline monitoring and time-zero monitoring reports shall be submitted to the Corps prior to the occupancy of any structure. All monitoring reports shall be mailed to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Branch, P.O. Box 4970, Jacksonville, Florida 32232-0019. Each monitoring report shall include data collected on vegetation, wildlife, rainfall, wetland water levels and other information as described in the "Maintenance Guidelines", and shall also include the following items: (1) Department of the Army permit number; (2) Sequence number of the report being submitted; (3) Date the next report is expected to be submitted, and (4) Brief summary of the status of the mitigation including any problems encountered and the remedial actions taken. "~ 5, Annual monitoring shall continue for a minimum of five years or until the success criteria has been met for three consecutive years following the last supplemental plarlting of native vegetation, A request for a final inspection shall be submitted with the last mQnitoring report. The Corps of Engineers shall make the success determination. 3 200201752(IP-MAE) Collier County Public Works Wastewater Division 6. The on-site mitigation areas shall be enhanced and managed in perpetuity for the control of invasive exotic vegetation as defined by the Florida Exotic Pest Plant Council's 2001 List of Invasive Species (Category 1) (http://fleppc,ora). There shall be no invasive exotic vegetation or nuisance plant species of seed bearing size in the mitigation area. Plants over three feet in height are considered to be seed bearing in size. At no time shall the density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed 1 % of the aerial cover in any individual stratum. At no time shall the total density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed a totatof 5% for all strata. 16 C8 '~ 7. The permittee shall ensure that the 14.92 acres of on-site preserve areas would remain in a natural state in perpetuity. The natural preserve areas shall not be disturbed by any dredging, filling, land clearing, agricultural activities, planting or any other construction work whatsoever (except as necessary to comply with the exotic removal and any supplemental plantings). The permittee shall agree that the only future utilization of the preserved areas would be as a natural area. With the exception of the mitigation plan, any work with in the 14.92 acres of on-site preserves shall be approved by the Corps of Engineers and may require a modification to the DA permit, additional mitigation or may require re-initiation of consultation with the FWS. 8. Of the 14.92-acre onsite preserve, 13.81 acre shall be placed under a conservation easement. The permittee shall prepare a legally sufficient conservation easement for the 13.81-acre on-site preserve. The Florida Department of Environmental Protection shall be the grantee for the on-site conservation areas. A fully executed conservation easement shall be submitted to the Corps no later than 1 September 2004. 9. Within 60 days of completion of the work authorized, the attached Self-Certification Statement of Compliance (Attachment C) must be completed and submitted to the US Army Corps of Engineers. 10, Within 60 days of completion of the work authorized and mitigation, the permittee shall provide to the US Army Corps of Engineers as-built drawings of the authorized work, including mitigation, and a completed As-Built Certification Form (Attachment D). "'\ ;. 4 200201752(IP-MAE) Collier County Public Works Wastewater Division 1e.f'q .\~ ~ Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344), ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.1413). 2. Limits of this authorization. a, This permit does not obviate the need to obtain other Federal, State, and local authorization required by law, b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. .,'\ d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 5 200201752(IP-MAE) Collier County Public Works Wastewater Division 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 16 r 8 ~~ . 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces, which this office did not consider in reaching the original public interest, decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. '., ~ 6 - 11-. f'\ 8 , ;. 200201752(IP-MAE) Collier County Public Works Wastewater Division Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (DATE) (PERMITTEE) (TYPE OR PRINT PERMITTEE NAME AND TITLE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DATE) (DISTRICT ENGINEER) JAMES G. MAY Colonel, U.S. Army THIS PERMIT CONTAINS 5 ATTACHMENTS, TOTALING 20 PAGES Attachment A - PERMIT DRAWINGS (6 Sheets dated 4 February 2003) Attachment B - WATER QUALITY CERTIFICATION (South Florida Water Management District Special Conditions in accordance with the General Condition number 5 on page 2 of this DA permit - 6 Pages) Attachment C - SELF-CERTIFICATION STATEMENT OF COMPLIANCE (1 Page) Attachment D - AS-BUILT CERTIFICATION (3 Pages) Attachment E -MAINTENANCE GUIDELINES 4 FEBRUARY 2003 (4 pages) 0" ~ 7 200201752(1P-MAE) Collier County Public Works Wastewater Division 16C8-" Permit Transfer: When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (PERMITTEE - SIGNATURE AND TITLE) Collier County Public Works, Wastewater Divisiòn 6027 Shirley Street Naples, FL 34109 PERMIT NUMBER: 200201752(IP-MAE) LOCATION & AUTHORIZED WORK: The project is located at 5600 Warren Street, in Section 20, Township 50 South, Range 26 East, Naples, Collier County, Florida. Latitude 26°05'41" N, Longitude 81°43'06" W DATE Authoñzation for the expansion of an existing wastewater treatment facility on a 48.35- acre site. The project will require the discharge of approximately 2,260 cubic yards of fill into 1.84 acres of wetlands. (TRANSFEREE - SIGNATURE) (DATE) (NAME AND TITLE - PRINTEDffYPED) (NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTEDrrYPED) (TELEPHONE NUMBER) The above transfer agreement should be completed and mailed to the local Corps of Engineers Regulatory Office or to; '.,\ U.S. Army Corps of Engineers, Jacksonville District A TTN: Regulatory Division, Enforcement Branch P.O. Box 4970 Jacksonville, Florida 32232-0019 8 Jeb Bush Governor RECEIVED Department of JAN 2 It 2003 Environmental ProtectionHo~E MONTES.INC, 16CB South District P.O. Box 2549 Fort Myers. Florida 33902-2549 ...., David 8'. Struhs Secretary " -'- ' CERTIFIED MAIL NO. 7001 2510 0001 48032363 RETURN RECEIPT REQUESTED Collier County BOCC Collier County Public Works, Wastewater Division C 0 Michael Clough Hole Montes Inc 950 Encore Way Naples Florida 34110 Re: Collier County - ERP File No.: 11-0187492-002 [SFWMD Permit No. 11-00453-S] Southwest Coast EMA Project: South County Water Reclamation Facility Expansion: Road Realignment Dear Mr. Clough: Your rcquest to modify this permit has been received and reviewed by Dcpm1ment staff. The proposed permit modifications to occur at 5600 Warren Street, Naples, Florida. Collier County, Section 20, Township 50 South, Range 26 East, Latitude 26° 5m 458, LongitudeSl ° 43m 29s, adjacent to Lely Canal, Class ill unnamed wetlands are to include: ACTIVITY DESCRIPTION: FROM: The activity is to construct modifications to an existing stOlIDwater management system (system) as permitted by the South Florida Water Management District (SFWMD) under Permit No. 11-00453-S and subsequent modifications. The system will continue (as modified) to serve 30.68 acres of the entire 48.35-acre site, as it has in the past under the SFWMD permit. The stormwater management system modifications will include the reshaping of several water management areas due to the plant expansion and the installation of drainage pipes to interconnect various water management areas for stormwater routing purposes. One of these pipes will provide an interconnection between the system's two sub-basins and will function to eijualize stonnwater levels between the two sub-basins. No modification to the existing system's two previously pennitted water control structures was deemed necessary as determined by submitted flood routing models and other engineering calculations. The property contains wetlands, which are not proposed to be impacted by the activity. "More Protection, Less Process" Primed on recycled þOþer. Permit Number: 11-0187492-002 Permittee: CoJIier County Public Works Page: 2 of 9 16C8~' J The modification to the stormwater system is necessitated by the expansion of the current facility to a capacity of 16 MGD to comply with a Consent Order (OGC Case No. 01-0552-11- DW), as issued by the Domestic Wastewater Section of the Department. This expansion incJudes the construction of eight additional aeration basins, two cJarifiers, four filters, two chlorine contact chamber, a sludge holding tank and other misceHaneous equipment and buildings. These improvements are presentJy under review by application to the Domestic Wastewater Section of the Water Facilities Program of the Department. TO: The activity is to construct modifications to an existing stormwater management system (system) as pennitted by the South Florida Water Management District (SFWMD) under Pennit No. l1-00453-S and subsequent modifications and the Department under Pennit No. 11- 0187492-00 1. The system will serve (as modified) 31.94 acres of the entire 48.35-acre site. The stormwater management system modifications wiJl incJude the reshaping of two existing water management areas and the addition of another water management area due to the plant expansion and the realignment of the northeasterJy access road to the facility. Modification to the existing system's two previously permitted water control structures was deemed necessary as detennined by submitted flood routing models and other engineering calculations. The property contains a total of 16.76 acres of wetlands, of which 1.84 acres are to be impacted by the expansion of the facility and the reaJignment of the entrance road for public safety reasons. The permittee has recorded in the ColJier County public records a Conservation Easement over the remaining 14.076 acres of wetJands and adjacent uplands. SPECIFIC CONDITION 3: Stormwater Management Facilities: FROM: The existing eight water management areas (WMA) provide stormwater treatment by dry detention. The eight WMA's, as pennitted by the SFWMD, are separated into two sub-basins (East and West), each basin with its own water control structure. Three of the WMA's are proposed to be modified by reshaping to accommodate the proposed plant expansion facilities. One modification is to install an interconnection pipe between the two sub-basins in order to equalize the stormwater levels between the sub-basins so they function as one basin. The total .~urface area of the eight water management areas, as modified, is 3.56 acres. TO: ~ A ninth water management area (WMA) is to be added to the existing eight water management areas (WMA) provide stormwater treatment by dry detention. The eight WMA's, as pennitted by the SFWMD, are separated into two sub-basins (East and West), each basin with its Pennit Number: 11-0187492-002 Pennittee: CoUier County Public Works Page: 3 of 9 16CB . " , own water control structure. Two of the existing WMA's are proposed to be modified by reshaping to accommodate the proposed plant expansion facilities and to provide, along with the ninth WMA, additional stormwater storage capacity. An interconnection pipe between the two sub-basins has been previously authorized to equalize the stormwater levels between the sub- basins so they function as one basin. The total surface area of the nine water management areas, as modified and added, is 4.72acres. SPECIFIC CONDITION'4: Stormwater Discharge Facilities FROM: 4.a. West Water Control Structure with 24-inch CMP Baffle WMA Minimum Bottom Elevation: 5.6 Feet, NGVD 4-inch Orifice Bleed-down Invert: 4.7 Feet, NGVD Overflow Grate Elevation: 7.64 Feet, NGVD Discharge Culvert (16-Inch DIP) Invert: 4,05 Feet, NGVD b. East Water Control Structure with 16-inch CMP Baffle WMA Minimum Bottom Elevation: 5.6 Feet, NGVD 4.5-inch Orifice Bleed-down Invert: 4.6 Feet, NGVD Grate Elevation (Non-Overflow*): 9.28 Feet, NGVD Discharge Culvert (24-Inch RCP) Invert: 2.48 Feet, NGVD *System overflows are through the West Water Control Structure. Minimum 5-Foot Top-Width Berm Elevation (Existing): 9.00 Feet, NGVD Wet Season Water Table Elevation**: 4.60 Feet, NGVD Total Allowable Stormwater Discharge Rate (30.68 acres***): 1.84 CFS Total Design Stormwater Discharge Rate: 1.54 CFS ** As established by SFWMD Permit No. ll-00453-S. ***Project Area Receiving Body: Lely Canal (Class ill Waters) TO: "'\ 4.a. West Water Control Structure with 24-inch CMP Baffle* WMA Minimum-Bottom Elevation: 5.6 Feet, NGVD 3-inch Orifice Bleed-down Invert: 4.60 Feet, NGVD 4-inch Main Orifice Invert: 6.14 Feet, NGVD Overflow Grate Elevation: 7.64 Feet, NGVD Discharge Culvert (16-Inch DIP) Invert: 4.05 Feet, NGVD Pennit Number: 11-0187492-002 Pennittee: ColJier County PubJic Works Page: 4 of 9 1 6 C 8 .~ * Existing baffle removed and a new baffle instalJed per drawings. b. East Water Control Structure with 16-inch CMP Baffle** WMA Minimum Bottom Elevation: 5.6 Feet, NGVD 4.5-inch Orifice Bleed-down Invert: 4.6 Feet, NGVD Grate Elevation (Non-Overflow*): 9.28 Feet, NGVD Discharge Culvert (24-Inch RCP) Invert: 2.48 Feet, NGVD ** Existing baffle to be modified per drawings. Note: System overflows are through both Water Control Structures. Min. 5-Foot Top-Width Benn Elev. (Existing and Proposed): Wet Season Water Table Elevation**: Total AlJowable Stonnwater Discharge Rate (31.94 acres***): Total Design Stonnwater Discharge Rate: 9.00 Feet, NGVD 4.60 Feet, NGVD 1.92 CFS 1.80 CFS ** As established by SFWMD Permit No. 11-oo453-S. ***Project Area Receiving Body: Lely Canal (Class ill Waters) ADD: SPECIFIC CONDITION 16: Prior to the commencement of any of the activities authorized by this permit, al1 exotic vegetation, including Brazilian pepper (Schinus terebinthifolius), punk tree (Melaleuca quinquenervia), and Australian pine (Casuarina equisetifolia) shall be eradicated from the first 100 feet of mangrove wetlands located adjacent to Shoreline Drive. AI1 exotic vegetation shaH be cut and removed from the wetlands using hand-held equipment in a manner that will minimize impacts to existing wetland vegetation and not cause rutting of wetland soils. Cut stumps shaH be treated annually as necessary to prevent regrowth with an appropriate systemic herbicide approved by the Department in advance. This area shaH be maintained free from exotics for perpetuity. ',"" SPECIFIC CONDITION 17: - The pennittee shal1 be responsible for ensuring that erosion control devices and procedures are inspected and maintained daily during all phases of construction authorized by this pennit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges. Pemñt Number: 11-0187492-002 Pemñttee: Collier County Public Works Page: 50f9 ' 16r.8 " SPECIFIC CONDITION 18: Staked filter cloth shaH be positioned at the edge of the permitted fiH slopes in order to contain turbid run-off and erosion. This filter cloth shaH be maintained in place until aU side slopes are completely stabiJized. Side slope stabiJization shall be completed as soon as possible, but no later than 72 hours of attaining final grade, and any other time as necessary to prevent erosion, siltation, and turbid run-off into wetlands and possible Waters of the State. SPECIFIC CONDITION 19: As mitigation for the 1.84 acres of permitted impacts, the permittee (1) has granted to the Department a 14.076-acre conservation easement over the remaining wetlands and adjacent uplands located on a portion of the property as shown on the attached drawing; and (2) shall grade down and replant a portion of the restoration area as shown on the attached pages. SPECIFIC CONDITION 20: The permittee shaH complete maintenance and monitoring within the planting areas of the conservation easement as detailed on the attached pages. SPECIFIC CONDITION 21: No trimming, burning, or removal of native vegetation shall occur within the conservation easement outside of what is authorized within the maintenance and monitoring plan as detailed on the attached pages. SPECIFIC CONDITION 22: An trash, debris, and deleterious materials are to be removed on a bi-monthly basis from within the conservation easement in perpetuity. SPECIFIC CONDITION 23: The permittee shaH perform semi-annual inspections and as necessary c1eanings of the two connecting culverts to be instaUed under the new entrance road. Both culverts are to remain .çu>en and allow flow between the conservation areas. An trash, vegetative debris, and sand/soH removed from the culverts are to be disposed of in an upland area that does not affect wetlands or waters of the State. -"~..~.,....._._--~--"....-_--,....- Permit Number: 11-0187492-002 Permittee: Collier County Public Works Page: ~ of 9 16 CB ~.. SPECIFIC CONDITION 24: Upon written notice to the Department 45 days prior to commencement of activities, the permittee shaH be aHowed to fix or repair the existing fence that currently surrounds the conservation easement. A]] repairs sha]] be conducted in a manner that minimizes impacts to the existing wetlands and does not result in an increase to the current footprint of the existing fence. If the permittee wishes to repJace the fence with a different structure, a forma] appJication to the Department wilJ be required. PERMIT DRAWINGS: A total of 15 drawings are added: (1) Eight (8) 8V2"X 11" reduced drawings, variously signed and sealed by MichaeJ Clough, P.E., on August 12, September 5, October 18, 2002; (2) 5 pages (# 16 - 20) of the Wetland Restoration Guidelines dated November 27,2002; (3) one 8lh "x 14" zone map to delineate the planting areas dated September 2002; and (4) one 8 Y2"x 14" copy of the conservation easement sketch dated August 2002 and are incorporated by reference and attached to this pennit, which represent the modifications to the permit. After thorough review by staff, the proposed modifications are not expected to adversely affect water quality and wilJ not be contrary to the public interest. Since the proposed modifications along with the above amended permit conditions and monitoring requirements are not expected to result in any adverse environmental impact and water quality degradation, the permit is hereby modified as requested; By copy of this letter and the attached drawings, we are notifying a]] necessary parties of the modification. This letter of approval does not alter the November 8, 2006 expiration date of the original permit, Specific or Genera] conditions (other than as described above), or monitoring requirements of the pennit. This Jetter and accompanying drawings must be attached to the original pennit. Please be advised that this permit does not constitute the issuance of a NPDES Stormwater Permit or acceptance of an NPDES Stormwater Po]]ution Prevention Plan. For additional information regarding this matter please contact Department personneJ in Ta]]ahassee at (850) 488-0130 or to]] free at (866) 336-6312. "\ This modification is hereby granted unless a timely petition for an administrative hearing is filed under SeCtions 120.569 and 120.57 of the Florida Statutes, before the deadline for filing a petition, The procedures for petitioning for a hearing are set forth below. Mediation is not availabJe. Permit Number: 11-0187492-002 Permittee: Collier County PubJic Works Page: 7 of 9 16CB A person whose substantial interests are affected by the Department's action may petition or an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below an must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-30ÒO. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this permit automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities under this permit until the deadlines noted below for filing a petition for an administrative hearing, or request for an extension of time have expired. Under Rule 62-110,106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests wí1l be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the Florida Administrative Code. In accordance with Rules 28-106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing by the applicant or any of the parties listed below must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. ~-, Under Section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for riotice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative -<.~-----'.'--- __._,___.____._____'''_"_.,,~.,_~._._'O______.~_._.<,.~. ___~__"""',.,~,."_.__.'''_'__'__.~'~~". n Peront~uß1ber: 11-0187492~ Peronttee: Collier County Public Works Page: 8 of 9 16CB -, hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based must contain the following infonnation: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address and telephone number of the petitioner; the name, address and telephone number of the petitioner's representative, if any which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; and (f) A statement of the specific rules and statutes that the petitioner contends require reversal or modification of the agency's proposed action; (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same infonnation as set forth above, as required by Rule 28-106.301. Under Sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. The action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This pennit constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68 of the Florida Statutes, by the filing of a notice ."- of appeal und~r Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk ofthe Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by Permit Number: 11-0187492-002 Permittee: Collier County Public Works Page: 9 of 9 1.r,r~ , the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Executed in Fort Myers. Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ~1)/ C4J1 Richard W. Cantrell Director of District Management RWCILAB/MRMIpa/jdm Attachments: 4 Pages 15 Drawings Copies furnished to: South Florida Water Management District, Fort Myers U.S. Army Corps of Engineers, Fort Myers, log # 2807 Collier County Property Appraiser CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk reby c;gifi that this permit, including all copies were mailed before the close of busines 0, ' 2003, to the above listed persons. FIL FILED, on this date, pursuant to § Section 120.57, orida Statutes, with the designated agent, ece' Lofwh'ch is hereby acknowledged. "~ 1~r.84W Form #62-343.900(3\. FAC, Form Title: Construction Commencement Notice Date: Oclober 3. 1995 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: I herèby notify the Department of Environmental Protection that the construction of . the surface water management system authorized by Environmental Resource Permit ' . No. has commenced I is expected to commence on 200_. and will require a duration of approximately months weeks days to complete. It is und~rstood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction. PLEASE NOTE: .Ifthe actual construction conunencement date is not known, Departrhent staff should be so notified in writing in order to satisfy permit conditions. Pennittee or Authorized Agent Title and Company Date Phone Address ·'·i ~ Form # 62-343.900(41. F.A.C. Form Title: Annual Status ReDort Date: October 3. 1995 ENVIRONMENTAL RESOURCE PERMIT ANNUAL STATUS REPORT FORM Florida Department of Environmental Protection Permit No. County: Project Name: Phase: The following activity has occurred at the above referenced project during the past year, between June 1, 19_ and May 30,19_. Permit Condition I Activity % of Completion Date of anticipated Completion ", (Use Additional Sheets As Necessary) Benchmark Description (one per major control structure): Date of Completion Print Name Phone '" Permittee's or ~uthorized Agent's Signature Title and Company Date This form shall be submitted to the above referenced Department Office during June of each year for activities whose duratiòn of construction exceeds one year. J8 ·1 ~ -,-,~,~".'."----'.'-'._. 1 6' , . 8 ~1 ~. C Form (161·343.900(5). F.A.C. Form Title: As-Built Certification bv a Rtl!istered Proreulonal Date: October 3, 1995 ENVIRONMENTAL RESOURCE PERMIT AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL Pennit Number: Project Name: I hereby certify that all components of this surface water management system have been built substantially in accordance with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) fTom the approved plans and specifications wiU not prevent the system fTom functioning as designed when properly maintained and operated. These detenninations are based upon on-site observation of the system conducted by me or by my designee under my direct supervision and/or my review of as-buiJt plans certified by a registered professional or other appropriate individual as authorized by law. Name (pleasè print) Signature of Professional Florida Registration Number Company Name Company Address Date City, State, L;ip,Code Telephone Number (Affix Seal) Substantial deviations from the approved plans and specifications: (Notè: attach two copies of as-built plans when there are substantia] deviations) "" Within 30 days of completion of the system, submit two copies of the fonn to: ~ Form #62-343.900(7). F.A.C. Form Title: ~eQuest for Transfer to Ooeration Phase Date: October 3. 1995 REQUEST FOR TRANSFER OF ENVIRONMENTAL RESO~~ ' PERMIT CONSTRUCTION PHASE TO OPERATION PHAS'¡ 0 C 8 (To be completed and submitted by the operating entity) ~ , Florida Department of Environmental Protection , , It is requested that Department Permit No. au~orizing the construction and operation of a surface water management system for the below mentioned project be transferred from the construction phase permittee to the operation phase operating entity. ' PROJECT: FROM: Name: Address: City: Zipcode: State: TO:' Name: Address: City: Zipcode: State: The surface water man,agement facilities are hearby accepted for operation and maintenance in accordance with the engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity. Enclosed is a copy of the document transferring title oftheoperating entity for the common areas on which the surface water management system is located. Note thatifthe operating entity has not been previously approvèd, the applicant should contact the Deparbnent staff prior to filing for it permit transfer. The undersigned hearby agrees that all teri:ns and conditions of the permit and subsequent modifications, if any, have been reviewed, are understood and are hearby accepted. Any proposed modifications shall be applied for and obtained prior to such modification, ' Operating Entity Name Title .,'\ Telephone ~ Enclosure: () Copy of recorded transfer of title surface water management system () Copy of plat(s) . 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I S ¡ ,f)) , .... -.... ~ ,---- - ....". ...., ._/ ............ ..... .. - ..- . . .~~ ..." í ". I ~d I I .. I II i ! i ~ . I , I ~ , r. ., ...... ...... 0 "'û D 1-" 00 m m -.....1 :XJ .þ- i: "D ~ ::¡ f"',: =# c: c:' l': I º. 1= I i; III .~ .11 Iii I' I I ,. :~ ~ >¡ I ~ I· ! I' I ¡ nÞ ¡: , ¡ E & E .8 . . J n . I x j: -!p JJ~ ~ :1111 ii iìlf~ ~I¡~f ¡h.lgl r-- -- , I f J I , I \ I ~ I to 0T f . tnJ I I I ' I I I _.~ _.~ ........ I I . .. þ .- pi .r.. I . - I I ........ - ... _PI..'" ....... ...J 8 ~ . I"'~ ~ . 1-" ..... 0 C .... "'\J 00 m I. m ........, ~ '1:J b- == -c .- -I f': =u: c: c C"-: .8'~" t-" Þ-'" 0 ..., 1- m I 00 ::ø ....... :s: ';¡ Ii .þ- :¡ ...c r-.: =#I: III c c I': M I Southern Biomes, Inc. 16 8... ~ Division of Environmental Services . (\ ;1 1602 Woodford Ave., Ft. Myers, Fl33901 - mall to: P.O. Box 50640, Fort Myers. l.., Ph: (239) 334-6766 Geza Wass de Czege. President Fax: (239) 337-5028 ERP Report for South County Water Reclamation Facility Sec. 20, T50S, R26E. St. Andrews Blvd., Collier County, FL Revised Date: November 22, 2002 12.61 Acres of Wetlands Enhancement and 0.18 Acres of Uplands Preservation Maintenance GuideHnes: 1. Conduct a baseline survey of vegetative representation and percent of exotic species invasion along established transect lines at intervals no greater than 150 ft. apart, or as designated on the mitigation plan. 2. Manually remove or eradicate all exotic vegetation, including but not limited to Brazilian pepper, ear-leaf acacia, Chinese climbing fern, downy-rose myrtle, Australian pine, and melaleuca, and treat stumps with a recommended herbicide within 15 minutes after cutting. 3. Large exotic trees which could damage native species if removed (i.e.: slash pine, cypress, cabbage palm, wax myrtle. swamp bay, dahoon holly), are to be herbicide injected and left standing. - 4. Maintenance will be conducted in perpetuity to ensure'that the preserve/enhanced wetlands and uplands are free from exotic vegetation (as currently defmed by the Florida Exotic Pest Plant Council) immediately following maintenance and that exotic and nuisance species will constitute no more than 5% of total cover. 5. Maintain a semi-annual exotic plant control the fIrst year, and an annual control thereafter, in perpetuity, to treat the exotic vegetation resprouting with an approved he:r,-bicide, and manually remove any seedlings, Conduct activities during the winter and spring dry season. . 6. Provide the FDEP & ACOE with an annual roonitoring report, for 5 years, including a qualitative narrative describing the vegetative changes and wildlife activitieswit1ùn the mitigation area. Include the following: a. Provide three fixed point photo station' panoramic photograph analysis at each end of the flowway. b. Narrative report of exotics re-invasion. and removal success. c. Exotic maintenance success data including quantitative data, natural recruitment success, exotic invasion, general condition, and recommendations.' d. Narrative report of typical and unique wildlife utilization, 7. Mitigation success criteria are as follows: a. The area is maintained, in perpetuity, in such a manor as to ensure that the preserve area will have no more than 5% total coverage of exotic and nuisance "'\ plants, as defined by the Florida Exotic Pest Plant Council (including but not limited to. melaleuca, Brazilian pepper, Australian pine, ear-leaf acacia, old world climbing tern, downy-rose myrtle, cattails, torpedograss, primrose willow, & caesarweed). b. There is a continual increase in indigenous wetland species composition within the exotic removal areas throughout the five year monitoring period. RECEIVED PERMIT # 11 0187492 uu~ D EP - 16- NO'V l. 7 2002 '\ D.EtP! <> South District Southern Biomes, Inc. Division of Environmental Services 1602 Woodford Ave., Fl Myers, Fl33901 - man to: P.O. Box 50640, Fort Myers, Fl339 Ph: (239) 334-6766 Geza Wass de Czege, President Fax: (23 3 ERP Report for South County Water Reclamation Facility Sec. 20, T50S. R26E. St. Andrews Blvd., Collier County, FL Revised Date: November 22, 2002 2.22 Acres of Wetland Restoration and 0.08 Acres of Wetland Restoration Area Maintenance Guidelines: ., :0 1. Conduct a baseline survey of vegetative representation and percent of exotic species invasion along established transect lines at intervals no greater than 150 ft. apart, or as designated on the mitigation plan. 2. Place siltation and erosion barriers between the viable wetlands and the restoration areas that will have mechanical clearing or will be excavated. 3. Large exotic trees which could damage native species if removed (i,e.: slash pine, cypress, cabbage palm, wax myrtle, swamp bay, dahoon holly), are to be herbicide injected and left standing. 4. The restoration areas will be scraped and regraded to no greater than 1.5' below mean high water (MHW) to mimic adjacent wetland elevations. Prior to excavation the top 8-12" of topsoil will be scraped and stockpiled within a portion of the restoration area, and respread over the area after excavation. ' 5. The excavated areas will be planted with indigenous wetland vegetation. Plantings will consist of species such as cypress, dahoon, pop ash, red maple, and pond apple trees at 20' centers; buttonbush, swamp dogwood, elderberry, and wax myrtle shrubs on 10' centers; and pickerelweed, arrowhead, fIre flags, bulrush, spike nIsh, soft rush, maiden cane, and swamp fem at 3' centers. Approximately 149 b-ees, 477 sh.riIþs, and 6,120 herbaceous plants will be planted, 6. Maintain a semi-annual exotic plant control the fIrst year and an annual control thereafter, in perpetuity, to treat the exotic vegetation resprouting with an approved herbicide, and manually remove any seedlings. Conduct activities during the winter and spring dry season. 7, Within 45 days following completion of the mitigation activities conduct a Time-Zero monitoring report with photo station panoramic photos, number and types of plants installed, and a location map of photo stations and transect lines. 8. Provide the FDEP with an annual monitoring report, for 5 years, including a qualitative narrative describing the vegetative c~anges and wildlife activities within the mitigation area. Include the following: a. Provide three fixed-point photo station' panoramic photograph analysis at each ""\ end and the middle of the restoration area. . b, Narrative report of plant survival, revegetation success, and exotics removal success. :. c. Exotic maintenance success data including quantitative data, natural recruitment success, exotic invasion, general condition, and recommendations. d. Narrative report of typical and unique wildlife utilization. RECEiVED PERMIT # 11 018749l UUl D EP NO\! l 7 2002 - 17- D.EI'? ~ South DIsbk:i. Southern Biomes, Inc. 1 g C 8 ..., Division of Environmental Services. ' 1602 Woodford Ave., Ft Myers, FL 33901 - mall to: P.O. Box 50640, Fort Myers, FL 33 94 ,1 Ph: (239) 334-6766 Geza Wass de Czege, President . Fax: (239) 337-5028 ERP Report for South County Water Reclamation Facility Sec. 20, T50S, R26E, St. Andrews Blvd., CoJlier County, FL Revised Date: November 22, 2002 2.22 Acres or Wetland Restoration and 0.08 Acres or Wetland Restoration Area Maintenance Guidelines (cant.): 9. Mitigation success criteria are as follows: a. There is an 800h or greater survival of planted species, with an 80% areal coverage. b. The area is maintained free of exotic plants (included but not limited to melaleuca, Brazilian pepper, and Australian pine) and the areas will be exotic free immediately following treatment and at no time shall exotic and nuisance (included but not limited to cattails, torpedograss, and primrose willow) species exceed 5% total coverage. c. There is a continual increase in indigenous wetland species composition within the exotic removal areas throughout the five year monitoring period. '.C\ ;. PERMIT # 11 01 8 7 4 "it. u u ;; D EP RECEiVED - 18 - NOV 2 7 2002 IllE.P, ~ South District Southern Biomes, Inc. Division of Environmental Services 16 1602 Woodford Ave., Fl Myers, FL 33901 - mall to: P.O. Box 50640, Fort Myers, FL 33994 8 Ph: (239) 334-6766 -' Geza Wass de Czege, President . - Fax: (239) - 8 ERP Report for South County Water Reclamation Facility See, 20, T50S, 1U6E, Sl Andrews Blvd., Collier County, FL Revised Date: November 22,2002 Mitigation Area Plant Selection List: Herbaceous Vegetation: At least five (5) species of herbaceous vegetation are to be used in the planting. The plants are to be planted on three (3) foot centers, clustered at greater densities in some areas, and a minimum of two (2) inch-sized liners are required .at planting. Zonet A/B B/c B/c A/B B A/B B/C B B/c B/c B/c B/c C A/B C f Common Name leather fern lemon bacopa water hyssop swamp fern canna lily sawgrass spikerush spider Jily maidencane pickerelweed beak-rush arrowhead bull rush sand cordgrass fire flag (arrow root) Scientific Name Acrostichum spp. Bacopa CC1roliniana Bacopa monnieri Blechnum senulatum Cannaflacdda aadium jamaicense Eleocharis spp. Hymenoca1lis latifolia Panicum hemitornon Pontederia' oordata Rhynchospora spp. Sagittaria spp. Scirpus spp. Spartina bakeri Thalia geniculata Shrubs: There shall be at least three (3) species of shrubs used with a spacing of at least ten (10) feet on center. The shrubs are to be clustered, with a minimum height of 24 inches, and in one (1) gallon containers at the time of planting. Zope A/B A/B A C A/B Common Name button bush St. John's wort wax myrtle Pond Apple Elderbeny Scientific Name CephaIanthus occidentalis Hypericum spp. Myrica œrifera Annona glabra Sambucus canadensis Trees: There are to be at least four (4) species of trees used and clustered at a density equivalent to twenty (20) feet on center, at least 4' high, and in three (3) gallon containers at time of planting, with no less that 10% ~8 feet high. "\ Zone A/B Ala A B/C A A A B/C A/B ~ Common Name red maple swamp dogwood dahoon holly pop ash slash pine laurel oak cabbage palm cypress Swamp Bay Scientific Name Aœr rubrum Comus foerTÚna Rex cassine Fraxinus caroliniana Pinus elliotii VaT. densa Quercus laurifolia Sabal palmetto Taxodium spp. Pei-sea Palustris I Zone A [approximately] 5% of area] consists of planting areas above mean high water (M.H. W.), ZtfI~.WED [approximately 60% of area] consists of areas fi'om M.H. W. to -0.5' below M.H,W., and Zone C [aþ)f~IIŒft,., ] 5% of area] ~s from 0.5' to 1.5' below M.H. W. PERMIT # 11 01874Y! lJÙ( n &:D NOV 1 7 2002 - 19- {tlE~ rJ Sotdh District Southern Biomes, Inc. Division of Environmental Services 1 L~~ . '$1 1602 Woodford Ave., Fl Myers, Fl 33901 - mall to: P.O. Box 50640, Fort Mye (j) 1 Ph: (239) 334-6766 - Geza Wass de Czege. President - Fax: . (2 -5028 ERP Report for South County Water Reclamation Facility Sec. 20, TSOS, R26E, 81. Andrews Blvd.. Collier County. FL Revised Date: November 22. 2002 Estimated Work Schedule for Wetland Mitigation: A work schedule is attached with estimated dates to conduct the various mitigation activities. However, it should be noted that these dates are approximated, and may vary, depending on permit approval, other agency permits, and contractor scheduling. A revised schedule will be submitted at the earliest date possible, should the schedule change. 1. 2/15/03 2. 2/25/03 3. 3/15/03 4. 3/01/03 5. 3/15/03 6. 5/15/03 7. 6/01/03 8. 6/15/03 9. 4/16/04 10. 9/30/04 11. 4/ 16/05 12.< 9/30/05 13; 4/16/06 14. 9/30/06 15. 4/16/07 16. 9/30/07 17, 4/16/08 18. 9/30/08 Estimated Work Schedule Commence with installation of preserve area barrier fence. Commence with baseline vegetation survey & photo analysis. Submit baseline monitoring repõrt. Commence exotic plant eradication within preserve. Grade wetland restoration area & revegetate Conduct follow up exotic eradication. Commence with time zero monitoring survey as specified. Submit time zero monitoring report. Commence with first annual exotic plant removal program, Submit frrst annual monitoring report. Commence with second annual exotic plant removal program.. Submit second annual monitoring report. Commence with third annuà1 exotic plant removal program. Submit third annual monitoring report.' Commence with fourth annual exotic plant removal program. Submit fourth annual monitoring report. Commence with fifth annual exotic plant removal program, Submit fUth and last annual monitoring report. 4.3.4 Monitoring Requirements for Mitigation Areas Applicants shall monitor the progress of mitigation areas until success can be demonstrated as provided in subsection 4.3.6. Monitoring parameters, methods, schedules, and reporting requirements will be specified in permit conditions. Response: See #6 in the preservation guidelines and #8 in the restoration t,", guidelines for the responses provided for 4.3.3 above PERMIT # 11 01874t( UÙ( D EP ;. RECEIVED NOV Z 7 2002 - 20- [lE.~ r> South District , , :¡. . __.._ ",,,,,,"',.-<R_'" ---.-"...-- - ,-_._~... --_:..:~......:_.----_._..._,._._---~~~'---------'_.- .-.,---- .~~.-~,-,...._- -~ , . . ../..,;.-' i /~ .- o ~~~ ~~-!:~ ©~;,/rI CC~~C~~~~~~~~r~~~ r , Õ~w~.~.~N~Õ.O~.~.tN~~ ¡ ."." 00 œo ."." QQ %% -i-i ï ~~ T1 œo - ""0 ..." 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Naples, Florida 34104 · 239-659-5744 · Fax 239-643-6968 www,co.collier.flus Michael Clough, P.E. Hole Montes __ 950 'Encore Way Naples. FL 34110 254-2000 RECEIVED APR 2 7 Z004 HOLE MONTES, INC. Re: Final Site Development Plans Approval SDP A-2003-AR-5014 "South County Water Reclamation Facility" Project Number 2001060052/ SDP#87-13 _ Dear Mr. Calough: THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE! Engineering Services Department has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving and drainage aspects of the -- project subject to the following stipulations: 1. General Conditions a) CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE-REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION AND THE LIKE. b) A preliminary inspection and approval of the infrastructure for multi-family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. c) Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. d) alease call Mr. Don Nobles at 403-2391 to schedule a pre-construction meeting a minimum of 48 hours prior,to start of construction. ... e) All construction activities permitted by this letter shall only occur during the following times: 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: c o l~~ c T c o ... H t. Y i ) , Page 2 South County Water Reclamation Facility - 16CB'" ¡, New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day f) The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. g) Upon completion of the infrastructure improvements associated with a site development plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in Section 3,2,6.5.3 of this code including electronic disk. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued 2. Subdivision All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. 3. Environmental Site clearing is conditioned to the stipulations contained on the approved site plan. 4, Water Management a) All work shall be in accordance with applicable State or Federal rules and regulations. b) Work area shall be properly barricaded with hay bales and/or silt screens during the entire time of construction, to prevent any siltation during construction. c) The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. d) This project was permitted by SFWMD. 5, Addressing Pursuant to Ordinance No. 99-76, no proposed subdivision, street, building, condominium or da)(elopment may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the naMe of the subdivision. Any changes to the project name shall be reviewed and approved by Community Development and Environmental Services Addressing Department. .,- c ) J Page 3 South County Water Reclamation Facility 16CB 1 6. Fire Protection a) Please note that prior to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 14' wide) must be available to within 100' of the structures. b) No fire appliances shall be obstructed, visually or functionally, by vegetation. 7. Transportation The sidewalk needs to be continued east of the driveway for the length of the property. The drive will need a crosswalk and the stop relocated 4' behind the stop bar. See attached inspection checklist for SOP improvements. Two (2) sets of approved plans are being returned herewith for your use, Two copies of approved SOP shall be attached to each set of building plans submitted. Two cooies of the stamped approved Architectural Plans shall be submitted with the Building Permit Application. If this is a simultaneous submittal it is the applicant's responsibility to ,_. Insert the approved architectural plans Into the Building Department permit set Be advised that this approval automatically expires twenty-four (24) months from the date of this letter _ pursuant to Collier County land Development Code Section 3.3.8, Please call me if you have any questions or need any additional information. H:Engineering-lnspections Letters/Final Site ApprovalsfTEKlSSljp/ cc: AbetSkinner, Property Appraiser (w/attach.) Don Nobles, Engif1eering Inspections Supervisor (w/attach,) Ivette Monroig, Plånning Tech. Mitch Riley, P.E., Principal Project Manager Ross Gochenaur, Project Planner Customer Servicesl Addressing (w/attach.) SOPA-2003-AR-5014, (w/attach,) Engineering Reading File VI. SDP Specific J. ~ 2. ~ ~J . 3. / ',,\ } . t 6 C 8 "'1 ProjectN.me~tt-. (J-.,.i\ IA)~ ~L.~L ~~ u', Site Development Plan (SDP) Å. ~,.. ~o \.4 Handicap parking location. markings, access aisles, ramp to building, signs, etc. Driveway and parking aisle widths, radii Right-of-way pennit conditions, cuJven, swaJe, swale restoration, sidewalk, etc, 4. N-A- Par:king Jocation. wheel stops, dimension / Traffic control signs, striping / Site grading / AU storm structures and aU drainage piping clean and ftee of debris 5. 6. 7. 8. IJ A- Landscape, as per pJan / Exotic Removal 9. 10. H:IEngiDecriua FormtISDP Specific CbeckIist 16CB f EXHIBIT l PLANS AND SPECIFICATIONS PREPARED BY Hole Montes AND IDENTIFIED AS FOllOWS: South County Water Reclamation Facility Wetlands Restoration AS SHOWN ON SHEETS 1 throuah 6 WS-CA-L-1 Bid No. 05-3736R - South County Water Reclamation Facility Wetlands Restoration -- 5 o > z:::l ~O snZ ~ > ." . o fTl o fTl ~ rn fTl ::::0 ... 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WCÐ ......-@ (JQ0. e:.¡:., g; (':> 0. o C1) ::; ::; ....CI> ¡:., ...., s'~ CÐ .., en ~ n g~~:8 il~~ ~ ~o g o = V) ~ Ø:I ::g S 'J.J CÐ - CÐ Q. 8' ~ ;t rf") ;t~~ ~;¡:g¡ .... ~z . !ùC'l ~ Gi "'!. ~ Gi ~ ( ~ ~ ~~ ~~ C) ~ ~~ ~~ C) ~ ( § z ., I ~~ I ~ I ¡ ~ ~J,1 ~ ; ~ ¡ ~: ~ ! I~ ~I ': ~~ ~ ~ h i ~ : ªi ! ~ ~ ~ ~III III l; ~ t ~ ~ ~ T:: - 2: r u ~ ¡ ¡§ ~ i i ~ Ii ~ ìl ~¡ :a I"' ~ i I I fi Q ij ~ "1J ª,..,,8" -(5';Z g ... .. Q () ~. ii% g: g-n.....cn m = !-;::;.." =8 Z:;¡~;~ ?£.wt'O ~$"~~~ ;:::jg. 8ô~ ~ I" ~ ~ O! ~ I s I I i I I ; I CIt~8~11 ~ i ::~ fa 2 ~ '" :ID .. 8 ill ~ I!; ~ II i iø ~ II ~. \ \ II r)\ I(~ \ \ II, \\~ \I~] \' ~~ q :" I :ID ." ží øl ~ J!i '<E E I :ID ! i I I~ -ca I ~ å ::I i I ~ I III CD I I I .. '" II i. i~ ..'" II I'" i $ :¡ '" J jII; ~ I" NNN~~~ ~¡¡¡I:¡~!:¡~ > ;::~~~b!" <II ~~"'''I''I~ (") ~::,.:".. P' ~ :"1o~$1if"" 0 c "'~ ' .."I ): :: ~:""P' ~ '"' ::0 ~~~~~Cj '" :2 "1J t: t::"..... . .. fT1 ":~"'-:"i~ ~¡r.~"'~ J: 'I . I!j "I f; . II ~ijij~~~ z ..---",~ N- ~ "'iIE ~~~~ > ....gH..~ ", :....' i <II E "''~ . "'0 ...¡ "II"'" (5 ~~~~ 0 ~ ~~~g '" ~ "I... fT1 ¡~~~ .. ~~~~ J: c¡;;¡;;¡;; z -:~'1~ t I !i .. i ... . ;0 '" G WIDTH rf' ÞBtNE [ ;/\\ ,,~ '" \ "'~ I IE I III . I I I .. I · o .., I!. ~ i ~ =& '" S I I I UI ~ ~ ~ ~ ~ 1fI tt ~ ~~ i ¡ ~~ ¡I;~ ~ ! aM ~I i i II! 3 :1 ¡ III ~: i ~ iii ..~ I:! I ~ h i~ i t>11i ~.. z ¡Õ-< z ~ ::Jill !> ~ . S ; ",; ¡;; j I i ~ I i!i I Ii ~ .. ¡. f:I I .. ::J ;~ f:I~ ~~... ~~ ~ ~ ~ i ~ I .... ,0' v~ en j .-.... MEMORANDUM Date: February 9,2005 To: Amanda Townsend Operations Coordinator, Parks and Rec. From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Entertainment Contract 7th Annual Country Jam March 11 & 12,2005 Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, February 8, 2005. An orignal of the document will also be held in the Minutes and Records Department. If you have any questions, please call me at 732-2646 ext. 7240 Thank you. Enclosures (3) 16D2 I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in roulin order) 1. ¡¿; ¡Ù; SrcS' 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number ð Number of Original Documents Attached C~e 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to th.eBoard-and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2, 3. 4, 5, I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04 Yes (Initial) N/A (Not A licable) WilliAM MORRIS AGENCY, I~. I >OOOC 16 D 2 Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 Telephone 615-963-3000 Facsimile 615-963-3090 AFM Ut."!:NSE No.2 RIDER A IT ACHED HERETO HEREBY MADE APART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO.2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made DEC 16 04, between COlLIER COUNTY PARK & RECREATION DEPARTMENT/Collier County Board of Comm. (hereinafter referred to as "PURCHASER") and CLAY WALKER (hereinafter referred to as "ARTIST") whose services are furnished by E,C, Enterprises. Inc. (hereinafter referred to as "PRODUCER"). It is mutually agreed between the parties upon all the tenns and conditions herein set forth, including those on the reverse side hereof entitled "Additional Tenns and Conditions," as follows: I. Place of Engagement: Vineyards Community Park 6231 Arbor Boulevard Naples, FL Scaling: IS'DÙ 8.000 @ $ J.2.:6O Capacity: 8,000 Gross Potential: Tax: Net Potential: ~oo 0,00000 l'2ðJDOO $~(Not to exceed) Outdoor Show/Covered Stage Rain or Shine 2. DA TE(S) OF ENGAGEMENT: Sat MAR 1205 - Ad Break: February I. 2005 TEA Local Support (open) Dierks Bentley (pending) CLAY WALKER (close) a. Number of Shows: I b. Time of Show(s): 8:00 PM c. Length of Each Show: 60-75 minutes 3. BILLING: (In all fonns of advertising) Artist shall receive 100% Sole Headline Billing 4, FUlL PRICE AGREED UPON: $ 35.000 (Thirty Five Thousand) FLAT GUARANTEE Purchaser to provide and pay for sound and lights as required by Artist. Purchaser to contact Bill Young Productions for ad mats (281-240-7400). No other advertising is pemùtted. Purchaser to provide ticket counts to the William Morris AgencylNashville on Mondays and Thursdays, Counts should be called in to 615-963-3381 or e-mailed to nashticketcounts@wma,com by 12:00 Noon CST on ticket count days, Artist agrees not to perfonn at any publicly advertised engagement within a 100 mile radius, 120 days prior to this engagement. Purchaser shall provide and pay for all tenns and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval. Merchandising Rate(usell) 0.2000 Merchandising Rate(neg) Artist Sells c.~ ~ ~ '()Xl- 5, All payments shall be paid by PURCHASER in US funds by SI!òR'ffÁË9.Q;~ ^ ~urnÐ'~ CliP('J( 'Jf CkSH as follows: a, NO DEPOSIT is required, b. FUlL PAYMENT in the amount of $35.000 shall be paid to and in the name of the PRODUCER: E.C. Enterprises, Inc. fls/o CLAY WALKER not later than immediately prior to the first performance, c. Earned percentages, overages and/or bonuses, if applicable, are to be paid to PRODUCER by CASH ONLY immediately following the last show, d. In the event the FUlL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages. and the actual gross box office receipts from the engagement exceed the gross potential as stated in Paragraph I. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following the last perfonnance. ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written, , ~ J' " E.C. Enterprises, Inc, l' by: . ' ~ ' .::.(t E,C. Enterprises. Inc. , Ark 0 ,CHI 1 k . 300 10th A venue South ~ CJIIIa+.... 1", ~n, Slashville, Tennessee 37203 BOAR];) ðF'L~N~~~~SSION¥RS COLL UN' 'FIlORIDA .::, Return all signed contracts to WIILIAt. t W ' By: ' . ATTEST: '... ,... . -' Fed, ID #62-1541049 1098513 Item.'~t},~ _".... ,,___~__ ':i.'i Agenda i1fé'!'ß'-''-=,\~ 0/. ~ "'v ~~- Date :; ", ;k ~,q ...Ó~· Approved as to form and '@./'/ obert Za a~ / Assistant County Attorney ,,'red Coyle. c;h:µ\'rl'Îan f (,6. ~wh~éver.the term "Federation" is used herein it shall mean the American Federation of Musicians of the u16tn2 , ,Çar¡ada. Wherever the term "Local Union" is used herein it shall mean the Local Union of the Federation with jurisdiction over the "territory in which thE! engagement covered by this contract is to be performed. 7. No performance of the engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. 8. It is expressly understood by the parties hereto that neither the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in 7 above, and therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof. 9. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by the contract for purposes of communicating with the ARTIST(s) performing the engagement and the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to furnish and pay for at its own expense (a) on the date and at the time of the performance(s) above- mentioned all that is necessary for the proper presentation of the entertainment presentation, including without limitation a suitable theatre, hall or auditorium, well-heated, ventilated, li~hted, clean and in good order. stage curtains. properly tuned grand piano(s) and public address system in perfect working condition Including microphone(s) in number and quality required by PRODUCER, dressing rooms, all necessary electricians and stage haìids, all lights, tickets, house programs," . . ~ special police, ushers, ticket sellers. ticket takers, appropriate and sufficient advertising in the principal newspapers, ( qll.I~ie feyaltie3 iF! eeAA9Qtion '''it:¡ pnODU8E¡;;j'i "'1'9 gf musil::, and in addition, the costs of any musicians (including Contractor) other than those furnished by PRODUCER as part of PRODUCER's regular company, (c) all amusement taxes, (d) if PRODUCER so requires, all necessary facilities, electricians, stage hands and other personnel for lighting and dress rehearsals, and (e) all other iterr.:o and personnel (including but not limited to any and all personnel, including musicians, as may be required by any national or loè¡;tl union(s)) required for the proper presentation of the entertainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which PRODUCER herein specifically agrees to furnish. PRODUCER shall have the right to name the local music contractor and to approve the musicians hired locally. 2, In the event of sickness or of accident to ARTIST, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult. strike, epidemic, interruption in or delay of transportation services, war conditions or emergencies or any other similar or dissimilar cause beyond the control of PRODUCER, it is understood and agreed that there shall be no claim for damages by PURCHASER and PRODUCER's obligations as to such performances shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph. if ARTIST is ready, willing and able to perform, PURCHASER shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to PRODUCER hereunder, shall be returned on a pro-rata basis, 3. Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon compensation shall be made notwithstanding. If PURCHASER and PRODUCER disagree as to whether rendition of performance(s) is impossible, not feasible or unsafe because of inclement weather, PRODUCER's determination as to performance shall prevail. 4. In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated, and/or fails to make any of the payments as provided herein. PRODUCER shall have the right to refuse to perform this contract. shall retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. In addition, if. on or before the date of any scheduled performance, PURCHASER has failed. neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit of PURCHASER has been impaired or is in PRODUCER's opinion unsatisfactory, PRODUCER shall have the right to demand the payment of the guaranteed compensation forthwith. If PURCHASER fails or refuses to make such payment forthwith, PRODUCER shall have the right to cancel this engagement by notice to PURCHASER to that effect, and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. 5. The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order. form, size and prominence as directed by PRODUCER in all advertising and publicity issued by or under the control of PURCHASER. ARTIST's name or likeness may not be used as an endorsement or indication of use of any product or service nor in connection with any corporate sponsorship or tie-up, commercial tie-up or merchandising without PRODUCER's prior written consent. 6. PURCHASER shall not itself nor shall it permit others to record, broadcast, televise, photograph or otherwise reproduce the visual and/or audio performances hereunder, or any part thereof. 7. PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limited to. articles of clothing (i.e.. T-shirts, hats, etc.), posters. stickers, etc,. on the premises of the place(s) of performance without any participation in the proceeds by PURCHASER subject, however, to concessionaire's requirements, if any. 8, Unless stipulated to the contrary in writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder without liability by giving the PURCHASER notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. PRODUCER shall also have the right to terminate this agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days. 9. PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder as well as the means and methods employed in fulfilling each obligation of PRODUCER hereunder in all respects and in all details, PRODUCER shall have the sole right, as PRODUCER may see fit, to designate and change at any time the performing personnel other than the ARTIST(s) specifically named herein. 10. PURCHASER agrees (a) to comply promptly with PRODUCER's directions as to stage settings for the performance hereunder, (b) that no performers other than those to be furnished by PRODUCER hereunder will appear on or in connection with the engagement hereunder, (c) that no stage seats are to be sold or used without PRODUCER's prior written consent, and (d) that the entertainment presentation will not be included in a subscription or other type of series without the written consent of PRODUCER. 11, It is agreed that PRODUCER signs this contract as an independent contractor and not as an employee. This contract shall not, in any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the parties hereto, nor make PRODUCER liable in whole or in part for any obligation that may be incurred by PURCHASER in PURCHASER's carrying out any of the provisions hereof or otherwise. 12. Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder. If there is any conflict between any provision of this Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified. or limited only to the extent necessary to eliminate such conflict. PURCHASER agrees to comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials, facilities and personnel to be furnished by PURCHASER. 13. In the event of any inconsistency between the provisions of this contract and the provisions of any riders, addenda, exhibits or any other attachments hereto, the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control. 1 , ereb indemnifies and holds PRO . , . sen a IV s, tr1. principals, employees, . and director ess n loss, damage or expense, including reasonable attorney's "'.... fees. incurred or suffered b or . ODUCER or ARTI 0 e~Oing in connection with or as a result of any claim for perso ,. or property damage or otherwise brought by or on behalf of any t Ira party persoll, lilt " sr e~·poríltiQA QE¡ a result of or . nection with the engagement, which claim does not result from the active and willful negligence of the ARTIST and/or P R. 15. William Morris Agency, Inc. acts herein only as agent for PRODUCER and is not responsible for any act of commission or omission on the part of either PRODUCER. ARTIST or PURCHASER. In furtherance thereof and for the benefit of William Morris Agency, it is ~~Q[~,ç!,,!tJ.éil,Q~i.th,~r..F?URCHASER nor PRODUCER will name or join WiIIi~m Morris Agency as a party in any civil action or suit arising out of. In connectioll: with, or related to any act(s) of commission or omission of PURCHASER, ARTIST or PRODUCER, 16.. This Contract (aHcannot be assigned or transferred without the written consent of PRODUCER, (b) contains the sole and complete understanding of th~ parties hereto and (c) may not be amended. supplemented, varied or discharged, except by an instrument in writing signed bybqth parties, The validity, construction and effect of this contract shall be governed by the laws of the State of Tennessee, regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF ~ WARRANTS HIS/HER AUTH@~ TO DO SO, NJO ðUCH P["~VN HI:HI:I:IY -,I:H:,OI~ALL y AS~UMEg LIABILITy FOFl TII~ oJ. ~F'A I fýJErff OF ;:'AI~nlvE II . The terms "PRODUCER", "ARTIST" and "PURCHASER" as used herein shall include and apply to the singular, the plural and to all genders, (1/1/94-AFM) · 16D2 as of DEC 9 04 CLA Y WALKER Musician Names: (Social Security #, AFM#) -------------------------------------------------------- '- --------------------------- E.C. Enterprises, Inc., Fed. 10 #62-1541049, (Leader) Clay Walker Local 257 Landon Taylor Local 257 Van Rentz Local 257 Ken Smith Local 257 Harry Smith Local 257 Curt Walsh Local 257 i Downs Thompson Local 257 Rex Wiseman Local 257 -"'-' ---,-~ 1602 CLAY WALKER 2005 CONTRACT RIDER Booking Agency William Morris (615) 963-3000 Office Steve Hauser Management TBA Entertainment (615) 255-1326 Office Kyle Frederick =~ (615) 254-4267 Fax Publicists Rubin Media (615) 298-4400 Office Ronna Rubin Rubinmedia1 @aol.com Record Company RCA Records (615) 301-4444 Office Tour Manager Davis Chalmers (713) 302-8604 Mobile Production Mgr. Bruce Dare (713) 628-5388 Mobile Lighting Designer/Director Merchandising Brian Honeycutt (817) 247-5843 1 - ' 16D2 CONTRACT RIDER This rider attached hereto and made part of this contract dated , between CLAY WALKER (hereinafter referred to as "ARTIST") and (hereinafter referred to as "BUYER") for an engagement at In on 1. The items requested in this rider are necessary' in order to provide the -best possible show for the BUYER. 2. Buyer warrant that he/she has the right to enter into this contract and is of legal age. BUYER shall initial each page of this rider and understands that in the event of a breach by the BUYER of any terms of this contract, CLAY WALKER shall not be required to perform. a. All payments by PURCHASER to ARTIST are required to be made under and pursuant to this agreement. Payment is to be made in the form of cash, certified check or cashier's check on the night of the engagement prior to performance. If this is not done, ARTIST may cancel the performance and will still be entitled to all payments including percentages, if applicable, unless prior arrangements have been made in writing and agreed upon by the ARTIST or ARTIST'S REPRESENTATIVE. b. In cases wh e re ARTIST IS being paid on a percentage , PURCHASER agrees to deliver to ARTIST'S designed repres e, prior to performance, a notarized printer's manifest of the ho otarized and signed statement from the printer of the tickets, listing am tickets printed on each price.) PURCHASER further agrees to have all un Ickets on hand at place of performance, night of show, for counting verificat' y ARTIST or his representative. ARTIST shall be compensated for the dif nce between the number of unsold tickets shown by ticket manifest witho gard to the actual number sold less complimentary tickets approved by A T or his representative. If PURCHASER violates any of the above stated sf ations, it shall be deemed that PURCHASER has sold a ticket for each seat at est ticket price. c. PURCHASER may not sell tickets for seats located where stage and equipment on stage obstructs normal eye-level viewing of ARTIST'S performance, unless location of seat is clearly indicated as "OBSTRUCTED" on ticket. ARTIST'S manager must pre-approve sale of obstructed tickets. A lTEST: h . , . , . By: RtèQ Cov k, éÞf.i{n;an ~ , , ,. t I ,.---...-....-.,...., .~.--,--~' ,- ._---_.._- 1602 d. Any balance due on a percentage computati ross or et will be paid immediately after the closing of the box office. Ime of percentage computation of Gross or Net, a ticket printer's manife m a bonded ticket printer and a detailed box office statement will be to ARTIST'S or ARTIST'S REPRESENT A TIVE. Expenses previously roved by ARTIST or ARTIST'S REPRESENTATVIE incurred by PURCHAS representing this show must have documentation of bills (receipts, cks, etc.). e. The above described box office statement may also be re uired by ARTIST even in situat' pensa Ion does not included a percentage partic' 3. CONTRACT ALTERATION - a. It is hereby understood and agreed that the PURCHASER shall not add to, delete from or make any alterations in the contract or rider without prior communication and written agreement from ARTIST REPRESENTATIVE. b. This agreement cannot be assigned to any other person, firm or corporation. . c. Under no circumstances will the venue be changed or moved without written consent of ARTIST or management. Any attempt to violate this provision will be considered a contract alteration. 4. ADVERTISING a. BUYER shall only use approved photographs and images as supplied by ARTIST'S representative. All radio, print & TV spots are to be produced by Bill Young Productions, (281) 240-7400. b. There shall be no signs, placards, banners or any advertising material on or within fifty feet (50') of the stage without written approval. c. The name, photograph, image or other likeness of ARTIST may not be used or associated, directly or indirectly, with any product or service, nor may it be used in any program or souvenir book, poster, pamphlet, or any other material such as an event shirt or any merchandise intended for sale without the expressed written consent of ARTIST'S personal manager. PURCHASER agrees to waive any merchandise commissions in exchange for including ARTIST'S likeness on event or festival type merchandise. (DOES NOT APPL Y TO Houston and Dallas, TX) d. There shall be no radio station or any other party presenting, welcoming, promoting, co-promoting or sponsoring above engager.lent without M~AGEMEl:T'S ) written permission. í12a:::SGNiG) iN toN JV""""'IIJ W q"'\ #,oIw6 (l.. ~It- VrJ1»1 3 .- 16D2 e. CLA Y WALKER is not responsible for any music licensing fees. f. When performing as the support or opening act, ARTIST is to receive 100% "Special Guest Star" billing in any and all advertising, lights, displays, programs, and other forms of advertising, publicity, and promotions. g. When performing as headliner Clay Walker has approval on all support acts. 5. SECURITY Buyer will provide adequate security (competenLal"!Q sober) to protect ARTIST, ARTIST'S band and crew, equipment and vehicles. Four (4) Uniformed Security Officers for ARTIST available for ARTIST'S dressing room, bus, meet and greet and to escort ARTIST at venue. Security requirements for front of stage and back stage will be determined in a "Security Meeting" coordinated by ARTIST'S tour manager prior to door opening. Security at buses shall be increased following ARTIST'S performance and/or at the end of entire performance. 6. MERCHANDISING " ARTIST, reserves the right to sell· souveriirs, books, photographs, record '..::- a. albums and tapes, tee shirts, and other- souvenirs and concessions. No~ommiOCion ¡¡_ ~h.J.1I bo paid to DU'{[n A~JD/OR VENin:: ()n 911ch £aIQs~ ~ fJ..trnF ~ ZtJ -R.J2..¡ìIT '111).). b. Autograph/merchandise sale area to be located in a prominent position supplied with six (6) 3'x10' tables and 6 chairs. Area should be a minimum of 1 O'x30'. ARTIST may provide a kiosk for the sale ARTIST'S merchandise only. c. There will be no usage of artist name or likeness of name or logo for a festival shirt or any other event merchandise. PURCHASER agrees to waive any merchandise commissions in exchange for including ARTIST'S likeness on ev~nt or festival type merchandise. (DOES NOT APPL Y TO Houston and Dallas, TX) i 7. INTERVIEWS/PERSONAL APPEARANCES All interviews (in advance and/or on-site), press conferences, special promotions or other publicity needs or requests involving CLAY WALKER must be cleared at least three (3) weeks in advance prior to engagement through: Ronna Rubin (615) 298- 4400. Any ARTIST "meet and greet" must be approved and coordinated by management at least two (2) weeks prior to engagement. All radio related requests must route through, and be approved by RCA Records Nashville promotion department (615) 301-4352. 4 -..-" .~.-. 1602 8. PRODUCTION OF PERFORMANCE a. No portion of the performance rendered hereunder may be broadcast, recorded, filmed, taped or embodied in any form for any purpose without ARTIST MANGEMENT'S prior written consent. PURCHASER will deny entrance to any persons carrying audio or video recording devises without limiting in any way the generality of the foregoing prohibition. It is understood to include members of the audience, press and PURCHASER'S staff. In the event that purchaser, his agents, servants, employees, contracts etc., reproduce or cause to be reproduced of ARTIST'S performance in the form of film, tapes, or any other means of audio or video reproductions, upon demand by ARTIST, PURCHASER shall deliver all of the same (together with any and all master, negatives, and othecmêans of reproduction thereof) to ARTIST at PURCHASER'S sole cost and expense. . b. PURCHASER agrees not to commit ARTIST to any personal appearance, i interview, or other such promotion without prior consent of management. c. Approval must be made in advance, prior to arrival, for any and all taping of news footage, etc., by any and all media. 9. DRESSING ROOMS f6ã r:ttXf\Nt.ß _ Ov¡-))OQ4- ~nv'~ - ùl\SA1-c\..¿;- '1\) /JAJ v. ì) ~ ~ å-IJ.c't. ~(l, ~ . " .P.UACHASER will provide;three (3) clean dressing rooms. One for ARTIST and one for . '", ", ,. ,. , ARTIST'S band 'and one for crew. Plus a large clean room to be used as a "meet and greet" room. (This room should be as close to ARTIST'S dressing room as possible) and a room to serve as a production office. Each dressing room must conform to the following standards and requirements: a. Dressing rooms will be clean and ready for occupancy at stage call. b. Each dressing room to contain private and well-supplied toilet facilities with hot and cold running water c. ARTIST dressing room must be equipped with a clean shower. Buyer must make every effort to supply. d. Each dressing room will have a minimum of three (3) electrical outlets. e. Six (6) hand and bath towels will be in ARTIST'S dressing room. Twenty- four (24) bath towels will be in band dressing room and (12) in crew dressing room. f. Dressing rooms to have properly working heating and air conditioning systems. 5 1602 g. Each dressing room will contain lighted makeup mirror and full-length wardrobe mirror. h. Each dressing room to contain a garment rack. I. Each dressing room to contain trashcans and ashtrays. J. Chairs are to be provided: Six (6) for ARTIST, ten (10) for band, and six (6) for crew. k. Dressing rooms are to be lockable and keys shall be given to ARTIST'S Production Manager upon arrival. - I. ARTIST dressing room must have a security guard placed outside of dressing room upon venue doors opening. 10. GROUND TRANSPORTATION PURCHASER will provide ground transportation with driver(s) for ARTIST, band, and crew to and from interviews, venue, hotel/motel and from any location "within reason" to obtain equipment or supplies necessary for ARTIST'S performance or as required. Driver must have good knowledge of the area and speak fluent English. 11. CANCELLATION/FORCE MAJEURE/INCLEMENT WEATHER a. It is agreed and understood that in the event PURCHASER shall fail to fulfill any of the terms and conditions provided herein, ARTIST may elect to cancel the engagement, relinquishing ARTIST from returning any deposits paid by PURCHASER, in addition to ARTIST'S other legal and equitable remedies for the breach. b. ARTIST'S obligation to furnish the entertainment unit referred to herein is subject to detention of prevention by sickness, inability to perform, accident, means of transportation, Act of God, riots, strikes, labor difficulties, epidemics, any act of public authority, or any cause, similar or dissimilar, beyond ARTIST'S control. c. Provided ARTIST is ready, willing and able to perform, PURCHASER agrees to compensate ARTIST in full and in accordance with the terms herein regardless of ACT OF GOD, fire accident, riots, strikes, or any event or events of any kind or character whatsoever, whether similar or dissimilar to the foregoing event, which would prevent or interfere with the presentation of the show hereunder. i 6 ~_·_··_·"·4 1602 d. Notwithstanding anything contained herein, inclement weather shall not be deemed a force majeure occurrence, Provided the ARTIST is present and ready to perform at designated time specified in the contract, the PU RCHASER shall remain liable for the full contract, even if the performance(s) called for herein are prevented by such weather conditions. ARTIST and PURCHASER shall make the mutual decision to , determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. 12. COMPLIMENTARY TICKETS a. Buyer agrees to provide ARTIST with a minimum of one hundred (100) complimentary tickets to each show for ARTIST'S guests. Any unclaimed tickets may be sold fifteen (15) minutes after the show begins. b. Buyer and/or House may only use 1 % of tickets for comps unless given written permission by artist representative. 13. TICKETS/BOX OFFICE a. The specific capacity of the venue, as well as the ticket price br and gross potential shall be clearly printed on the face of the contract. b. It is agreed that if there is any change from t tated ticket price on the face of the contract and the price actually char , ARTIST will receive ONE HUNDRED PERCENT (100%) of the difference een the ticket prices on the face of the contract and that actually charged. c. When ARTIST'S fe . cludes a percentage of bonus amount or over the contract guarantee, a detaile ox office statement is required and shall be presented to ARTIST'S tour manage uring the settlement. d, W n show goes into percentage, ARTIST'S tour manager will count heads to vel accurate figure. -e. PURCHASER may not report show gross to any trade publication unless . show grosses at least 70% of the House and/or when given written permission by ARTIST'S representative. 14. PARKING ?~a'î~'4NŒ - Ño &'4J£ POL.l51 . PURCHASER must provide adequate secured parking spaces with stage access for ARTIST'S four (4) 45-foot tour buses and two (2) trucks. ARTIST bus must have priority parking in multi-act show situations. PURCHASER must provide one (1) 220 volt/50 amp service for each tour bus. 7 1602 15. SAFETY PURCHASER ensures and warrants that each concert event, the facility and site (on the dates of load-on, each performance and load-out) and immediate vicinity, shall be safe for all persons and property, free from any risks of actual danger or hazards to life, health or property. PURCHASER shall ensure the security and safety of ARTIST, their musicians, crew, entourage, management, audience members, the facility and site personnel, and any invitees or attendees. PURCHASER shall reimburse ARTIST on demand for any payment made or expense incurred by THE ARTIST'S PARTIES at any time in connection with liability or claim with respect to which THE ARTIST'S PARTIES are entitled to be indemnified. - 16. INSURANCE PURCHASER shall obtain and continually maintain insurance with re ects to eac concert event (including, without limitation, any performance), facility d sight of perfor nce hereunder, for bodily injury, property damage, personal Injury, liquor liability, ims related to The American Disabilities Act and third pa claims in the enforceable mount of not less that One Million Dollars ($1,000,0 ) per occurrence (with any ded tible to be paid by PURCHASER), naming THE TIST'S TOURING COMPANY AN THE ARTIST INDIVIDUALL Y as add' 'onal named insured thereunder. The ins ing company shall agree to waive all ri ts of subrogation against THE ARTIST'S TOU NG COMPANY AND THE AR ST INDIVIDUALLY. Such policy(ies) shall be writ on a per occurrence sis, such that claims made immediately prior, during, an or after each concert ent, including each performance therein with respect to act(s) a d/or omission(s uring, immediately prior to, and/or immediately after each concert e nt hereun r, regardless whether in or about the facility or site, shall be fully covered th eun r. As proof of insurance PURC submit a fully paid Certificate of Insurance to THE ARTIST for th 'r appro I at least four (4) weeks prior to the engagement. Such certificate d policy sh I contain a provision requiring the insurance company to give T ARTIST at least en (10) days written notice prior to revision, modification or ca ellation thereof, Any pr osed change in the Certificate of Insurance or the underl 'ng policy(ies) shall be sub itted to THE ARTIST for prior written approval. P CHASER shall maintain Work 's Compensation Insurance covering all of thei employees, including those who are' volved in the installation, operation or mai enance of the equipment provided by THE TIST, dure of PURCHASER of facility to provide either poli 'es or the certificates required . not deemed a waiver of ARTIST'S rights and remedie or of any of the PURC ASER'S obligations. PURCHASER shall still be solely responsl e for providing all such insurance and shall be fully liable for it's failure to provide same. i 8 ~_.".~_........_,_._..._~.,-. 1602 17. HOLD HARMLESS , PURCHASER shall indemnify, save and hold harmless THE ARTIST, it's officers, principals, managers, representatives, agents, employees, musicians, crew, attorneys, accountants, successors, substitutes, and assigns from and against any and all claims, demands, debts, liens, damages, liabilities, costs, expenses and judgments arising out of or in connection with an breach or alleged breach by PURCHASER of any implied or actual representation, warranty or agreement made by PURCHASER herein, any claim by a third party with respect to PURCHASER'S obligations pursuant to any agreement(s) directly or indirectly relating to the concert event(s) (including, without limitation the performance and/or the advertising and promotion thereof, or any bodily injury, death or loss ,of damage to property related to th~ cC?oncert event(s), including the concert event(s) hereunder). - 18. lEGAL WARRANTY, BREACH OF CONTRACT, JURISDICTION AND VENUE IN NASHVillE, TN AND SERVICE OF PROCESS a. PURCHASER warrants that he has the right to enter into this contract and is of legal age. b. All parties to this Agreement acknowledge that this contract was entered into in the State of Tennessee and shall be governed by the laws of the State of Tennessee. Further, all parties acknowledge that Nashville, Davidson County, Tennessee is the appropriate forum for any and all litigation arising out of or involving this Agreement and/or the performance of any duties thereunder. The parties therefore consent to exclusive jurisdiction and venue in Davidson County, Tennessee. The parties further agree that the prevailing party in any litigation filed outside Davidson County, Tennessee, will be subject to immediate dismissal along with appropriate sanctions under FRCP 11 or the corresponding state court rule. The parties further agree to and do hereby waive formal service of process in regard to actions brought relating to this Agreement and agree to accept service of process via certified mail, return receipt requested, addressed to the address listed below. 19. PRE-EMPTION a. PURCHASER shall advise WILLIAM MORRIS AGENCY upon signing contract if unable to comply with any of the conditions or requirements set forth in the rider. PURCHASER understands that all terms are essential to a binding agreement. Thereafter, upon ARTIST'S arrival, if any of the terms of this document are not met by the PURCHASER, the ARTIST shall have the right to refuse to perform and shall be entitled to full compensation under this agreement. b. ARTIST shall have the right to cancel this engagement without liability upon written notice to PURCHASER, not later than thirty (30) days prior to the date of the engagement hereunder. 9 ~ 1602 ?Ql.. AbVfUJæ " TECHNICAL REQUIREMENTS FOR CLAY WALKER TOUR 2005. . When PURCHASER is providing sound and lights, ARTIST may supplement production elements as required. -~ I ··3'L. 1 . Stage size is to be a minimum of~wide b~deep by 48 inches high the stage is to be a minimum of 6 feet from the back wall. THE STAGE SURFACE IS TO BE LEVEL, STURDY AND FREE OF OBJECTS, SUCH AS NAILS, SCREWS, DIRT, CRACKS, ETC THAT COULD CAUSE INJURY TO THE ARTIST, BAND, CREW AND EQUIPMENT. THE STAGE AND LOADING AREAS SHOULD HAVE WORK LIGHTS AND PLASTIC. ~... 2. Sound Wings are to be installed on both downstage sides of the stage. 5ft high by 12ft deep by 16ft wide. 3. At both upstage corners of the stage there should be a set of quality built stairs attached and with lighting. Artist and Band will not climb makeshift stairs. 4. All outdoor stage shows should have a covered top. All rooftops should be LOAD BEARING. In the event of an outdoor show the Artist equipment should have covers available to protect from bad weather. 5. House mix position and monitor mix position must be covered and protected from inclement weather with work lights. SOUND SETS UP ON THE GROUND 1 DDFT OUT CENTERED FROM THE DOWN STAGE EDGE. 6. A monitor position platform is to be installed behind the stage left sound wing. 24ft wide 12ft deep by 24 inches high with stairs. 7. A lighting riser at Front Of House 8ft by 8ft by 24 inches high with stairs.1- 6ft or 8ft table. Clay Walker Production provides a Thrust extension 10ft wide by 12ft deep Centered, extending from the downstage edge. The first row of seats will start two feet around this point. In case of seating problems please call the production manager Bruce Dare 713- 628-5388. 10 1602 TECHNICAL REQUIREMENTS FOR CLAY WALKER TOUR 2005 When PURCHASER is providing sound and lights, ARTIST may supplement production elements as required. . '-to . '. 32.-- 1. Stage size is to be a minimum-ofþ8fÍ wide by 48ft deep by 48 inches high the stage is to be a minimum of 6 feet from the back wall. THE STAGE SURFACE IS TO BE LEVEL, STURDY AND FREE OF OBJECTS, SUCH AS NAILS, SCREWS, DIRT, CRACKS, ETC THAT COULD CAUSE INJURY TO THE ARTIST, BAND, CREW AND EQUIPMENT. THE STAGE AND LOADING AREAS SHOULD HAVE WORK LIGHTS AND PLASTIC. ~.~ 2. Sound Wings are to be installed on both downstage sides of the stage. 5ft high by 12ft deep by 16ft wide. 3. At both upstage corners of the stage there should be a set of quality built stairs attached and with lighting. Artist and Band will not climb makeshift stairs. 4. All outdoor stage shows should have a covered top. All rooftops should be LOAD BEARING. In the event of an outdoor show the Artist equipment should have covers available to protect from bad weather. 5. House mix position and monitor mix position must be covered and protected from inclement weather with work lights. SOUND SETS UP ON THE GROUND 100FT OUT CENTERED FROM THE DOWN STAGE EDGE. 6. A monitor position platform is to be installed behind the stage left sound wing. 24ft wide 12ft deep by 24 inches high with stairs. 7. A lighting riser at Front Of House 8ft by 8ft by 24 inches high with stairs.1- 6ft or 8ft table. Clay Walker Production provides a Thrust extension 10ft wide by 12ft deep Centered, extending from the downstage edge. The first row of seats will start two feet around this point. In case of seating problems please call the production manager Bruce Dare 713-628-5388. 11 - 1602 FAIRS AND FESTIVALS 2005 A: 1 O-Éxpérienêed stage hands (CW FAIR PRODUCTION) B. 4-Truck loaders C. 3-Experienced riggers (1-ground, 2-climbers up) D. 2-Spot Light Operators E. 1-Forflift and Operator F. 1-Electrician Licensed G. 1-Stewart ¡ H. 2-Deck hands at set show time ALL STAGE HANDS ARE FOR THE SOLE USE OF CLAY WALKER PRODUCTION CREW AND PRODUCTION ONLY FROM LOAD IN TO LOAD OUT AND UNTIL ALL TRUCKS AND BUSES ARE LOADED. Sound Requirements 2005 A. House Speakers: 1.V DOSC 24 (12 per side flown where possible) 2.V DOSC 12 (6 per side flown where possible 3. 16-Crown MA 5000 VZ Amps 4. 2-Crown racks for the subs 5.1-V DOSC Motor and rigging package 6.4-Experienced Techs for sound Note: CLAY WALKER 2005 FAIR AND FESTIVAL PRODUCTION IS SELF- CONTAINED ON SOUND ONLY. ALL THAT IS NEEDED FOR FAIRS AND FESTIVALS IS STACKS AND RACKS AND (100 AMP) 3-PHASE, TAPPING OFF THE IN HOUSE SOUND. (NOTE: SOUND ONLY) Note: THERE WILL BE NO SHARING OF MONITORS WITH OTHER ARTIST ON SET SHOW DAY, Note: THE STAGE NEEDS TO BE CLEAN AT SET LOAD IN TIME AND CW MONITORS ALWAYS GO STAGE LEFT. ANY CHANGES MUST BE CLEARED WITH PRODUCTION. 12 1602 {p Clay Walker Liqhtinq Requirements 2005 ·p~n¡h/l\rJ~ {\It. (N\ fINI (IA.. ~ ~ource-4 or par-64s flown fwo truss system. . lown 3ft off the downstage edge c. own 32ft from the downstage edge D. All to have safety gear and ladders for focus E. Trim height is 28ft on the downstage truss F. Trim height is 24ft on the upstage truss G. SEE LIGHTING PLOT FOR AND CHANNELS AND SPOT COLORS.3- Knowledgable Lighting Tech's. H. TWO DIMMER RACKS OF 48 (DMX) -- - I. ONE DMX Console (spare only) one 300ft DMX snake CW SOUND 2005 PROVIDES Staqe Monitor System 1-Midas H3000 (48-channel) monitor console 8-Shure wirelesses in ear units (500-700) 2-Shure U1 wireless Mic. 1- Yamaha 990 reverb 1-T.C. Electronics M-One 2-Stereo 1/3 Graphic EO 1-Com station with beacon and handset 1-54 channel snake 4-12 channel sub boxes 1-15" sub with amp (for drums) 4-Clair 12 am wedges with amp (2 for downstage center position) 7-Tall mic. Stands with booms 10 short mic. Stands with booms 3-Tall straight mic. Stands Front Of House SOUND: Matt Cloutier / Enqineer cell # 214-435-6682 1 .Midas H3000 (48-channel + 4 way stereo) F.O.H. Console 8-dbx 160 comps 8-drawmer gates 1-BSS DPR 901 II 2- Yamaha 990 reverb 1-T.C. Electronics 2290 .1-Lexicon 480L With Larc controller ; 1-CD Player 1-DA T Player 2-Stereo 1/3 Graphic EO 1-Com station with beacon and handset 13 .. 1602 CW LIGHTING 2005 PROVIDES LIGHTING F.O.H. 1-Wholehog III with remote (F.O.H.) 1-Monitor system(F.O.H.) 1-300ft DMX Snake (5 lines + power) Dimming: 4-Doug Fleaner Splitter 1-ETC 24-way sensor rack (cam in and cam out) 200feet # 2 feeder, 1 set of 5 tails, 2 sets of #2 10ft jumpers Moving Lights: 12-Martin Mac 2000· -- - 12-Studio Color 575 6-Studio Spot 250,s ¡ 4-Martin Atomic Strobes 1-Moving Light distro and all cable needed 4-Thomas 8 lights, 2-D 50,s with 2 fans (upstage left and upstage right) 1-Clearcom Station (10-headsets 10-belt packs) 4 go to F.O.H. Spotlights, 1 upstage left stairs, 1 upstage right stairs, 1 F.O.H.Lighting, 1 upstage right dimmers, 2 spares. 1-White Shark tooth backdrop 25ft by 40ft(out doors) Motors and Riqqinq 4-1 ton CM Loadstar Motors 1-8 way motor controller (with power cable) 1-Full rigging package (1 0-5ft steel, 10-1 Oft steel, 8-20ft steel) 4-125ft motor cables 8-black 6ft span sets 4-black 3ft span sets 24-Shackels, 12-burlapbags 2-Pickel 4- Thomas 10ft 12inch truss (mini beam) 2-Truss Wrenches 1-Amo Box with 24 truss nuts and bolt (48 washers) grade 8 CW LIGHTING PROVIDES EFFECTS PROVIDED BY CW PRODUCTION 6-Confetti cannons (OS Truss) 5-Auto Launcher Streamers (OS Truss) 20-Hand held Streamers 2-Storms (Glitter) Beach Balls 1-Air compressor all cable needed, all air hoses needed 14 --~.,,--_-.-..- .. -~".-..._..- 1602 CLAY WALKER BACKLlNE GUITARS: 1-Gibson Les Paul Standard 1-Fender American Standard Strat 1-Fender American Standard Telecaster 1-Chet Atkins Model Nylon String 1-Takamine Santa Fe Acoustic 1-Gibson Acoustic 1-Dobro with pickup (dw60 square neck) 1-Gibson RB Banjo with pickup 1-Gibson F5/F9 Mandolin with pickup -- - 1-upright bass with pickup 1-Zeta Acoustic Fiddle AMPS: 2-Nashville 400 Amps for the Steel 1-Fender Deluxe amp KEYBOARDS: 1- Yamaha Motif ES-8 1- Yamaha Motif ES-6 1-Keyboard Bench 1-Double Tier Keyboard Stand NOTE: Needs to support 2-88 note weighted keys seated position. CLAY WALKER BACKLlNE PERCUSSION: 1-Set of Congas 1-Set of Timbales 1-Tambourine 1-Cowbell 15 16D2 DRUMS: (FIBES) 20" Bass Drum 10", 12", 14" Toms 2-5 Y2 by 14 Snare 1-5 by 13 Snare Hardware-DW (Drum Workshop) Double Pedal (1 -Spare pedal also) 2-Snare Stands 4-Cymbal Stands 1-Hi-Hat Stand Hardware for the TOMS u - , u Mount Arm for Cyclops Tambourine (with Tambourine) Cymbals-Sabian AAXSeries 14" Hats 17" Crash 18" Crash 20" Ride 16" China Crash i Throne-Roc-N-Soc- (Bicycle Style) 1-EarnieBall Volume Pedal NOTES: Stands and Straps for all Stringed Instruments Power supply and Pedals with all Keyboards plus one midi cable. Any Questions Please call Bruce Dare at713-628-5388. Clav Walker X SET The set is 32ft wide and 17 feet deep the set is on Wheels and can be moved when needed, This Set takes 4 stagehands 20 minutes to build and longer to strike with band gear. DRESSING ROOMS 1-CW STAR ROOM 2-CW BAND ROMMS 1-CW CREW ROOM 1-PRODUCTION OFFICE; '1-LARGE,MEET& GRE;ÈT 'RÓOM ' VIDEO James Ray 972-780-7802 MERCHANDISE Brian Honeycutt 817-247-5843 16 .~..~..~.. 1602 STAGE CALL, SET UP & SOUND CHECK A. Buyer shall provide Artist access to the Venue at least 10 hours prior to the show time for load in and sound check. B. Buyer agrees to a mandatory sound check, to be completed prior to the opening of the Venue doors and admission of ticket holders. C. Buyer or his/her representative must be present from the time of load in until load out has been completed. D. Opening Acts must finish their set 30 minutes prior to the Clay Walker Show Time. -. .- ~ ~ E. Any Questions Concerning Full Or Fair Production Please Call Bruce Dare 713- 628-5388 PRODUCTION SECURITY A. Buyer shall provide one security person from set load in time until the last bus leaves the bldg grounds. B. THIS PERSON NEEDS TO SIT AT THE PRODUCTION OFFICE UNTIL SLDG SECURITY ARRIVES AND TAKES OVER. CW FOOD AND CATERING RIDER CLAY WALKER DRESSING ROOM 1-Case of Water 1-12pk Coke 1-6pk Vanilla Cappuccino Ice Coffees 1-Bag of Ice 1-Sleeve of cups, 6 large bath Towels , CLA Y WALKER BUS # 1 1-Bag White Pistachios 1-Case assorted chips 1-Bag assorted hard candy 1-Box gold fish crackers /" 1-12pk AW root beer CA>v"'ì'1 P'ttLw~ ih ~ C1lI166 1-12pk Coke u('li{}t1-.u5 ~ Pf2.t¡VI~é. Wi10ùL 11\1 1-Case of Florida OJ 1-Case of Water 1 Cage of Buu li~hl --+ Oôtllt: uf CruwII Reserve ~ 1-501b bag of ice delivered upon arrival. 17 . 16D2 . CLA Y WALKER BAND DRESSING ROOM 1-Case Water 1-12pk Coke 1-Bag of Ice, 1-Sleve cups 12 Large Bath Towels CLA Y WALKER BAND BUS # 3 1-Case of Water 1-Case of assorted diet drinks (Dr Pepper, Mt Dew, Coke) .2-Câè98 Bud light- 1-Case assorted Chips 1-Case of assorted Gatorade -- Y2 Case of Orange Juice % Case of Apple Juice % Case of Grape Juice CLAY WALKER CREW DRESSING ROOM 1-Case water 1-Bag of Ice 8-Large Bath Towels CLAY WALKER CREW BUS # 4 1-Case Water 1-Case of Gatorade % Case of Orange Juice % Case of Apple Juice % Case of Grapefruit Juice 1-Case Pepsi 1-Case Dr Pepper 1 Case Bud light +- C3CO of Coor~ Ligl,t 1-Case of assorted Chips 1-Sleeve of Large Cups 1-501b Bag of Ice DELIVERED TO THE CREW BUS UPON ARRIVAL 9:00AM DELIVERED TO THE PRODUCTION OFFICE 30 MINUTES PRIOR TO SET SHOW TIME. 1-5- WHOLE LEMMONS 2-1-JAR OF HONEY 2-CASES OF STAGE WATER (room temp) 12 STAGE TOWELS 1-Spoon, 1-Knife I8 -- 16D2' MEALS: 8:30AM_Hot Breakfast and drinks for 12 people (Coffee) Drinks to be provided throughout the day for personal 12-1 :OOpm_LUNCH for 17 people (sandwiches, burgers, soup) 5:00-7:00pm Hot meal for 27 people, consisting of one meat entree two vegetables, bread, dessert and beverages. 11 :OOPM After Show food, Delivered to the production office MEALS MUST BE PROVIDED AT THE VENUE IF THE HOT MEALS ARE NOT POSSIBLE OTHER ARRANGEMENTS MUST BE MADE. ....;0--- Tour Manaqer: Davis Chalmers Cell: 713-302-8604 Production Manaqer: Bruce Dare Cell: 713-628-5388 . ¡ THIS ENGAGEMENT IS NOT FIRM AND NO ADVERTISING CAN BEGIN UNTIL THE CONTRACTS AND RIDERS ARE FULLY SIGNED AND EXECUTED. 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Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !!k!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). o Addressee(s) Office Initials (List in routin l. 2. 3. 4. Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. incJuding Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Phone Number Contact Agenda Date Item was Agenda Item Number '5"-~Lf A roved b the BCC Type of Document Number of Original \ Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages frorp contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of ~he document or the final ne otiated contract date whichever is a licable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nulIified. Be aware of our deadlines! [; Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04 H_.' .~--".."-""_........,,,,,,,,.,,,,,,,.,,~,~,.,.,..>,,~,,.,,...,~,,,,,.,.,. .~.,- "., _..~ ~-"..." ~~....,... ,~" 16El MEMORANDUM Date: February 10, 2005 To: Toni Mott, Supervisor Real Estate Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Statutory Deed (Emily Cox and Thomas C. Cox) Enclosed please find an original agreement (Agenda item #16El) as referenced above, which was approved by the Board of County Commissioners on Tuesday, February 8, 2005. After recording, please return the Original document to the Minutes and Records department for public record. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you, Enclosure ."_._~._m_''''_"'''''__'~'^_''''''.~'''_______~ 16El Prepared bY:dwell Es~ire Ellen T. Cha · Office of the County Attorney 3301 East T.-i.-1 Trail Naples, Florida 34112 (941) 774-8400 STATUTORY DEED THIS DEED, made this \Útb day of _~. ,2005, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to EMILY COX and THOMAS C. COX, having a mailing address of 451 15th Street NW, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties ~o this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 48, Golden Gate Estates, Unit 73, according to the plat thereof as recorded in Plat Book 5, Page 9, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. . OQ '-. .,') h!¡:¡' BOARD OF COUNTY COMMISSIONERS ",J ..... 0 A TTEST¿:;. '. "" '. ": :'L COLLIER COUNTY, FLORIDA DWIGHT' E. BRQCK,·CleÌ'k(.'· . .,' " ) .....- .,..:;, .~~ By: '1vL W. faÞ By: ..:. '-~ '~.:.'. & . "" I, \ <. '\ r . - I ;Aí<Mt ~ l~: . . .,.....".! FRED W. COYLE, CHAIRM ~t~&... '.1J~' '. - ~~~; 3':1 , AP~ tV"'è1;:l suff1c1tftCJ -'" .¿J ~ Á..M_____ Assistant County Attorney Ellen T. Chadwell Item # J~E1.. Agenda A. -8 ..oS- Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures. dates. and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4. complete the checklist. and forward to Sue Filson (line #5). e to Addressee(s) Office Initials Date (List in roubn 1. ...-- 2. 3. 4. 5. Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressecs above, including Suc Filson. need to contact staff for additional or missing infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact Agenda Date Item was Agenda Item Number -<ßlf A roved b the BCC Type of Document Number of Original \ Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. ~ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's k. Office and all other parties except the BCC Chairman and the Clerk to the Board \\~V.. 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. ~ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's \...u .. . signature and initials are required. -.;¡n-"""" 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~ Some documents are time sensitive and require forwarding to TaHahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! I: Forms! County Fonns! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04 ,_·_··...........'"'".·.>·.."".._H~."·_·.,,~· .... ."~..~.,.>o_,...,."..''',~_,,,_.,,''',,'.."__."., -,. ,.. ."._~-,~~..'"~.."..,-,- 16El MEMORANDUM Date: February 10, 2005 To: Toni Mott, Supervisor Real Estate Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Real Estate Sales Agreement (Emily Cox and Thomas C. Cox) Enclosed please find an original agreement (Agenda item #16El) as referenced above, which was approved by the Board of County Commissioners on Tuesday, February 8, 2005. After recording, please return the Original document to the Minutes and Records department for public record. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you, Enclosure -- -_.,- . ....,._..,'..,-~ SALES AGREEMENT II (Parcel 24) 16El REAL EST ATE SALES AGREEMENT tb. - , 200§ by and between THIS AGREEMENT made and entered into this ~ day of ~n ~\ . COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and EMIL Y COX and THOMAS C. COX, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 48, Golden Gate Estates, Unit 73, according to the plat thereof as recorded in Plat Book 5, Page 9, of the Pub1ic Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be FORTY-FIVE THOUSAND ($45,000.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of FOUR THOUSAND FIVE HUNDRED ($4,500.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFfY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above-described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference sha]} be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Reaì E~late Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If A vatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject 1 property, is not relying on any developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. representations made by SELLER regarding the cond106Su~re 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT: TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the Cuumy Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. . C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. 2 D. Time is of the essence of this Agreement. In the computation of any period of time provide~folm 1i:is1 Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to~f~o1me-L next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. T,his Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be gi ven hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representarions contained in saies brochUles, maps, ske[ches, advellising or sales materiais, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: -:)(\\;\, ,I) 2({)t.)- .-, . p. ~:\tl\/') " ATTEST: ", ",- ..'... O¡~. DWIGHT E. I3ROCK, Clerk. ..... /,', ' . . . ',' , '.. .\¡': : ':.': :"Jlc .. , .,.. :'~ "., :.; Deputy:<;Hér/~ Attøt"IC··to Ch'.1~~.s ~': . 1'IIIW'íéÓl1Je .~ .', <»', "./() ..... .')\:: ;: ~ S ¡,J :: \ l " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED~L~'C~ Approved as to legal fOd~and sufficiency ~~~~ Ellen T. Chadwell Assistant County Attorney 3 '. AS TO BUYER: DATE:--t2....\O~ 16£1 {(ua,--J b ~'( n ~ Witness (signature) ~c\ t'U\ 6. (bc! .-d..4.1:.L ~t mlme) 'iA4J/i.. ~O~ ~ .!tess (signature Gîn'rhvH) nla·~Q.,VÎf) (print name) ~ . itn~ignature) # /JIl 4~ . , (print name). . STATE OF 1=\0{ \ð(X COUNTY OF 0.o\I\Q.< The foregoing Real Estate Sales Agreement was acknowledged before me this J 0 day of Vt.Len, heI , 2004, by EMILY COX, who is personally known to me or who has produced '~i'\~()I)Q HI..\, i\$¡i:.I....~ n as identification. "'~~~~~:" Karen B. Bartlett !~~.~-~ Conunission #DD314382 ~;:" ~ir..:j Expires: Apr 28, 2008 ',;'iö;f\.~;" BondcilTIuu 'I,,,,,,, Atlantic Bonding Co., Inc. ~C\\t{' ~. ~J;)~n\è\\ Sion:lture of Not:lrv Pub~i~ \~ú(~(\ jb. ~o;, ;\f-\'\- Print Name Commission Number $'\) ·~\4·.,'8~ My Commission Expires: t\ . ~Q-c d-,'2 ¡ àoo?S (affix notarial seal) STATE OF Flov¡'d a...... COUNTY OF Co II ì ~Ý The foregoing Real Estate Sales Agreement was acknowledged before me this (0 day of ~ , 2004, by THOMAS C. COX, who is personally known to me or who has produced f'L.- DL as identification. (J;Aý J J/A- (affix notarial seal) "".... ii:lt!\Y rt:-. CATHERINE L ALLEN h Ò MY COMMISSION # DO 136053 ~··.....""~l EXPIRES: July 22,2006 '~,9:..n¡~ Bmded Thru Notal)' Public Underwriters Sig(!(ture of Notary Public Q{./) ey'Ì~ t-.. AlLen Print Name Commission Number bD f3 ~b53 My Commission Expires: ~ / Y ~,;;., .;)CXJ~ '" 4 16El DEPOSIT RECEIPT -7\4-- LLr1 I, C__- I I, the undersigned, do hereby acknowledge receipt of a total of ~ ~ --) \-l~)/t . ,2004. '?V(~ , on this 0 day of (Initial Deposit $ \ ( ,It) I Appraisal $J 6-/--:; I Additional Deposit $ lfL (f) I Processing Fee $50.00) \~ \r{\JC)~\ 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SlI~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TGf. ·õ t: I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TùRi- Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #\ through #4 as appropriate for additional signatures. dates, andlor information needed. If the document is already complete with the exce tion of the Chairman's si ature. draw a line throu h routin lines #1 throu #4. com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Initials Date in roUtiD order) (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executi ve summary. Primary comact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. -- 3. --------.....,---.,/ ----/-~ 4. ,/ ----,------ ~ 5. Sue Filson, Executive Board of County Commissioners 6. Minutes Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached ( INST~UCTIONS & CHECKLIST 1. Initial the Yes column or mark "'N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCe Chairman and the Clerk to the Board The Chairman' s signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. ··...f // ,-~.~ ---..... Yes (Initial) N/A (Not A licable) I: Formsl County Formsl BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 iLL 'J1 ~4_L ~ Assistant CountJ Attorney Ellen T. Chadw.ll Item # \(PEl Agenda '). ~,~ Date ~~ Date c:. ~ ") .Cf:: Rec'd v 0,(. -.. :>repared bJ: _" Esquire ¿ 11 ef\ T. c~~ C_tJ AttorneJ OIffice of Tallliaaai Trail 3301 EaS~'orida 34112 Map'." nAN\ 1941) 774-0- 16£1 '. .. STATUTORY DEED ~ THIS DEED, made this ~ day of , 2005, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mail address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ' ICHAEL W. PALON and SANDRA K. PALON, having a mailing address of 611 19th Street NW, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The West 105 feet of the East 180 feet of Tract 83, Golden Gate Estates, Unit 43, according to the plat thereof as recorded in Plat Book 7, Page 28, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST:' ",,"""" DWIGHT ~"~T?R~ç~9ø.!E?rk .¡ ::".~':{)':,.. '. ...<" : r~" By:,. Oé ~ ., .... .: .;:: - ... A~~';'" '¡i', S'à. 1 J!Un · s \. I ptt 11 . '. oa'J ~ ,'\ :. , . . (' , (-.J'I '. \j J;'j I..J ,'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, CHAIR ¡;ed.s to f&=, suffiel..., L Ý ~4_L ~ Assistant County Attorney Ellen T. Chadwell Item # \It?E'L Agenda '1. ~,~ Date ~~ ~:d 5, ò l_~~ 0,(. ORIGINAL DOCUMENTS CHECKLIST & ROUTING ST1R6 E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO~ , THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forw:uded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #\ through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exc tioo of the Chairman's si ature. draw a line throu h routin lines #\ throu #4. com Jete the checklist, and forward to Sue Filson (line #5). Ro Addressee(s) Initials Date (List in routiD 0 1. (The primary contact is the holder of the original documeDt pending Bee approval. Normally the primary contact is the person who created/prepared the executi ve summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. l1eed to contact staff for additional or missing information. All original documents l1eeding the Bee Chairman's signature are to be delivered to (he Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. ---- 3. .~. 4. 5. Clerk of Court's Office Board of County Commissioners 6. PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. TRUCTIONS & CHECKLIST Initial the Yes column or mark "'N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne '5 Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Yes (Initial) N/A (Not A licable) ~ ~ !: Fonnsl eOUDty Fonnsl Bec Fonnsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 1óE1 ~ Prepared by: £llen T. Chadwell, Esquire Office of the CountJ Attorney 3301 East TaMt..i Trail Naples, Florida 34112 (941) 174-8400 STATUTORY DEED ~ THIS DEED, made this ~ day of 10f'c¡1~ ,2005, by COLLIER COUNTY, a political subdivision of the State of Florida, having a ma !. g address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to WARREN ALLEN RAYMOND, having a mailing address of 1180 Fairfax Lane, Weston, Florida 33326-2922, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold the Grantee, his heirs and assigns forever, the following described land lying and being in Collier Coun1 Florida: The North 75 feet of the South 180 feet of Tract 1, Golden Gate Estates, Unit 39, according to the plat thereof as recorded in Plat Book 7, Page 24, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT.., E-:'~~OCK,Clerk , ,'\'JJ I::¡.'I(),.. :' 'c.:-:i:> \ > :... :.>: ~" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c. By: '1uJ-W. ~. FRED W. COYLE, CHAIR N ~d al to ,.... 11...1 1.,'101_, ~ ~ { ~..L¿-".L _ ~r,51stant County Attorney ~11en T. Chadwell Item # w F l Agemctaa -<6 ·oS Dald - L~ '-'-~" ORIGINAL DOCUMENTS CHECKLIST & R~UTING S1I~ E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SltNT TOt-ìO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed rounng slip and original documents are to be forwarded to the Board Office only BlW: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the document is already complete with the exce tion of the Chairman's si ature. draw a line throu h routin lines #1 throu #4. com lete the checklist. and forward to Sue Filson (line #5). Office Initials Date / / 2. ---- ---.-----.. 'f' O!I .. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approv;:¡J, Norm;:¡lIy the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing inform;:¡tion. All original documents needing the BCC Chairm;:¡n's signature ;:¡re to be delivered to the BCe office only after the BCe h;:¡s ;:¡cted to ;:¡pprove the item,) Name of Primary Staf Contact Agenda Date Item was A roved b the BCC Type of Document Attached .~~ 3. 4. 5. 6. Clerk of Court's Office Yes (Initial) N/A (Not A licable) Phone Number Agenda Item Number Number of Original Documents Attached I: Formsl County Formsl Bee Formsl Origin;:¡1 Documents Routing Slip WWS Origin;:¡ 9.03.04. Revised 1.26.05. Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever IS a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions. etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nulIitied. Be aware of our deadlines! The document was approved by the BCC on . ~-()Ç' (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. REAL ESTATE SALES AGREEMENT 16El~! (Parcel 5) ~ ~ .--'" ~ THIS AGREEMENT made and entered into this ' day of 2005, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereir¥afte ferred to as SELLER, and AVATAR PROPERTIES INC., hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and condition hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The North 75 feet of the South 180 feet of Tract 1, Golden Gate Estates, Unit 39, according to the plat thereof as recorded in Plat Book 7, at Page 24, of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth. 3. TITLE Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be FORTY THOUSAND FIVE HUNDRED ($40,500.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of FOUR THOUSAND FIFTY ($4,050.00) DOLLARS representing ten percent, (10%), of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance of the Purchase Price, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. C. BUYER shall also provide SELLER the sum of ONE HUNDRED SIXTY-FIVE ($165.00) DOLLARS for the appraisal fee. 5. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. . . C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 6. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: I. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 7. DEFAULT: TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. 1 tØ Q^,- 16£1 B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 8. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 9. INTERMEDIARIES A. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. B. This provision shall survive closing. 10. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days from the appraisal date. 11. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to m!3an the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 2 íJrIJ ~ 12. OTHER PROVISIONS: None 16£1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: ~ DATE: ,,;.\5¡·~)-t.:ñ . \., . ',", ATTEST: .. ... '. DWIGHT E BRQqK. 8l-erk ry lhu ~, ." . ::.:.... '. ...(' , Of , - . .. . put lerk ----:.. .. AtteI~. . /. eM rM'" s ~^(11oaìt..~ OAh· ,I" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ BY: MW, FRED . COYLE, CHAIRMAN AS TO BUYER: DATE: ~I~W__ l!J~~ f,'è:.l...tJE; r.t. (print name) C\ AVATAR PROPERTIES INC., a Florida Corporation DENNIS J. GET N EXECUTIVE VICE PRESIDENT Avatar Properties Inc. 201 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF MIAMI-DADE: ~ The foregoing Real Estate Sales Agreement was acknowledged before me this ~ay of , 2005, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a Florida corporati n, on behalf of the corporation. He is personally known to me or who has produced as identification. I ':11k~LJ), I~U 0 ~ R 'LJ (Signat~re of Notary Public) þL"/À.1 0 £). f:-. c. LV ~ rl.. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: 1)0 it!) òl ç,¡; ~ Û My Commission Expires: J I 1'1 If) ç, Approved as to legal Z and sufficiency iM- bt ~ ../ en T. Chadwell Assistant County Attorney Ifetn# J1aÐ Agenda ~ .- V' A.IS Date ~ 3 lV, DEPOSIT RECEIPT 16£1 I, the under~ned, do hereb\l -:>"~~ge receipt OfJ\~~~re described deposit in the amount of $~.d \ ::) on this q.: the day of to , 2005. --4J5i4MJSd 4 ._.~. , ORIGINAL DOCUMENTS CHECKLIST & ROU;IN~ stIÍ> E I' .._ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .~ THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only!fW: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor jnfomation needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #\ throu h #4. com lete the checklist, and forward to Sue Filson (line #5). o Addressee(s) Office Initials Date (List in routin 0 1. 2. 3. 4. 5. Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approvaL Nonnally the primary contact is the person who crentedlprepared the executive summary. Primary cOnlact infonnation is needed in the eveD[ one of the addressees above. including Sue Filson. need to contact staff for additional or missing infonnation, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Stafti Contact Agenda Date Item was A roved b the BCC Type of Document Attached Board of County Commissioners 6. PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. ~ I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 2. 3, 4. 5. 6. ,. ,~-""---,..,,.. · ì''I'' " SALES AGREEMENT II (Parcel 33) 16£lfj~ REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ay of , 2005, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinaf referred to as SELLER, and MICHAEL W. PALON and SANDRA K. PALON, hereinafter refen-ed to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the plice and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 105 feet of the East 180 feet of Tract 83. Golden Gate Estates, Unit 43, according to the plat theréof as recorded in Plat Book 7, Page 28 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER. at the price and upon the other terms and conditions hereinafter set forth: I. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be SIXTY THREE THOUSAND ($63,000.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Eal11est Money") the sum of SIX THOUSAND THREE HUNDRED ($6,300.00) DOLLARS representing ten percent. 10%, of the purchase price. and FIFTY ($50.00) DOLLARS. which shall serve as a one time processing fee. B. The balance, after credit for the Eal11est Money, and plus or minus any further prorations and adjustments. shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER fUl1her acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above. the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Eal11est Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees. ei;hör express or implied, of any kind, nature, or type whatsoever from or on behalf of 16r£J. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasmg the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: I. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT;' TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in defaalt, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER. whereupon the Eal11est Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are unce11ain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither parry shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement (0 the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attol11eys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind wh6m BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from aJl claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pnor or contemporaneous written or oral agreements, undel1akings, promises, walTanties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 · . .161=1; c'" No waiver of any provision or condition of this Agreement by any party shall be valid un~t4h writink signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any fUlUre event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part. such provision shall be limited to the extent necessary to render the same valid. or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs. executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivcred to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the plimary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possessi(JIl Öf the Prcmiscs shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the OIiginally fixed time and closing date specified herein or any adjourned time and date provided for herein or agrced to in writing by the parties, or any earlier date permitted herein. M. This Agrcement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so rccordcd by BUYER, this Agreement shall be deemed ipso facto canceled and terminuted. the Earnest MOlley. (including any additional earncst money which may have been paid pursuant [Q the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such defuult, and BUYER shall have no fUl1her interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not becn relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the daý arid year first above written. AS TO SELLER: _ DATE: ,~\,~~~J~)~ - {'~>. ........41 ,) ATTEST~\; ." ',.c..' {~J' ",'. . DWIGflT E} "a~.ock. Ç~k '. ;. - ~ . O( .... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; FRE~~Ch~ Approved as to legal form and sufficiency k-J~ Ellen T. Chadwell Assistant County Attorney Item # Ltj) E:l ~~~;da do ·25' as Date 5 oJ J'C£ Rec'd 3 16£1 '1 AS TO BUYER: DATE: ~4 Ú-J Qb ICHAEL W. PALON fV", tJ --$;1 0,. S-O / o·&:;>i ð<'Ç/t.:; (; Q¡ 0 '#i'3 Ö-j4 .::>/, c,h.J I[n' s (signatµJf) /7!;p.L# ~a/¿¿(} ( .' t namc) Witness (siona ., /::---- .~ ð k..SLð" l ~ (print name) ~'¿"£l/ r /2¡.¿!7(j SA DRA K. P ALON fÐ~ P -s77b t) D ßäÞkI .~ ~~, 'lJ¡ "fi>-!;o W~.(~llre (print name) '1 ST ATE OF h,'Z' ðtJ COUNTY OF (~Ul-~ me this / '/ ~ay e or who has produ ~ The foregoing Real Estote Sales Agreement as . ~ ' 2005, by MICHAEL W. PALON, who I . ktUS¿- as iclenti fication. (affix notarial seal) "z... . I f,wnNA TRUJILL.O "~"'~'\ Nor:ry r.'IIIJlie, S.'lal.e 0. t Florida fl ifF c' My comln. 8Xplr€S Oct 16, 2006 , J\þ __L~t':~~~:~~~,,~- l-ur.:""':'~ Plint Name Commission Number My Commission Expires: STATE OF ~/l' lY7 COUNTY OF (}J:.'L-L-If::;~ this 1'7 #-day who has produc ~ The foregoing Reol Estate Sales Agreement ~l , 2005, by SANDRA K. PALON, who I .b <6?JS-e-' as identi fication. (affix notarial seal) ,. "~VRNA TRUJILLO ,,~~"'ft. NOI'!;~ Public: Slale 01 FI0r~;06 ~ '~M' omm, ¡¡,pires Del. 16. 1 c No. DD1~~560 -'- , . _~_.,.-...';"""" ..... ............: ;a.-.r-.&:~"-:.6' Pri Name Commission Number My Commission Expires: 4 DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of ~(t' 5 \ S \--~}..Q. L _ I 2005. 16£1 ¡ :. .. .1- , on this ~\ day of , (Initial Deposit $-1CY) / Appraisal $-lí ç / Additional Deposit $ (ì a- f) / Processing Fee $50.00) ~~ 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed, If the document is already complete with the exce tion of the Chairman's si ature, draw a line throuoh routin lines #1 through #4. com lete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin order) 1 :__________ 2. 3. 4. 5. Board of County Commissioners (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missmg information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Sta Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Yes (Initial) NI A (Not A licable) I: Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9,03.04. Revised 1.26.05. Revised 2.24,05 16£1 STATUTORY DEED /A~ - THIS DEED, made this lJl day of .Jl1'I\C ,2005, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MICHAEL W. PALON and SANDRA K. PALON, having a mailing address of 611 19th Street NW, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The West 105 feet of the West 180 feet of Tract 83, Golden Gate Estates, Unit 43, according to the plat thereof as recorded in Plat Book 7, Page 28, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: ,.J . eO/,fiE) r '\,J ,..... v..: DWIGt:lT E. BROCK; .cl~rk ,~;/ ::-:;:::':.: --~.'\ .....\,- :.~ ;~ll:rr;},- '~:, . - IJI? . ,',C(.¡ 1. WI..' ',. : ,~ ,'~~-. ~ J ' - - "~\M\. > .-",~ .~1...... 's .<;;. ....~".. ,J '.' .''! "/0 ........-.~;, I . S~j 3\·0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'fu-L w. I~ as to fo~~.gal sufflclentJ ~ V 4 ..b~-~ ~ . Assistant Countl Attorne, E11en T. ~11 MEMORANDUM Date: May 19,2005 To: Toni Mott, Real Properties Supervisor Real Estate Department From: Heidi R. Rockhold Deputy Clerk Minutes & Records Department Re: Resolution 2005-84 Real Estate Sales Agreements and Statutory Deeds Enclosed please find a copy of the document, as referenced above, Agenda Item #16El, approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. [I' the document is already complete with the exce tion of the Chairman's si ature. draw a line throuah routin lines #1 throu h #4. com lete the checklist. and forward to Sue Filson (line #5). I{ô 0 Addressee(s) Office Initials Date (List in routin r) 1. .' anager Board of County Commissioners Phone Number Agenda Item Number Number of Original Documents Attached 2. 3. 4. 5. Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. PRIMARY CONTACT INFORMATION 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sianature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullitïed. Be aware of our deadlines! The document was approved by the BCC on . -, (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes ( Initial) NI A (Not A licable) 2. 3. 4. 5. 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 RESOLUTION 2005 - '6 Y A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.c. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 2005 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and ? WHEREAS, on AprilS, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguard of staff and legal counsel review of such documents; and WHEREAS, the Board of county Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chainnan of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facilities Management Department, the Finance Department and the County Attorney's Office. 2. The authorization of the Chainnan to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2005 calendar year. ~ ~ This Resolution adopted this '¡z:; day of N ~P-')()}"~ _ ,2005, after motion, second and majority vote. ATTEST: DWIGHTE. ~ROCK; Çï~fk . '.'Q~ BY~ÅC4:' .,'.' .... ':'~': ,JJC ( , P.uty ~Ierk '. . . I:,~ . 'At~st-IS t~,,~'1,tttan's î,!;~~t~.r. i~H.~~·,~.,'- ~/J:.f .... ~ ;,"",,'-,.:¡' IJ It (-1.' ::'~\ \J' ,,-'(,_, ",,' \I f C -....,: ,~', ¡:' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY ~.J W, C~ FRED . COYLE, CHAIR! N APt;l¡to f'L legal sufficiency: HeIdi F. Ashton Assistant County Attorney Item# l(oE L ~~~;da ~ -ca - oS ~:~d5- \ q - 05 ~~~~killD, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~ Print on pink paper!~ ~~~~oc~~n:o?g~!c:m;~~!e~~~~~~ t~~!~~~c~~~o~~~;d~u~ng slip and Origi£ 1 documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throuah routin lines #1 throu h #4. com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Da (List in routin order) 1 ~. -" 2. 3. 4. 5. Board of County Commissioners (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. net::d to contact staff for additional or missing infol"l'rultlon. AJI original documt::nts needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary StafF Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. and Records Clerk of Court's Office Yes (Initial) N/ A (Not A licable) PRIMARY CONTACT INFORMATION genda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullitied. Be aware of our deadlines! The document was approved by the BCe on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. ~ ~\fo.-/ ~ I: Formsl County Formsl BCC Formsl Original Documt::nts Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 2. 3. 4. 5. 6. 16 £1 MEMORANDUM Date: July 28, 2005 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Real Estate Sales Agreement with Avatar Properties Inc. Enclosed please find one (1) original document, as referenced above (Agenda Item #16El), which was approved by the Board of County Commissioners on Tuesday, February 8,2005. After recording, please return original to the Minutes and Records Department. If you should have any questions, please contact me at 774-8411. Thank you. (Parcel 42) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ::fig.~day of COLLIER COUNTY, a political subdivision of the State of Florida, her A VAT AR PROPERTIES INC., hereinafter referred to as BUYER. , 2005, by and 16n after referred to as SELLER, and £1 WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and condition hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sUfficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the West 150 feet of Tract 75, Golden Gate Estates, Unit 78, according to the plat thereof as recorded in Plat Book 5, at Page 16, of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth. 3. TITLE Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be NINETY THOUSAND ($90,000.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of NINE THOUSAND ($9,000.00) DOLLARS representing ten percent, (10%), of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance of the Purchase Price, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. C. BUYER shall also provide SELLER the sum of ONE HUNDRED SIXTY-FIVE ($165.00) DOLLARS for the appraisal fee. 5. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 6. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: I. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER frcm and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 7. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. fJØ B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after :Ilk. Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Q Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party sha ave any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. [1 8. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 9. INTERMEDIARIES A. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. B. This provision shall survive closing. 10. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days from the appraisal date. 11. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 12. OTHER PROVISIONS: None ~~ 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day andl~ first above written. g f] AS TO SEL~!1:r~~ DATE: .~., -:z:.~.' ., ..:~; ....":' ~. ".. ") \ " ., " ~\. '- .,.. . ATTE~T': ,','i..:,i7 ",.J ". \.. '., DWIß~r E~ ~RÐC~~~e~~ ; '~" 4li'~~ 13y: "~'" .x'i' ,,\.:, ' '.I ~) ,lÞ "~) ·.......,~~puty C rk Attest as t'ó' a.,It*"·' s s1C)naturt oal,. AS TO BUYER: ~ ~ ~ ð-' Wi ess (signature) ,Nt A ,0 ¡::'. -~J,.. 0 ¿¡tL (pn na .. BOARD OF COUNTY COMMISSIONERS COLLlE~O NTY, FLORIDA À W C,·,.., BY: . r; FRED W. COYLE, CHAIRMÁW AVATAR PROPERTIES INC., a Florida Corporation ¡g~J~ DENNIS J. GE AN EXECUTIVE VICE PRESIDENT Avatar Properties Inc. 201 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF F~QfUQ.A:_ COUNTY OF DADE:· 01 ,., The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of .:Jd /f/ð" , 2005. by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a Florida corporation. on behalf of the corporation. He is personally known to me or who has produced as identification. ð':.0'f P(.I.(; ~~~" .' ~ COtoINISSION NUNBEA . 0(; 00162830 ~~ jJ NY COtoIUISSOi EXI"ÆS OFf\.0 ~. 2006 ~ d ~~M-~ (Signature of Notary Public) It/JA~I'ù IJ. Fc'ê/..../)i:;A.. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: /) () / ~ :J. f5 3 0 My Commission Expires: 'II "f I,,~ Approved as to legal :Z;ZffiC~C~ Ellen T. Chadwell Assistant County Attorney Item# lbt I Agenda 'Z..'8 .0.5 Date Date '1-27·0.5 Rec'd if:=k~ 3 Ul:t-'U::' I H I:::.G 1:::.1 I I, thtUndersigned, do hereby ackn~ledge receipt oflne above described depos" in tne amount 0.16 E 1 ~ $~\ ~:::;n 5- on this V~ ~ the day of ~ t) L..~, ' 2005. (J--~:\J"J\ ~ '¥ ck~ -i±- :;l1L\: ~.~ b~ W¡JJu-.ß'>-- (\).JJ.<-" ~\)\'ÖL- 4 ORIGINAL DOCtThtIENTS CHECKLIST & ROUTING SLIP 1 j6 £ 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO + THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNA TURE ..~ . Prim on pink paper. Attach to original document. Original documents shouJd be hand delivered to the Board Office. The completoo routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor infonnation needed, If the document is aJready complete with the exce tion of the Chainnan's si ature. draw a line throu h routin lines #1 throu h #4, com lete the checklist. and forward to Sue Filson (line #5). --B,C)ute to Addressee(s) Office Initials D_ate----/ (List in [Quan order) 1. (The primary cont;¡ct is the holder of the original document pending BeC approvaL NonnaUy the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact st;¡ff for additionaJ or missing infonnation. AU original documents needing the Bee Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the item.) Name of Primary Staff Conw.ct Agenda Date Item was A roved b the BCC Type of Document Attached 2. 3. 4. 5. Sue Filson, Exec . e Manager Board of County Commissioners...... 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. - INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a (icable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullitied. Be aware of our deadlines! The document was approved by the BeC on " (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attornev's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. _......--' Yes (Initial) N/ A (Not A licable) ~ (: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: July 28, 2005 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Statutory Deed Warren Allen Raymond - Grantee 16£1 Enclosed please find one (1) original document, as referenced above (Agenda Item #16El), which was approved by the Board of County Commissioners on Tuesday, February 8,2005. After recording, please return original to the Minutes and Records Department. If you should have any questions, please contact me at 774-84ll. Thank you. .-.-..«.-..-.---....,- Prep~rl'c1 by: Ellen r. Ch.IJWf'll. f.squ1re Offir:e of thi: County Attorney 3301 East T~i,}M1 Trail Naple$, Florida 34112 ( 941 ) 714-08400 16 £1 STATUTORY DEED THIS DEED, made this df-f1h. day of 3 ~~. 2005, by COLLIER COUNTY, a political subdivision of the State of Florida, having a maif4ì address of 3301 East Tam/ami Trail, Naples, Florida 34112, hereinafter cal/ed the Grantor, to W RREN ALLEN RAYMOND, having a mailing address of 1180 Fairfax Lane, Weston, Florida 33326-2922, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the fol/owing described land lying and being in Collier County, Florida: The West 75 feet of the West 150 feet of Tract 75, Golden Gate Estates, Unit 78, according to the plat thereof as recorded in Plat Book 5, Page 16, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BRQ.GK,:Cler~ . .... - . . . t' (\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t ',( BY:ðfMi: Q¡ ~,-:k ". :,. ", " ~ . /'~ Attlsta,....to Chai...,,,', S,' d . , . ., unature OftJ,J.,:"··, '" .'" . , tl: ;.\,' By: ~W. C~ FRED W. COYLE, CHAIR N- t form' legal sufficiency ~'ed as o. ;.-/-- i ~ ~~-~ Ass 1 stant Count,y Attorne.V Ellen T. Chadwell Item# Jloé I Agenda 1... '8 . 05 Date Page 1 of 1 16F3 Patricia L. Morgan <-·-~~-<-~--~'_____~<----"____m__<~,_.".,__~____~<_"~,_.~___~<~_a,,·,,~.~__,.~<~,.__<_/,_~_,.._,_<_ X~-.,.," '''''~<_''''''''''W~'_''.,__<~~,,,."-...<,,,,.,"~_<._.~,,,_",,~.<'''~~.__~_'<____~'>~.,--.,...~~__.~_~~.~._.~_ From: BernalMaria [MariaBernal@colliergov.net] Sent: Friday, February 11, 2005 3:09 PM To: Minutes and Records Cc: Hovel!, Ronald Subject: BCC Agenda item 16F3 approved on 2-8-2005 Trish, Per our discussion, the above ES has the wrong project number. Can you please attach a document to this item to indicate the correct project number should be 90500, Thank you in advance for your assistance. Maria Bernal Tourist Tax Coordinator Convention and Visitors Bureau Phone: 213-2966 Fax: 403-2404 2/11/2005 -_.._._'"''',..,;,.,...,_._"----.~--~-_._- MEMORANDUM Date: February 14,2005 To: Tammy Williams From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: CRA Grant Collier County Community Redevelopment Agency and Ms. Mitzie Sheehan Enclosed please find the original Agreement, as referenced above, approved by Board of County Commissioners on Tuesday, February 8, 2005 (Agenda Item 16G2). Please forward to the appropriate parties. Copies of the documents are being kept on file in the Minutes and Records Department. If you should have any questions, please contact me at 732-2646 ext. 7240 Thank you. Enclosure 16G2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 G 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ot1ìce. The comp1eted rouling slip and original documents are to be forwarded to the Board Ot1ìce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin2 order) 1. ---- 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (lòe primary contact is the bolder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of tile addressees above, including Sue Filson, need to contact staff for additional or missing information. All original docwnents needing the BeC Chairman's signature are to be del ivered to the BeC office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Docwnents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ·ate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages &om ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties ex the BeC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BeC approval of the document or the final De otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si e and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bce office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time ftame or the BCC's actions are nullified. Be aware of our deadJines! t: Forms! County Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 12605 r/j{1-' 16G2 AMENDMENT TO GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE/GATEW AY TRIANGLE REDEVELOPMENT AREA TO EXTEND COMPLETION OF CONSTRUCTION . THIS AMENDMENT TO AGREEMENT ENTERED into this ;¿¡ day of ~(//lr~ ' d0<2) by and between the Collier County Community Redevelopment gency (h remafter referred to as "CRA") and Ms. MltZle Sheehan (heremafter referred to as "Owner")( collectively, the "Parties"). WIT N E SSE T H: \ WHEREAS, Owner has previously applied for and entered into an approved Site Improvement Grant Agreement for properties located at 1948 A & B Shadowlawn Drive in the amount of$6,600.00 dollars; and WHEREAS, the Owner has requested an extension of the time to complete construction of Site Improvements under that Agreement due to hurricane-related delays causing labor and material shortages. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the Parties agree as follows: Owner agrees to complete the construction of the Site Improvements no later than April 29,2005, and all other terms of the Parties' Agreement will remain in effect. IN WITNESS WHEREOF, the Parties have executed this Amendment to Agreement on the date and year first written above. (I) d-L~ Witness Signature OWNER: .-.~--... C/'vd (1vJ/.er Printed/Typed Name By: cfllL/:~ /' ~l~ f'Z'-L (' :~£ S)t?eÆ'D¡L ~> --...... (7 Printed/Typed Name ~~f úJ'&.- ~tR. tJ//tlipzS. Printed/Typ Name .. 16G2 ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E.",;B.¥-PCK. Clerk REDEVELOPMENT AGENCY t C~",..t. "~./ 1:~i. '1, .......It.¡¡,:,., ...,:.i··...-.. t .~" By: !/!~ d~ : ~'. > . ::. DO 'A FIALA, Chainnan Approved as to fonn and legal sufficiency: ~~\~ Assistant County Attorney Page 2 of2 ---...-..-.-.^'.......-----" .... --- -~--.... TIT ~ ..-- 1 ~I/A-I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 8, 2005 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1. Productivity Committee - Minutes for December 15, 2004. H:Data/Fonnat "---._-- ,__ H' __.·^.,__·,~___.._.,~_,~..'-=M.'" ,-~".__. 'M·""~'.·._·"··"~"'~". _.~.. .,~~".,.,.. ~'>"-" .".'- .-. )~rlPr1 / MEMORANDUM DATE: January 21, 2005 TO: Board of County Commissioners FROM: Barbetta Hutchinson, Executive Secretary, OMB SUBJECT: Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of December 15,2004. Please do not hesitate to contact me at 774-8973, or Debbie Wight at 774-8383, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC :)J'3 /05 ----....-. ¡ / ft>CLjrf:\-1 Collíer County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 - "--...__._~.. I~I 1(4( COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - December 15, 2004; 2 p.m. Members Present: Syd Blum, Rob Dowling, Stan Farnham, Dex Groose, Steve Harrison, Matt Hudson, Al Kozel, Helen Philbin, Joe Swaja and Janet Vasey Members Absent (Excused): Celia Fellows resigned effective 12/15/2004. Liaison: Commissioner Coyle Staff Present: Amy Patterson, Impact Fee Manager, Community Development; Denny Baker, Director, Financial Administration & Housing, Community Development; Marla Ramsey, Interim Administrator, Public Services Division; Joe Delate, Project Manager, Parks and Recreation Department; Len Price, Administrator, Administrative Services; Kelsey Ward, Contract Administration Manager, Purchasing Department; Debbie Wight, County Manager's Office; and Barbetta Hutchinson, Office of Management & Budget. Also present: Michael Kirk, Director Real Estate and Asset Manager, Bob Spencer, in place of Steve Fain, Finance Director and Alvah Hardy, Executive Director of Planning and Construction, all representing Collier County Public Schools I. Introduction: A. ûPening Remarks - There being a quorum, Joe Swaja, Chairman, called the meeting to order at 2 p.m. Joe informed the group that committee member Janet Vasey was selected to receive the Advisory Committee Outstanding Member A ward. The presentation is scheduled for Tuesday, January 11, 2005 at 9 a.m. in the Commission Chambers. B. Approval of Minutes - There being no changes to the November 17,2004 meeting minutes, Janet Vasey made a motion to approve; Matt Hudson seconded, and the committee unanimously approved. II. Old Business: A. Impact Study Report --Amy Patterson, Impact Fee Manager, Community Development & Environmental Services Division, reviewed the entire impact fee study program. She distributed a copy of the status report on each of the on going impact fee studies. Those areas are: Correctional Facilities (The contract has been terminated with Henderson, Young & Company and assigned to Dunkin Associates. The draft report is complete pending final information from the Property Appraiser's Office); Law Enforcement (The contract has been terminated with Henderson, Young & Company and assigned to Tindale-Oliver and Associates. The draft report has been completed and is pending the submittal of the three final pieces of information to be provided by the Sheriff's Office - If these items are not given by the next meeting, the Committee will draft a letter of request); Emergency Medical Services (The study is complete pending resolution of three issues: 1) determination of the appropriate credit to be included as a component of the impact fee, 2) issues related to the useful life and replacement of cars and other capital, and 3) budget and funding source questions); Educational Facilities (The consultant estimated that the earliest completion date ofa draft report would be March 2005 due to the fact that the information is so stale and must be redone); Fire Protection (Request letter and Scope of Services are complete and have been forwarded Page 10f5 ~--" --- -_.-..~_. .~.._.~-_._-----_.".< . IlPrA-Jftl to the independent fire districts. Included in the scope is a requirement that the final report be completed no later than June 30, 2005); and Parks and Recreational Facilities (Kick-off meeting is scheduled for January 12, 2005). A copy of her presentation is made a part of these minutes. Amy will provide a milestones time line in the very new future. Janet Vasey noted that a replacement for Celia as the Chair of the Parks and Recreation Subcommittee needs to be determined. Syd Blum volunteered for the position. Amy will provide Syd with the minutes of the past meeting and will inform Syd of the date and time of the next meeting. B. Collier County School Board Impact Fees - Michael Kirk, Bob Spencer and Alvah Hardy ITom the Collier County Public Schools were present to discuss the impact fee which was last updated in 1992. Michael Kirk displayed and reviewed a future school location map with the locations of proposed schools within the next five years. Since 1999, the school district has been aggressively acquiring property. He addressed issues of class-size reduction and the importánce of working and coordinating efforts with the county staff. Five elementary schools, two middle schools and one high school are planned to be built within the next five years. In addition, several schools will have additions built in order to accommodate more students. Mr. Kirk said that there is a staff working group which is made up of a representative ITom every municipality as well as several representatives ITom the county. One of the primary duties was to create a matrix to determine what inITastructure needs are in order to build the schools that are necessary. They need to take into consideration other infrastructure such as roads, water and sewer. Alvah Hardy spoke on the capital work plan. The three-year cycle for review of impact fees started in the year 2000. Before that, there was no process for review. Since the implementation, the schools are attempting to follow this cycle. Being heavily regulated by the State is a problem, making building schools difficult because of heavy regulations. In order to approve building a school, the proposed school must be filled past capacity in a five-year cycle in order to document need. Therefore, we have portables. Because ofthe current planning process, we will always have them. At the meeting of the Issues 2005 Legislative Delegation, five superintendents ITom this area put in a plea to the legislative body blook into proposing some legislation to change the planning process. In addition, he noted that the school currently has control of the necessary property to build every school in their five-year plan. They also have four or five properties for the second five years. It gets harder and harder to find property the required size (35 parcels), so two-story construction will be something they will be considering. Janet Vasey asked for verification that out of five elementary, two middle and one high school that four elementary and one middle are due to class size reduction. She stated impact fees cannot be used to build these schools because they are not related to actual growth. Bob Spencer stated that we have to rely on the consultants to decide how much comes ITom new construction, ITom existing homes, class-size reduction, etc. in order to determine a correct impact fee number. The challenge for the consultant is trying to segregate class-size reduction ITom the growth factors of new home construction and residential homes that are having children that did not have children before. Joe Swaja asked, "What would the impact fees have to be to fund the schools if driven by growth?" Mr. Spencer said he would have no idea and that it would be up to consultants whose expertise would be able to make that determination. Mr. Kirk noted that every community goes through growth cycles and each community in the Collier area will enter into a cycle at different times. Page 2 of5 .-. _..._.~ ~..."-~ }l£;I , ~( Planning for those cycles is critical. The School Board and Collier County must work together, make a recommendation to the Board of County Commissioners, which will decide the final numbers. The impact fee was discussed in length and the importance of doing the correct analysis. Problems with Henderson, Young & Company were addressed. Because of concerns with this finn, the motion to change consultants was made by Stan Farnham and seconded by Matt Hudson. ~Joe Swaja will compose a letter to the Board of County Commissioners recommending the action. Joe stated that our next step will be when Amy gets back to us with when the impact fees will come to us. We can't do anything until we get that answer. C. Update from Benefits Subcommittee - Helen Philbin addressed the group and updated them about the subcommittee's meeting with Douglas Ley who provided an overview on the different type of health plans available. Consumer driven plans are the wave of the future, with education being the key to the growth and acceptance of the program. Dex Groose noted that he felt the presentation was biased towards keeping the existing plan and not doing anything dramatic. He thinks we need some other outside opinions. He also asked why we negotiate only with NCH when competitive bidding should include Cleveland Clinic? The county may be going that way in the future, using the availability of Cleveland Clinic as a wedge. Joe Swaja asked ifthere was any thought given to having two plans, including one for the older employees and another for the others. Helen said they could probably slowly introduce a new plan to the employees. Len Price stated that since rates have doubled over the last four to five years, there is a plan in place for the employee's contribution changing from the current 82%-18% co-pay plan to an 80%-20% plan. Steve Harrison asked how the benefit package of the county stood in comparison with the private sector and Helen responded that they are very close. D. Update from Budget Subcommittee - Steve Harrison advised the group that a letter regarding the consolidation issue was given out. Debbie sent an e-mail to the members regarding the consolidation as well as an EDC response. Janet said the Anderson response to our review did not even address the major issues such as the fact thatwe do not believe in the validity of millions of dollars of revenue shortfalls that they have predicted over the next 10 years. Syd talked with David Ellis of CBIA and a representative of the State Homebuilders Association, who asked him why we were so against the recommendation from Anderson. He stated he couldn't talk to them about anything that has not been published and invited them to this meeting. They assured him that one of them would be here. If the subcommittee is going to proceed with this project, then we need the sheriffs cooperation and the Clerk of Courts. Commissioner Coyle stated that the reason for the study was not to consolidate districts, but to fmd areas of efficiencies where we could work together. He also noted that Golden Gate Fire Chief Don Peterson was a very progressive thinker and very cooperative in working with the government. Steve Harrison stated that by the time of our next meeting, we should firm up with the school district and know which fire districts will participate. As a committee we should hit on the functional areas of finance, IT and HR Len Price will coordinate three or four persons (Directors or Managers) to follow-through and visit their physical locations and do diagrams. Len will ask them to be here for our next meeting. Len will arrange a meeting between those chosen and Steve before the subcommittee meeting to put together a presentation. The next Budget Subcommittee meeting was set for Friday, January 7,2005 at 2 p.m. III. New Business: Page 30[5 .__......... *-, -,..-,...,.~. -~--- )[PI lA-( A. Collier County Contract Administration Process - Kelsey Ward, Contract Administration Manager, was present to discuss the improvements in the contract negotiation process over the past few years. A team that Kelsey leads oversees the administration of on going contracts and is available to participate in negotiations. In addition, every contract issued by the Contract Administration section is intricately reviewed to make sure staff is writing the best contracts in order to serve the county's interests and reduce loopholes. This group now holds contractors and consultants accountable for their actions through weekly monitoring of the projects. Syd asked Kelsey how we know that each project represents good value. Kelsey and Len explained the difference between the RFP process and the bid process. Using a road construction project as an example, the RFP process is initiated when a project requires the services of an engineer, which is governed by Florida Statute 287.055, Consultant Competitive Negotiation Act. At that time, the county sends up to 300 requests to engineering firms for a response. Out of those 300, between five and 25 actually send in proposals. Those companies are then reviewed by the selection committee based on past experience, ability to perform, history of keeping to budget and many other selection factors. When the company is selected to perform the project, they then give the county a pricing proposal on the job. Kelsey's group negotiates the contract, holds the company accountable for being on time, makes sure milestones are being met, assures the contractor is fulfilling all terms of the contract and also handles any problems with the individual companies. Additionally, after the project starts, each invoice is scrutinized for correctness by the project manager. In addition, Kelsey's section is very carefully reviewing each and every change order before approving them. Her section attends kick- off meetings for every project and gets weekly project updates so that they may react quickly to any potential problem. Upon completion of the project, using the "Bernie vendor evaluation system" (named for General Bernard), the project manager evaluates the company on what they did right and what they did wrong. The results are then taken into consideration for award of future projects. The first unofficial pilot for contract negotiation four years ago resulted in a savings of $2.7 million. Kelsey passed out the Contracts Administration Newsletter that will be produced on a monthly basis. B. Discussion of Value Engineering of County Capital Proiects. particularly North Naples Regional Park - Marla Ramsey discussed the park project beginning with conception up until present day. Syd asked if there was a completion date in the contract. Joe Delate replied that a completion date is in the contract. Marla passed out a sheet that was reviewed by the project team beginning in 2002. Joe Delate discussed the project RFP and bid process that happened with the general contractor, Kraft Construction, over the past two years. After cost reductions and value-engineering impacts, the final project was reduced by $9 million from the point of concept. Dex expressed concerned about having Kraft do the bidding selection because they get their fee from the bottom line. He also asked whether or not we paid a fee to Kraft based on taxed or pre-taxed dollars. Joe Delate stated that we paid the fee after tax, but would suggest to the contract negotiation team that they to look into this matter on future contracts. Dex addressed the issue of payment of insurance while the building is in construction, expressing his concern that FEMA would be responsible for any damage. Commissioner Coyle stated that he discussed this issue with the County Manager and the project is insured for a substantially lesser amount than the actual value. IV. Comments/Su2:2:estions - Stan Farnham advised that the selection process for the position of Senior Management & Operations Consultant is in the final stage. The top two applicants have been chosen for final interviews and he is very happy with the outcome. He will email Winona and request that if one of these two is not hired, then the process start from scratch since there is such a great difference between the top two candidates and the others. Page 4 of5 ._--" ."__"'0_ ".._,~ . _._._, --_.,~......- _______>_.__.__.__ _0 1~rlftl Commissioner Coyle suggested to the group that they rethink the word "consolidation" in the title of the Consolidation Study. He's a:fÌaid that there is reluctance to be cooperative because of the connotation of that word. Joe Swaja agreed to review the name and perhaps come up with a different word. ~ Joe asked Debbie to invite representatives from the following departments to the next Budget Subcommittee meeting to discuss future efficiency efforts: Finance, IT and Human Resources. Syd Blum asked the group if they would like the President of the Florida Human Resource Directors to be present at the next committee meeting to address the group. The group affirmed the suggestion. Debbie will assist Steve Harrison in scheduling a meeting with Len Price, the IT Director, HR Director, and Budget Director, Mike Smykowski at the Budget Subcommittee meeting. Debbie Wight told the group there were going to be five openings coming up on the Productivity Committee. She passed out a term appointment and expiration status sheet along with copies of an application form and asked the group for their assistance in finding new members. Commissioner Coyle told the group that he would ask the Board to allow him to continue to be the Productivity Committee liaison for another year in order to follow through with the Consolidation Study. Meeting adjourned at 5:10 p.m. Next Meetin2:: The next meeting of the Productivity Committee is scheduled for Wednesday, January 19,2005,2 p.m. in the County Manager's Office front conference room, 2nd floor of the W. Harmon Turner building (Administration Building ). -" . Page 5 of5 <--,-- --..._--~. ---,.._^_....,._._"~~,- ~""._..,...-._.__..._"..... -;-- ---~-_...- 17A .! COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS .. To: Clerk to the Board: Please place the following as a: Nonnallegal Advertisement Other: (Display Adv., location, etc.) .........................................................~.~...................,..[;....... Originating DeptJ Div: Cornm.Dev.Serv./Planning Person: . Date: I 50S Petition No. (If none, give brief description): Petitioner: (Name & Address): Ray Bellows, AICP, Manager, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Fla. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC -Ã.. BZA - Other Requested Hearing date: 218105 Based on advertisement appearing 11 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include le2al description & common location & Size): Petitioo: SB-2004-AR-6830 (RB) To eorrect the title that was approved with incorrect zoning atlas map numbers for Ordinance No. 2004-69. The correct zoning atlas map numbers are 8616N and 86168. Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: ¡hlo)' Approved by: ~Daœ ' - County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ..*.*.**********....*.**....****.***************.*.*.*******************..***.*.**.********************** FOR CLERK'S OFFICE USE ONLY: Date Received: J - 10- () 5_ Date of Public hearing: ,. g-. oS Date Advertised: 1·2.~ -OS .~_. ... ..._"."._<--,----~ · -, 17A - ORDINANCE NO. 05-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED. THE COUJER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO CORRECT ORDINANCE NUMBER 2004-69, SClUVENER'S ERROR AMENDMENT FOR TIlE TBRAFINA PLANNED UNIT DEVELOPMENT (POO) AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Co1líer Co1Dlty Board of Commissioners adopted Ordinance No. 2004-69, on October 26,2004, and; WHEREAS, following said action adopting Ordinance No. 2004-69, planning staff discovered that a zoning atlas'map was incorrectly referenced and the reference to the land development code was iDcorrcct1y cbanged both of which constitute a scrivener's mor. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUBR COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT A. The Title of Ordinance Number 2004-69, scrivener's errOT amendment .to the Tcrafina PUD. is hereby amended to read 88 follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2.l.:.1Q2. 2004-44- THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDINO THE THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8616N AND ~, .ül§S.. AND BY CHANOING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED REAL PROPERTY FROM "POO" TO "Pt.rn" PLANNED UNIT DEVELOPMENT KNOWN A& TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK. SUBDIVISION AND NORTH OF THE OLD CYPRESS ,PUD,IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRE$; PR,OVIDING FOR TIm REPEAL OF ORDINANCE NUMBER 01-71, THE FORMER TBRAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. B. The text of Ordinance Number 04-1 S, the Terafina POO, is hereby amended to read as follows: The zoning classification of the herein described real property located in SectiOD 16, Township 48 South, Range 26 East, Collier èo1Dlty, Florida, is ch8ngcd from "PUD" to "PUD" Pl.atmcd Unit Development in accordance with the PUD Document, attached hereto as Exhibit" A", Words 9trUek he. are deleted; words underlined are added. Page I of 2 --- -¡--"""--",.,,,,<'~'-~~-,-~.~.~.~.~.' -.' .-~-... ---''''''''~'~''~~'--'--- ."" "" ~,._.---"'-'- ~ 17A ..;. - which is incorporated herein and by reference made part hereof. The Official Zoning Atlu Map numbered 8616N and ~. WiS as described in oi:c:linAnœ Number 91-102. the Collier County Land Development Code. are hereby amended acCordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filiDg with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioi1ers of Collier County, Florida. this day of ,2005. A TI'BST: BOARD OF COUNTY COMMISSIONERS DWlOlIT B. BROCK. Clerk COLLIER COUN1Y, FLORIDA BY: . CHAIRMAN Approved as to Fonn and Legal Sufficiency: î:Y'::tM,Lì}1. ()t.li~ Marjo M. Student ~istImt County Attorney SB-2004........'Ðcw.B/Ip j I I Words iHNek døoeagk are deleted; words 1µUIerlined are added. Page 2 of 2 .,-- . ~..~,-~-<.,- 17A January 10,2005 Attn: Pam Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2004-AR-6830 (RB) - Scrivener's Error on Ordinance 04-69 Dear Pam: Please advertise the above referenced petition on Sunday, January 23, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Linda A. Houtzer Deputy Clerk P.O. Account # 113-138312-649110 . -,~_._--......."._,._..~ _~__.m_",___,___~"'_ .- _._-----,.__.._._...~~--_.,.~,.<.,..,._.'"-- NOTICE OF INTENT TO CONSIDER ORDINANCE 17A Notice is hereby given that on Tuesday, February 8, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO CORRECT ORDINANCE NUMBER 2004-69 SCRiVENER'S ERROR AMENDMENT FOR THE TERAFINA PLANNED UNIT DEVELOPMENT (PUD) AND BY PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register - with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk (SEAL) ----.-.- _._- --~._"..,+,-,_.._..,- --- """ 'Góunty-of-Cøllier 17A ~..,~~ '~."" \ CLERK OF THE èJ¡~CQIT COURT Dwight E. Brock COLLIER COUNTY ~UR1ttOUSE Clerk of Courts 3301 TAMIAMI IL EA~T Clerk of Courts . P.O. BOX 4 ~O44\\ Accountant NAPLES, FLORIDA ~ß,101-30~A Auditor '/.( I Custodian of County Funds ,-.ù,-; l '-"':=<"",',;:::.:.-. ;::&.j.':~"" , \.,_J ,- January 10,2005 Ray Bellows, AICP Manager Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 Re: Notice of Public Hearing to consider Petition SE-04-AR-6830 (RB) / Scrivener's Error on Ordinance 04-69 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ G.;. ~, cÌJ.(!" Linda A. Houtzer Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us ... ~.,. d' ,..~.,------..._~,-,.._...,..- -- "~ '__""~'_~H______ 17A £índã .ßl. .JÎoutzer from: £índâ A. :J-Iòutzer Sent: 7ítesdà~ January 1l~ 2005 I0:22 .ßl.M 7ó: £egaÚ ('£-maíi) Suiject: 5'£-2004 -A:R -6830 ÇiOOI.-{ .'Morn mtJ, 'Please ~7{fvertíse tlìe attached"notice on January 23,2()OS ~ !J SE -2004-AR-6830.cSE-2004-AR-6830.d ac at ¡(YOLl hdve any questions, pféase /, fl. Thank you, Linda :hUnu tes and 1?.econÚ 1 ~._-_._.~ -"~"".~""_.~ "-----.--..- ---.,-.'- 17A £índã.ßl. :Jfõutzer frum: yostmaster@e!érk.coflierfCus Sent: 7ítesdã}t January I~ 2005 IO:22 AM 7ó: £índã Ýl. :Jfõutzer Suijeet: :Delivery Status :Nôt!fìeatíon (:Refãy) I~ B - ATT20507.txt SE-2004-AR-6830 This is {In au qeneratcf..('})efhlen¡ Stûtus .'NÒtífìcûtíOll. t_" ~ ..,' Vour messûfle {Ù:t..\ been successfÚlh¡ to the jÒtlÒwil1t/ recipients, hut tfie requesteddèlìvery statu.s l1oUfications tnût¡ 1101 {1e [lel1erLlted ¡ dé,,-tínallo/1. I. fèga Ú(d)n{..~p[èsne).v s.cmn 1 "--,--~.__._...,., -- ··~-___·__.____",.k___~___..<.·"M"'"' ,...,.,........'_..,... ___·..·"_'·N."~.~',,_...,,~,_·,""'~ _"_, ..,,,,, _."---,.._--~.,"---~"--..._-_._--~--- 17A £índá .A. :JIòutzer from: System .ßldmínístrator fþostmaster@nqpfêsnews.comJ Sent: 7ûesdãJÞ January II.. 2005 10:22 ..ßl.M 7ó: £índã.ßl. Ylóutzer Suo/eet· :Delivered: S:E-2004-.AR-6830 B "- .- SE-2004-AR-6830 «5':£-2004 -,)1:.R -6830» To: LegaLS ('I-maiO Su~iect: SE-2004-.íll\-6830 Sent: 'TÚe, 11 Jan 200S1O:22:02 -OS-(JO ì-vas ddívered'to tfie ¡iJ{l(nvìnf/ recípien ¡(s.J: ¡'cHaÚ on 1ít€!, 11 Jan 2005 10:21:43 -0500 1 ,-~-~""-,, "~--- ~__,___.~.m_~, SE-2004-AR-6830 Page 1 of 1 17A Linda A. Houtzer From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, January 11, 2005 10:56 AM To: Linda A. Houtzer Subject: RE: 5E-2004-AR-6830 OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@clerk.collier.fl.us] Sent: Tuesday, January 11, 2005 10:22 AM To: Legals (E-mail) Subject: SE-2004-AR-6830 .'/'I¡!fJrlllJ1g, vL'rtise tfie IwlÙ /1 SU.II :!,:';}.,!()()I:) < <5 E -2004-AR -6830 .doc> > «5E -2004-AR -6830. dot> > If YOll have £.U11./ quest IOns, please (f 77 n. dnk 1./011, :i'yj [II U fe, iIlld" 'Rc¡'ord; 1/11/2005 --..,.-..- _····m~._.,.~·""_...~·__,___~,_~·.__~._~__,_~~~."_,_.._~'.'""""".'" ,.~,."-"--"...-"..-.---"-..--,--.,,,,.- · Naples Daily News -NOTICI'OfINTENlN~<¡ 1 7 A ~. Naples, FL 34102 I COI4SIHRORDtN Notice Is herebY .Pe1ven Affidavit of Publication that8,~:-~~: ----------------------------~~~::~-~~~:~-~:~~-----+----------------- ~~~lJ~~;~:ll center 3301 Þtt Tam a- I ml Träø:~. florIda, \ the lIoard of County o . Ionets will con- BOARD OF COUNTY COMMISSIONERS ~lcIe.~.~ t en.o'f'" d ln~~c~~ CHERI LEFARA 'h;o~:'~AWI1l com- PO BOX 413016 mence,,", ~ ~r~ NAPLES FL 34101-3016 ::,:......._ \ t:G~Rm~~~~~~: 11r~\.UER COUN-¡, '1.ANI) ~LOPMI'NT, REFERENCE: 001230 11313 831264911 0 -aD!. IV :r~~!glr;. \ 58976202 NOTICE OF INTENT TO ~~\AAfr~ØM.NT TO CORRICT ORDINANCE , _ 2004-69 SC~IV- State of FlorldaNUM 's ERROR AMI'NO- County of Collier ~~¡r,. FOR T\41' TE~AFI' Before the undersigned authority, personally NA Ò~~D(P'6U;rftfD appeared B. Lamb, who on oath says that she serves ~~LpRO'lIÞING FO~ AN as Assistant Corporate Secretary of the Naples ~þA~ Daily News, a daily newspaper published at Naples, COp'les 0' the propos,d in Collier County, Florida: that the attached orèllna~ceCr::k ~~ ih~ copy of advertising was published in said . ;~t~"1WIÙIable d 1 . d . . ~............. AII-Inter- newspaper on ates lste ··..........."'"'~are Invited Affiant further says that the said Naples Daily ~~beheard. News is a newspaper published at Naples, in said sw~~ Collier County, Florida, and that the said r~J!io~p~n any newspaper has heretofore been continuously &ginda Item must ~~: published in said Collier County, Florida, each ~n=~~}rpre- day and has been entered as second class mail ~~~dw~:~:! matter at the post office in Naples, in said \~vt~r~~~s wlli Collier County, Florida, for a period of 1 year be limited to 5 mlnu,te~ next preceding the first publication of the on ~':'tnct\~':I'fo attached copy of advertisement; and affiant~':1dt onbe1'la" of al~ further says that she has neither paid nor Orgc:=.~ln~!Og. promised any person, firm or corporation any ~~ed'by the ChaIrman. discount, rebate, commission or refund for the aspo~:p~~z~~~ purpose of securing this advertisement for ~y~ all 10 mln- publiction in the said newspaper .=to speak on an PUBLISHED ON: 01/23 P. eno~~. I~~~P~I~ ~..., ~al ntluöed In ~da pack- !I'd'" submit said ~mlnlmUm of 3. weeb .jl'to.. to the reo r""""""publlc hearing. I ......W·èøe. wrItI:en ma· AD SPACE: 112.000 INCH \ ~'.rd.ms.Wo~ F I LED ON: 01/24/05 šìiålf,be sutmltted to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - \ the ItPpn.lP.rlate County ;0 -------? \ ::ffd:::IñJ~~.f~ 'i~~ Signature of Affiant - øubnCh8arlnol' "~~~:: 4 \ tedal used en lise soard Sworn to and Subscribed before me this :JV'¿' daY]1 fJ..:;:r:¡ Ø,- 2o'lS .:\t'Ir-~eø.o.me.a perdma- -&. - I nentpartofdwr8Cor , Personally known by meu'1 Å.Á i?.Þf ß U./~ C-òy... Any peI'1Onatw:~e~fil~~\ r ~~= will need a\ record of the proceed- i In9l! p.ertalnlng thereto and tnerefore. may need to ens1Ire that a verbatl13 record of the "'_\"';;;'" 'iarriett \),usr,ong ,,' procee 1~::dI1n~~3:š ",W';V::?\ M"rO~1!v1!SSIONlt DD2~j689 tAP¡Kt: ~~IC~~QnY.nd evl- '.i. t:.m!.. ::I' . \.. 7d 100' " . dence upon :.hlCh the ."'~ 0:- ,~'('''-ll:.¡',í.~_ ¡!\i\ ¡ppealIsÞIM _ ;:.<¡'r~~\'t> ' ... BOA~O OF COUNTY COMMISSIONERS COI..LI£~ COUNTY, r-~~YLE. CHAI~MAN \ DWIGHT E. BROCK, CLERK Iy: LI~ A. Houtzer. ~ 1 Jan. 23 ~0,-9.0063 17A J ¡ Date: February 17, 2005 To: Ray Bellows, Planner From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2005-06 Enclosed please find one validated document as referenced above, Agenda Item #17 A, approved by the Board of County Commissioners on Tuesday, February 8, 2005.. If you should have any questions, please contact me at 774-8411 Thank you. Enclosures ~-~~->."..,._.._^_...".__._"- _·"n..._>.._....·.__.'"_,_~".,,""_.'""'.., . ""''''.>.-."",-"" , "---~---------_..__.- oebo~ - () £, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP. - TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17 A ,:'>: ... ., THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA T . (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order CDES ) /sJ~ s 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. NoOllally the primary contact is the person who created/prepared the executive summary. Primary contact infoOllation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infoOllation. All original documents needing the BCC ChaiOllan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Ray V. Bellows, Zoning Manager Phone Number 403-2463 Contact Agenda Date Item was February 8, 2005 Agenda Item Number 17 If Approved bv the BCC Type of Document Ordinance (SE-04-AR-6830) Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed f5 by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's \<3 Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe g) document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's \F3 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip (23 should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: FoOlls! County FoOlls! BCC FoOlls! Original Documents Routing Slip WWS Original 9.03.04 -'---", -~"",,,,,,,,,.~._."'''''''-''''''''''''-'''''.''''"- ".,"~..,,.. _.-", - '·.~__·~'~'·_'k . >·_...~_.".__mH'_"_'" .. 17A ,t 1 ORDINANCE NO. 05- 06 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO CORRECT ORDINANCE NUMBER 2004-69, SCRIVENER'S ERROR AMENDMENT FOR THE TERAFINA PLANNED UNIT DEVELOPMENT (PUD) AND BY PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 2004-69, on October 26, 2004, and; WHEREAS, following said action adopting Ordinance No. 2004-69, planning staff discovered that a zoning atlas map was incorrectly referenced and the reference to the land development code was incorrectly changed both of which constitute a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT A. The Title of Ordinance Number 2004-69, scrivener's error amendment to the Terafina PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, 2004 41 THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE THE OFFICIAL ZONING A TLAS MAPS NUMBERED 8616N AND ~, 8616S, AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 01-71, THE FORMER TERAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. B. The text of Ordinance Number 04-15, the Terafina PUD, is hereby amended to read as follows: The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", Words struck through are deleted; words underlined are added. Page 1 of 2 . 17.1¡ which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8616N and ~, 8616S as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, rJh ;: J . Florida, this X - day of . t? ' i J/ lit ~1 ' 2005. {/ ATTEST: ...".., ' . ~ .. ~ BOARD OF COUNTY COMMISSIONERS DWIGHT E.~~~@erk COLLIER COUNTY, F~R¡~ "~ ..' . . 6!<, "(¡' ...., , '''' : " . . ~t!... BY: ~. . ., ....t- A· st S 1;·: ;:<1 . FRED W. COYLE ,C RMAN s1 ~&li\~ :-, ~ß .,<", '. ",.. .. f::;' Legal Suffit~ë),':;\ .....,,{~. '1.'4 .....,~c..)'. . SU3\.'~' ,.- l)1~.ù_1l1'ì~d Mmjori M, Student '. Assistant County Attorney SE-2004-AR -683 OIRB/sp Words struck through are deleted; words underlined are added, Page 2 of 2 STATE OF FLORIDA) 17A 'f-R , COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-06 Which was adopted by the Board of County Commissioners on the 8th day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of February, 2005. DWIGHT E. BROCK Clerk of courtss~~~.:~,~~;£k Ex-officio 7.9' .~o" ii"~ of·<:Ø-6. :': County CommJ;-sih r~""'t.·~t:.... -; : ~ : to. ~·'·'¡I..";; .~; . : .... : 'I. ~V:.r-":: {1;.:" ' '. .~ 't',. , ..,~ 1J,.:yt.. ~ " '" ·.,7~~. ,.}' -?"A", ". ~ .....':..'~....s: ·....:~~¡;;/?ìJ,,~ ' By: Linda A. '. o~'itjÚ:'~~~\'~:'~ .~,; J', "-r' '"- " 1"'~.'" ' Deputy Clerk .........t~'~~'~;·.(~¡) ·~~}~·_~:J!T::>~6~·>(' <-,,' ..-.,,-- >~..~._.".,_.,"~- --'-" -.~~.._~,- -"--,.....,-_." - I County Manàgeragend. fIle: to :Q.equeSting DMsfoD Original Clerk'. Offi~e I I B. Other hearings: Initiating Division head to approve and submit original to Clèrk's Office, retaining a' cOÞÝ for file. I ***********************************************************************************~*************** FOR CLERK'S OFFICE USE ONLY: Dale Adv,,",od: ~ 66 Dale ofPublk hearin¡:~ I Date Received: I I I I - _._~. . ~"- ~_............ -'" --... ~ ___"'~_"~~_"_X"_' _^_~._.__ ....~---- -- 61/13/2885 16:48 23%436%8 ŒLLIER CTY ZetHI>6 PAŒ 63/05 178 .-a ORDINANCE NO.OS- _ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABUSHED THE COMPREHENSIVE ZONING REGULATIONS FOR mE UNlNCORPORA TED AREA OF COLUER COUNTY, FLORIDA. BY AMENDING mE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING TIlE ZONING CLASSIFICA 'nON OF THE SUBJECT PROPERTY LOCATED AT 2901 COUNTY BARN ROAD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY. FLORIDA. FROM THE "E" EST A TES ZONING DISTRICT TO nm "P" PUBLIC ZONING DISTRICT TO EXPAND UPON mE CURRENT USE. OF REPAIR AND STORAGE OF VEHICLES BELONGING TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND RELOCATE SIMILAR FACILITIES FOR THE COLLIER COUNTY SHERIFFS ornCE AND EMERGENCY MEDICAL SERVICES ON-SITE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHERF...AS, Dales Disney of Disney and Associates, and Dwi¡bt Nadeau of Rwa, Inc., rqnsenting the Collier County Board Of County Commissiooef$, petitioned the Board of CQW1ty Commissioners to change the zoning classification of the herein deseribed real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property ID.OIe pørti<:uJady described in Exhibit "A," attached and inoorporated by reference, located in Section 8, Township SO South. Range 26 East. Collier County, Florida, is changed from the "E" Estates zoning di!áric:t to the "P" Public zoning district to expand upon the current use, of repair and storage of vehicles belonging to tbe Collier County Boatd of County Commissioners, and relocate similar facilities for the Collier County Sheriff's Office and Emergency Medical Services on-site and the appropriate zoning atJas map or maps., as described in Ordinance 04-41, as amended, the CoUier CoIIoty Land Development Code is hereby amended aceordingly. The subject real property is approved subject to the following conditions ~g,CTION TWO; This Ordinance shall become effective upon filing with the I)qJertment of State. Page 1 of 2 ".",,-- _"'"' ._--~".~ ,.. ._-,---'-,~",,-^-_.~._..<-' '" 'V11 ~- 61/13/2605 16:40 2396436968 COLLIER CTY ZCNING PAGE 64/135 '" 178 PASSED AND DULY ADOPTED by the Board of Cowrty CommissioDc:rs of Collier County, Florida, this day of .2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK. CLERK DEPUTY CLERK APPROVED AS TO FORM ~LEGAL SUFFICIENCY, r~~ ' \J.w. Patrick G. 'te Assistant County Attorney RL-lOO4·M-6Z09IMBIJp Page 2 of 2 -- ".__'.I/OII~ .......... " -)---~'._~'.~"~~"'_. , . 1 7-8-' '"', . . I LEGAL DESCRIPTION: Section: 8 Township: 50S Range: 26E ! Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 004032803 Metes & Bounds Description: The South ~ of the North ~ of the Southeast ~ of the Southwest Yo. of Section 8. Township 50 South. Range 26 East. Situated and lving within Collier County. Florida Exc~tin~ there~om the west 50 feet. The subiect Darcel contains 433.829.09 square feet or 9.96 Acres more or less. Exhibit "A" -.- ~ -~"". -~-,.. 178 January 14,2005 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ-2004-AR-6209 Collier County Fleet Facility Dear Pam: Please advertise the above referenced notice on Sunday, January 23, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank: you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 113-138312-649110 ----,---,-,.._." ._. ,_.""_._----",._-_....-..-_----~._.-._.---"._.~.,_.'...~--.- .~.__._--".".,~._~._~_._-~-"._~-_._--~---_..__..._-"".-- 178 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 8, 2005, in the Boardroom, 3 rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED AT 2901 COUNTY BARN ROAD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE "E" ESTATES ZONING DISTRICT TO THE UP" PUBLIC ZONING DISTRICT TO EXPAND UPON THE CURRENT USE, OF REPAIR AND STORAGE OF VEHICLES BELONGING TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND RELOCATE SIMILAR FACILITIES FOR THE COLLIER COUNTY SHERIFF'S OFFICE AND EMERGENCY MEDICAL SERVICES ON-SITE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING FOR AN EFFECTIVE DATE. Petition RZ-2004-AR-6209, Collier County Board of County Commissioners, represented by Dwight Nadeau of RWA, Inc. and Dalas Disney, of Disney and Associates, requesting a rezone from the E Estates zoning district to the P Public zoning district to expand upon the current use, of repair and storage of vehicles belonging to the Collier County Board of County Commissioners, and relocate similar facilities for the Collier County Sheriff's Office and Emergency Medical Services on-site. The property, consisting of 9.96 acres, is located at 2901 County Barn Road, Section 8, Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. .___.__....._."_._.__~_._...... '_.__n,~_,,,.,,~_'._"'.·~.._."·· "__"·'_~"'N4.__"__""'·~"'O"." "_"""~"_"""_'_"'>.""_~""''''_'>' ".. .._...."~._...__"_..__.,__~,.""<.,......,__"._....,~,_______~_~··_·c··.···<,,~~_____~_"···_· 178 Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) <--,~ -..--.-- 178 ,.f¡ .~ouptypfeollier ... . CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURmpUSE Clerk of Courts 330Í' TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX4}3044 Accountant NAPLES, FLORIDA 34101-3044 Auditor l~ J Custodian of County Funds ..it. ...r-: January 14, 2005 Dwight Nadeau RWA, Inc. 3050 N. Horseshoe Drive, Suite 270 Naples, Florida 34104 Re: Notice of Public Hearing to consider Petition RZ-2004-AR-6209 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t~' ~~~:~~~'C~k Enclosure Phone-(239)732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl.us .. ·...""""'-Þ _.-._~", ~~.~--...-~""-" ._-~._._.- Heidi R. Rockhold 178 From: Heidi R. Rockhold Sent: Friday, January 14, 2005 10:04 AM To: 'Iegals@naplesnews.com' Subject: RZ-2004-AR-6209, Collier County Fleet Facility J{í Pam, p{ease aávertíse tne attacneá notíce on Sunáay, January 23, 2005. ~ ~ RZ -2004-AR-6209.cRZ -2004-AR-6209.d oc oc If you fiave any questíons, p{ease ca{{ me at 732-2646 ext. 7240. '11ianÆ you, J{eíáí 1{. 'RocÆfio{á :Mínutes aná '.Recorás Heidi Rockhold I A___~" " -"-<..."._""".."~"~~--_."-",,,,,,,.......,---",_..._-_.,,-" ,..-- 178 Heidi R. Rockhold From: postmaster@clerk.collier.fl.us Sent: Friday, January 14, 2005 10:04 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) I~ B '~~.' - ATT08055.txt RZ-2004-AR-6209, Collier Count... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Heidi Rockhold ] ----~- _'""..,"-~-......- Heidi R. Rockhold 178 From: System Administrator [postmaster@naplesnews.com] Sent: Friday, January 14, 2005 10:02 AM To: Heidi R. Rockhold Subject: Delivered: RZ-2004-AR-6209, Collier County Fleet Facility B '-' RZ-2004-AR-6209, Collier Count... «RZ-2004-AR-6209, Collier County Fleet Facility» Your message To: legals@naplesnews.com Subject: RZ-2004-AR-6209, Collier County Fleet Facility Sent: Fri, 14 Jan 2005 10:03:36 -0500 was delivered to the following recipient(s): legals on Fri, 14 Jan 2005 10:01:41 -0500 Heidi Rockhold ] RZ-2004-AR-6209, Collier County Fleet Facility Page 1 of 1 178 Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, January 14, 2005 10:37 AM To: Heidi R. Rockhold Subject: RE: RZ-2004-AR-6209, Collier County Fleet Facility OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collier.fl.us] Sent: Friday, January 14, 2005 10:04 AM To: legals@naplesnews.com Subject: RZ-2004-AR-6209, Collier County Fleet Facility :J{í Pam, PCease aávertise tfí.e attacfí.eá notíce on Sunáay, January 23, 2005. «RZ-2004-AR-6209.doc» «RZ-2004-AR -6209.doc» if you nave any questíons, yCease ca{{ me at 732-2646 ext. 7240. '11ian~ you, :J{eíáí 1{. 'Roc~fío{á :Mínutes aná'Recorãs 1/1412005 ,'------,,- --..'..--...---- - Naples Daily News 1 i7 fJ Naples, FL 34102 Affidavi t of Publication Petition RZ-2004-Ml· . 6209, Collier couqty Naples Dally News Board of County c~m- _ _ _ - - _ _ - - - - - - - - - - _ - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ missioners, repr....ed -_ bY Dwight Nadeau of RZ-2004-AR·6209 ·RWA. Ine. and DaIa$ Ols- NOTICE OF INTiNTTO n!!y, of Disney and Asso' CONSIDER ORDINANCE , clãtes, requesting are· I zone from the E Estates BOARD OF COUNTY COMMISSIONERS I Nha0tlce Is hereby given zoning district to the P CHERI LEFARA t t on TUESDAY, Febru· Publlè zoning district to It'Y 8, 200!5. In the tIoard· expand upon the cur- PO BOX 413016 room, 3rdFloor. Admin- rent use. qf repair and NAPLES FL 3 41 0 1 3 0 16 IstratlonB,otIkSln,. Col- storage of vehicles be- - lIer CountY Government 10n,Ing to the Collier Center, 3301 East Tamla- County Board of county ml Trail, Naples, FlorIda, Commissioners. and re- the Board01CountYC locate similar facilities Commlllsloners wHl con-: for the ,collier County sider the enactment of Sheriff s Office and a County Ordinance Emergency Medical REFERENCE: 001230 113138312649110 The meeting will com: Services on·slte. The 58978544 RZ-2004 -AR-6209NOTIC menœ at 9:00 A.M. The property, consisting of title of the P=Sed Or- 9.96 acres. Is. located at dInanc I . 2901 County Barn Road, . e s as ows. Section 8. Township 50 State of Florlc;la AN ORDINANCE OF THE South. Range 26 East. County of Colller BOARD OF COUNTY COlllerCounty,FlorIda. Before the undersigned authority, personally COMMISSIONERS OF CO).les of the proposed appeared B. Lamb, who on oath says that she serves i:it.~J.~ 8R~P,Ji~JE Or(lna~ce rrek on me as Assistant Corporate Secretary of the Naples ~UrBER 04-41, AS ;::~~teXdCa:::- av~labl:! Daily News, a daily newspaper published at Naples, c~u~~tl~t 'b~'-.}~I~1 for Inspection. Alllnter-I in Collier County, Florida: that the attached OPMENT CODE WHICH¡' r:~~:-! In:ed f d .. bl' h d· . d ESnllUSHllJ TNt 'tOM- f!61I/' . copy 0 a vertlslng was pu lS e ln sal PREHENSIVE ZONING " Ish- newspaper on dates listed. REGULATiONS FOR THE ~nOJEioA~lp~e:~m:nwany Affiant further says that the said Naples Daily g~INcf8~~A.'8u~\A agenda Item must regis- News is a newspaper published at Naples, in said FLORIDA, BY AMENDING =n¡:=:t:ef~g~~},Yp~: Collier County, Florida, and that the said THE APPROPRIATE ZON- sentatlon 0 the agenda . ING ATLAS MAP OR Item to be addressed newspaper has heretofore been contlnuously MAPS BY CHANGING Individual speakers wlli published in said Collier County, Florida, each THE ZOÞUNG CLASSIFI- be limited to 5 minutes . 1 CATION OF THE SUBJECT on any Item The selee- day and has been entered as second class mal PROPERTY LOCATED AT tlon of an Individual to h ff" 1 . . d 2901 COUNTY BARN matter at t e post 0 lce ln Nap es, ln sal ROAD IN SECTION 8 speak on behalf of an C 11' C t Fl . d f . d f 1 ' organization or group Is o ler oun y, orl a, or a perlo 0 year TOWNSHIP 50 SOUTH, encouraged If recog- next preceding the first publication of the ~~~~1:oC~lt'iR nlzed by the Chairman, attached copy of advertisement· and affiant FROM THÈ "E' ESTATES a spokesperson for a .' . group or organization further says that she has nel ther Pald nor ZONING DISTRICT TO ma,Y be allotted 10 min- . . . THE "P" PU8L1C ZONING t t k promlsed any person, flrm or corporatlon any DISTRICT TO EXPAND u es 0 spea on an d· b .. f d f h UPON THE CURRENT Item. lscount, re ate, commlSSlon or re un or t e USE OF REPAIR AND f . th' d t . t f O¡" Persons wishing to have purp?se. 0 ~ecurlng. lS aver lsemen or ~Ö::~0.fo ~I~~\S written or graphic ma. publlctlon ln the sald newspaper. UER COUNTY SOARD OF terlals Included In the COUNTY COMMISSION- Board agenda packet~ / ERS AND RELOCATE must submit said ma PUBLISHED ON: 01 23 sIMILAR FACILITIES FOR terlal a minimum of 3 THE COLLIER COUNTY weeks prior to the re- SHERIFF'S OFFICE AND ~I~.t',b~~~r~~: EMERGENCY MEDICAL terlars Intended to be SERVICES ON'S~L PRO- considered by the Board VIDING FOR STArT AND shall be submitted to PLANNING COMMISSION the appropriate County STIPULATIONS; AND BY staff a minimum of sev- AD SPACE: 173.000 INCH PROVIDING FOR AN EF- en days prior to the FILED ON' 01/24/05 FECTIVEDATE. CUbllC hearing. All ma· --------~-----------------------------------------+------------------------- t~~~~~~t~~~~~~ ß /-f will become a perma- S . t f Af f . t ~ nent part of the record. I 19na ure 0 lan , ~ -~~~ . .' , . to a eal a decision of Sworn to and Subscrlbed before me thlS;;2t¡ ,day of ~_....... 2'Ö c¿5 the If:ard will need are- n 1 cord of the proceedings ertalnlng thereto and Personally known by me :2(. " 'LA" ß,.<A· '~ 1\,.,.,.... m" ",' " ensure that a verbatim record of the proceed- Ings Is made, which re- cord Includes ~ testl- mon)' an!! evidence upon whlcli the appeal . BOARD OF COUNTY "'''''''' Harnett Bushong ,".' .. COMMIISIONERS ,,';~>?'-'{~!l;"_ ,..OM' "SS\Ot,! J, , D1ì')346B9 E,,\'\RI.' ~ CO L LIE R CO U N T Y , .'~:' rf'0 '.:~ f,,\Y \.. ,lVi, "- ,-. FLORIDA ':~:'=' luIv24,¿007. ,. FREDCOYLE,CHAIRMAN :'0~'5k-:'''" . "'C . ,;, ,'~".. 't.IC1I'J,n~NC'. ¡hl D WIG H T E. B ROC K, '¡"~"""Q~" '-:jONt,r" 1\, , ' ' CLERK ',,~r,,\~'" .\ ~~~e¿~lr:' ROCkhOld. ' (SEAL) Jan. 23 No. 906468 __" '_.m 178 " Date: February 17, 2005 To: Mike Bosi, Planner From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2005-07 Enclosed please find one (1) copy of the validated document referenced above, Agenda Item #17B approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure ""-_._....~....._-"..~_.._.- -~...;.,,~.,-"'_.., __'"¡"....___,_"""._"'_~_ ~_~.._.. "" _.,-._~. "···"··_·_·····_,,··'~·,"~"·"~·_H "'-,'-~..~_.._......'-".__.-.,~. oRb o~ () 1- / 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1} c' , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ___ J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOlWarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and fOlWard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. Sandra Lea CDES administration ),1jf .i/¡ /~\J , 2. \ ;/ 3. /\ 4. / \'\, 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Mike bosi Phone Number 659-5745 Contact Agenda Date Item was 2-8-05 Agenda Item Number I,¡,r /7.1) Approved by the BCC Type of Document ordinance Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be x signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This inc1udes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the xflL document or the final ne!!:otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's x signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip x should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require fOlWarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 -"~"'~-"""..,, '."...~.,. . 178 . ORDINANCE NO.05- 07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NUMBER 04-41 , AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIA TE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED AT 2901 COUNTY BARN ROAD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE "E" EST A TES ZONING DISTRICT TO THE "P" PUBLIC ZONING DISTRICT TO EXPAND UPON THE CURRENT USE, OF REP AIR AND STORAGE OF VEHICLES BELONGING TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND RELOCATE SIMILAR FACILITIES FOR THE COLLIER COUNTY SHERIFF'S OFFICE AND EMERGENCY MEDICAL SERVICES ON-SITE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dalas Disney of Disney and Associates, and Dwight Nadeau of Rwa, Inc., representing the Collier County Board Of County Commissioners, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property more particularly described in Exhibit "A," attached and incorporated by reference, located in Section 8, Township 50 South, Range 26 East, Collier County, Florida, is changed from the "E" Estates zoning district to the "P" Public zoning district to expand upon the current use, of repair and storage of vehicles belonging to the Collier County Board of County Commissioners, and relocate similar facilities for the Collier County Sheriff's Office and Emergency Medical Services on-site and the appropriate zoning atlas map or maps, as described in Ordinance 04--41, as amended, the Collier County Land Development Code is hereby amended accordingly. The subject real property is approved subject to the following conditions SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 _.._.___·_...w.... -~-~~-~-- ~-------- ----~_._-_.... 178 y,1Ø' PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier f;11 '/, þ¡, { ~ 'f0os. County, Florida, this " . day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, CHAIR Att~st h~i.~·,' .:> " :: T ÇLERf<. Sl~:i~~~f~~/ ii' AND LEGAL ~El'@ CY:1,1 ~ ...~.'..' ,'. '<"'" ~"I,_,~.-~ t..,,',· ,.~,,:,', ~~te' ~!.Xf: Assistant County Attorney RZ-2004-AR-6209/MB/sp Page 2 of 2 178 " I LEGAL DESCRIPTION: Section: 8 Township: 50 S Range: 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 004032803 Metes & Bounds Description: The South 'l'í of the North 'l'í of the Southeast ~ of the Southwest ~ of Section 8. Township 50 South. Range 26 East. Situated and lying within Collier County. Florida Excepting therefrom the west 50 feet. The subject parcel contains 433.829.09 square feet or 9.96 Acres more or less. Exhibit "A" . _.~__o,n",,__ _._._"_._-~-~-~--".~" ,.._-,-^- 178 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-07 Which was adopted by the Board of County Commissioners on the 8th day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Colli~r County, Florida, this 9th day of February, 2005. DWIGHT E. BROCK . Clerk ~f.cour~s~~~~~i~~k Ex-offlCl0 tò,~å of.>·!;J County CommÚ~3';t' ".:~;...-,.,..t _ c. : :> ; t?'7- . .}.~: ~~. ~t'; . .,¡.-" . Œ~ '. ';" ".':ð j~, -",. '~I!.'" " . - ....~..;:¡ 0. '. .. "., . ~. ..' ~ ".,~, ." By: Llnda A. .' ~tf~'\) ,.t':?,'""" " !'tþ"''f-"i~~>_' ~~~;j...' , Deputy Clerk......·,,'~~h~¡. ·~l:!--;.· ·,:~:,:;;'~;.:.,~,:,r~~~:'~· ... ,;"'- ,....~ -....,-. ---,~,. _.,,_-o____.~.-.. . COLLIER COUNTY FLORIDA (i) 17C REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: t/ t/ t/ Normal legal Advertisement o Other: (Display Adv., location, etc.) ********....*****.*.********....************.***..*******....*****..******.*******..**....** Originating DeptJ Div: Comm.Dev.Serv./Planning * Person: Rick Grigg 2800 North Horseshoe Dr. lZ'u::.""-&el~&- Naples, FI. 34104 (239) 659 - 5731 * Put name & phone number in advertisement. Date: January 12, 2005 Petition No. (If none, give brief description): A VPLA T2004-AR6835 (Santorini Villas at Olde Cypress Lots I - 19) Petitioner: (Name & Address): Stock Development 4501 Tamiami Trail North, # 300 Naples, FI 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) I) Terry Cole, P.E., c/o Hole-Montes 950 Encore Way Naples, FI 34110 (Agent) 2) See list of adjacent property owners. Hearing before t/ t/ t/ Bee BZA Other Requested Hearing date: FEBRUARY 8, 2005 Newspaper(s) to be used: (Complete only ¡fimportant): t/ t/ t/ Naples Daily News Other t/ t/ t/ Legally Required Proposed Text: (Include legal description & common location & Size: Recommendation to approve Petition A VPLA T2004-AR6835 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 35 foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2, according to the plat of "Santorini Villas at Olde Cypress" as recorded in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? t/ t/ t/ Yes 0 No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 131-138327-649030 Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) LIST OF ADJACENT PROPERTY OWNERS DISTIUBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary leeal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's otrlCe will distribute copies: t/ t/ t/ County Manager agenda me: t/ t/ t/ Requesting Division t/ t/ t/ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *...*.*...*..*.*.*.*.*..*********..****.*.*********...........-..._*................*....... FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: ..~.~.---'''--'''- ;.,-..,--".-.... -'~--'- ------ 17C .~ " '\¡ .: RESOLUTION NO. 1005- A RESOLUTION OF TIíE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PEmION AVPLAT2004-AR6835 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTBREST IN A PORTION' OF nœ 35 FOOT WIDE DRAINAGE BASEMENT LOCATED ALONG THE REAR OF LOTS 1 TIiROUGH 19 AND TRACT B2. ACCORDING TO TIm PLAT OF "SANTORINI VIu.AS AT OillE CYPRESS" AS RECORDED IN PLAT BOOK 34, PAGES 47 lHROUGH 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCA1ED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to S~ûon 177.101, Florida Statutes, Terry Cole, P.E., from Hole-Montes, Inc., 88 agent for the petititioner, Stock Development, does hereby request the vacation of a portion of the 35 foot wide drainage easement located along the rear of Lot:¡ 1 through 1 9 and Tract B2, according to the plat of "Santorini Villas at aide Cypress" 88 recordÏ:d . in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 35 foot wide drainage easement located along the rear of Lots "I through 19 and Tract B2 accor~ to the plat of "Santorini Villas at Olde Cypress" .88 more fully described below,and . notice of said public hearing to vacate was given as required by law; and WHEREAS, the gnmting of the vacation willllOt adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE. IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's e8llement interests over BDd acr~S8 the following portion of the 35 foot wide ~e easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Pap J of2 .-~- ""m --' 17C BE IT FURTHER RESOLVED, thai; the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the ~ded plat as refereDœd above. This RcBolution is adopted this day of , 2005, after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Cbaimtan Approved as to fonn and legal sufficiency: .~~.~. J 'erA.Bel '0 . 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KAYLE, PAUL=& MARCIA 307~ SANTORINI CT 2 ./ 47n¡; CONNOR, HOWARO=& PEGGY HOLLIS 3079 SANTORINI CT 3 ./ 72590004722 GADOMSKI, JAMES F=& JOYCE 0 3083 SANTORINI CT 4 / 12 REIMER, DAVID l=& ANNETTE Y 3087 SANTORINI CT 5 I 72590004764 ALVARO, VICTOR H 3091 SANTORINI CT 6 / 12591)004780 COSGROVEJR,ROBERTJ 3095 SANTORINI CT ~ / 72590004803 DANESE, NICHOLAS=& DIANE 3099 SANTORINI CT 8tEj / 72.59.00.04.82.9. VANSICKLE, JAMES H"'& KATHLEEN 3103 SANTORINI CT /' 7;!~90004845 MALEK, PATRICIA A 3107 SANTORINI CT 8HE3 ./ 72!:!9.0004!l6.1. OlOE CYPRESS DEV l TO 3111 SANTORINI CT ,/ 72590004887 OlOE CYPRESS OEV L TD 311~ SANTORINI CT 812 ,/ 725900049.0.0 OlOE CYPRESS DEV L TD 3119 SANTORINI CT 13 .,/ OlOE CYPRESS DEV L TO 3123 SANTORINI CT 14 ./ 72590004942 OlOE CYPRESS DEV l TD 3127 SANTORINI CT 815 ./ W9 OlOE CYPRESS DEV L TD 3131 SANTORINI CT 16 ./ -- L-I~I of ¡:).b ~ Ac.. EN-'- o rLt oJ E e=~ ( Rrz Co635 ~R AI ,0 {;Z...l N I Vll,..L..-r-+<s ') http://www.collierappraiser.comlGetData.asp?whichpage= 1 &pagesize=20&sqlQuery= 1/6/2005 ~ "·.~~_"_'''~~~·_~'____'_"H_'·'. _.·.·._w·"_·.._·<·,,..~"<"._.·,_.,"·,_.o·. ___""___"""_0_ Page 1 of 1 -- Records found that match your search: 59 ...1l c Page 2 of 3 Folio No. Owner Name Street No. Street Name Blk/Bldg Lot/Unit 72590004984 OLDE CYPRESS DEV L TD 3135 SANTORINI CT 17 ./ 7259.Q00500(1 OLDE CYPRESS DEV L TD 3139 SANTORINI CT 18 ./ 72590005022 DININO, JOHN M=& SUSAN R 3155 SANTORINI CT 19 ,/ 7258Q005048 STEPHENS, CAROL LYNN 3210 SANTORINI CT 20 ,/ 72.590005064 ASHBRIDGE, SUSAN 3206 SANTORINI CT 21 ,/ 7259QQO~80 STOCK CONSTRUCTION LLC 3202 SANTORINI CT 22 .,/ STOCK CONSTRUCTION LLC 3198 SANTORINI CT 23 ./ 7259000.512,9 SOKOLlS, WILLIAM T=& ANITA K 3194 SANTORINI CT 24 / LONG TR, PATRICK F 3190 SANTORINI CT 25 ,/ 721i9000s161 STOCK CONSTRUCTION LLC 3186 SANTORINI CT 26 .¡' 7A9M!l6.18J STOCK CONSTRUCTION LLC 3182 SANTORINI CT ~ /' 72590005200 NAPLES FMLY PRTNRSHP, THE 3178 SANTORINI CT ,/ 725!!QOO5226 WARD, KENNETH C=& CAROLEJEAN P 3174 SANTORINI CT ../ 72590005242 HAM, DONALD R=& HELEN A 3170 SANTORINI CT / 72590005268 ALLMAN, DONALD R.& CATHY C 3168 SANTORINI CT §~ / 7259000$284 STOCK CONSTRUCTION LLC 3162 SANTORINI CT / 72,590,005307 STOCK CONSTRUCTION LLC 3158 SANTORINI CT 33 ./ 7 SCHULTZE, ROBERT L=& MARSHA 3154 SANTORINI CT 34 ,/ 72590005,349 JOHNSON, GORDON S.& JENNIFER A 3150 SANTORINI CT 35 / 7 SCHEETZ, JON J=& MELANIE K 3146 SANTORINI CT 36 vi _Page: QL 02, PJ-=œíï http://www .collierappraiser .comlGetData.asp?whichpage=2&pagesize=20&sqI Query= 1/612005 ~-"--,,,-~~«_...-- - ~., _H~"'_'''''''~___ ~ ...¡Lt... ...-._".,~~ .. _··_·,·_'"~_·,~··>~._,,_____·~o_~~_·__'~ Page 1 of 1 .... C .. '. , - Records found that match your search: 59 Page 3 of 3 Folio No. Owner Name Street No. Street Name BlklBldg Lot/Unit 72.!:i.90.006381 SERIO, JOSEPH A=& WINORA G 3142 SANTORINI CT 37 ./ 726.90006404 HANSMAN, CHANDLER D 3138 SANTORINI CT 38 / 72690005420 WHITTLE, JOHN L=& JUDITH A 3134 SANTORINI CT 39 ./ 7259.0.00.5446- STOCK CONSTRUCTION LLC 3130 SANTORINI CT 40 'II' 72690005.462. STOCK CONSTRUCTION LLC 3126 SANTORINI CT 41 -/ 726900.0.64.88.. DELLIGATTI, ROGER"& NANCY L 3122 SANTORINI CT 42 ~ PYLE, ELEANOR B 3118 SANTORINI CT 43 7259000.552.7 LABRAKE, WILLIAM J 3114 SANTORINI CT 44 ~ KNOBLAUCH, DENNIS L..& SANDRA S 3110 SANTORINI CT 45 725900Q6569 LUSHER, GARY R 3106 SANTORINI CT 46 ./ I 725900055851 BURGO, RAYMOND J=& SANDRA L 3102 SANTORINI CT 47 ,/ 72590005608 VITACCO TR, JOHN C=& FAITH S 3098 SANTORINI CT 48 v 7269Q005.62.4 TAGERT, ANTHONY R.& GUDRUN W 3094 SANTORINI CT 49 ,/ 7259000.5640. MURPHY, STEPHEN M=& CAROLYN A 3090 SANTORJNI CT 50 / 72590.01)66&6 JENSEN, B GARY=& SUSAN L 3086 SANTORINI CT 51 ~ 72590005682 KANDILlS, CHARLES"& ANNE 3082 SANTORJNI CT ~ 72590005705 LEAVY, ROBERT M=& SYLVIA 3078 SANTORINI CT 53 ./ 72590005721 STEINER, CURT 3074 SANTORINI CT 54 ,/ 72590005747 HURLEY, JOHN J=& SILVIA P 3070 SANTORINI CT 55 ,/ _Page: 01, 02, 03 http://www.collierappraiser.com/GetData. asp?whichpage=3 &pagesize=20&sql Query= 1/612005 nH··_·.,__......M_'____.. T ~..V-.~. ..._..."_~.,~"~.._'. . "-"-"--'"-"-_."-,.'-'-"'- 17C <~ January 13, 2005 Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: A VPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Pam: Please advertise the above referenced notice on Sunday, January 23, 2005, and again on Sunday, January 30, 2005 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./ Account # 912501 M,_'n"" ^.~"....__.,~--"~-"---~..- 17C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 8, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2004-AR6835 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 35 foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2, according to the plat of "Santorini Villas at Olde Cypress" as recorded in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based., Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) -,.."~.._.- " ","""'''"'_M~_' .11 ~""---- ....._.~ - 17C Co~t~_of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 330r TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor Custodian of County Funds January 13, 2005 Terry Cole, P.E. , C/O Hole-Montes 950 Encore Way Naples, Florida 34110 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at alde Cypress Lots 1-19) Dear Terry Cole, P.E. : Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:!:. ~~~::::~~eClerk Enclosure Phone-(239)732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl.us --.-.--. ,,,._-~ 'CòJ.iiity-ofCøl1ier 17C . ·......f~ ,....._, \ CLERK OF THE GIRCUIT COURT '-~ \ Dwight E. Brock COllIER COUNTY tURTItOUSE Clerk of Courts 3301·TAMIAMI T IL EÀiST Clerk of Courts . P.O. BOX 4 ~044 \. Accountant NAPLES, FLORIDA ~ß.IOl-3d44 Auditor ~.( I Custodian of County Funds ,~j'L ~ I '1"'\3. ~¡ ! / January 13, 2005 Stock Development 4501 Tamiami Trail North #300 Naples, Florida 34103 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Stock Development: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t!: R~~!~; ~~rk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.colIier.fl.us Email: colIierclerk@clerk.colIier.fl.us " ~_._"------,--~-,._"",. --. "-."-- --- County of Collier 1 7 C CLERK OF THE CIRCUIT COURT . COLLIER COUNTY COURTHOUSE DWight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor Custodian of County Funds January 13, 2005 aIde Cypress Dev LTD 3067 Santorini Court Naples, Florida 34119-7708 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Re: (3067-Lot 1); (3111-Lot 11); (3115-Lot 12); (3119-Lot 13); (3123-Lot 14); (3127-Lot 15); (3131-Lot 16); (3135-Lot 17); (3139-Lot 18) Santorini Court Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 1~~ R~k~:'~:: ~rk Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.ft.us Email- collierclerk@clerk.collier.ft.us --,,,'~ ._,~ 'CóiJiity-öfCøl,lier 17C CLERK OF THÊ'CIRCUIT COURT . \ Dwight E. Brock COLLIER COUNTY ~URTÌ'i.OUSE Clerk of Courts 3301 TAMIAMI T IL EA;ST Clerk of Courts . P.O. BOX 4i~044 \\ Accountant NAPLES, FLORIDA;~,1101-3044 Auditor ~I . Custodian of County Funds ýf I '}~/\:'~-: , , I ~J ...-1 ¡- January 13, 2005 Richard R. Perron 3071 Santorini Court Lot #1 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~r1; . R~~h~:,~~1 C~~k Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.cIerk.collier.fl.us Email: collierclerk@cIerk.colIier.fl.us ~--~ "",.-,-.." 'Coiipty-...~fGøl,~ier 1 7 C CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY~UR~OUSE 3301 TAMIAMI '. IL EAtT Clerk of Courts Clerk of Courts . P.O. BOX 4~~044 \, Accountant NAPLES, FLORIDA ~j101-3d44 Auditor 1{ i Custodian of County Funds '~'flt1~' ./ ... " , I GA /' January 13, 2005 Paul & Marcia Kayle 3075 Santorini Court Lot #2 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~. ·R~~h9d~~'C~~k Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us .... -- "'"" -.... "'"."'M< ~_.,_.-'-" County of Collier 17C CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURmOUSE Clerk of Courts 3301 T AMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor Custodian of County Funds January 13, 2005 Howard & Peggy Hollis Connor 3079 Santorini Court Lot #3 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~.. R~kh~~~' ~e~k Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 W ebsite- www.clerk.collier.ft.us Email- colIierclerk@clerk.colIier.ft.us ~".,-,_. -'"" --- --..,-.. ~....._".." .--.-..-- ;Coqp1y-ofCøllier 17C CLERK OF THE-CI)lCQIT COURT Dwight E. Brock COLLIER COUNTY qoURTij,OUSE Clerk of Courts 3301 TAMIAMI niAIL EAt$T Clerk of Courts . P.O. BOX 41;~044 .. Accountant NAPLES, FLORIDA ;~,410l-3044 Auditor ·.1 Custodian of County Funds ~'.( - January 13, 2005 James F. & Joyce D. Gadomski 3083 Santorini Court Lot #4 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~R.C:~~h~~~CClerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk(iiJclerk.collier.fl.us ..~,,;.--....., ,,----,,~.." -- .- CQÚµty-of·CølJier 17C CLERK OF THE"CIRCUIT COURT '-. \ Dwight E. Brock COLLIER COUNTY qoURTptOUSE Clerk of Courts 330 I TAMIAMI nµIL EÀ;ST Clerk of Courts . P.O. BOX 4~~044 \, Accountant , \ Auditor NAPLES, FLORIDA ~~101-3044 ..... " Custodian of County Funds V/, I -~ t., , '-:'::;',;;i:"~ I " ..<,.~., I '~1 - ,/ January 13, 2005 David L. & Annette Y. Reimer 3087 Santorini Court Lot #5 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~ . ~~h~:(:~ ~l:: Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.c1erk.collier.fl.us Email: collierclerk@clerk.coIlier.fl.us .-.- -~._.._,-.. ··..-""'0..___.,.,.,..,..... " ,n.'__ ---- 'COupfy-of-Cöllier 17C CLERK OF THE'-C!RCUIT COURT '-- \. Dwight E. Brock COLLIER COUNTY~URTl1;OUSE Clerk of Courts 3301·TAMIAMI ILEÀ~T Clerk of Courts . P.O. BOX 4f~044 \.. Accountant NAPLES, FLORIDA ;~ß,IOl-3044 Auditor '1/ I Custodian of County Funds ~"\/ ..-.",> .. ! r .k:{-~. I .'~!/ - / January 13, 2005 Victor H. Alvaro 3091 Santorini Court Lot #6 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~.. 2~k~~d~~:~ :~rk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.cIerk.collier.fl.us EmaiI: collierclerk@cIerk.collier.t1.us .--"'-" -- -_._- ".-.-".;>~ .....~...-..~-. 'C()iiiify-of-Cø'11ier 1 7 C CLERK OF THE--()IRCOIT COURT Dwight E. Brock COLLIER COUNTY~URT~USE Clerk of Courts 3301 TAMIAMI It EÆ T Clerk of Courts . P.O. BOX 4~}044 \. Accoun~ant NAPLES, FLORlDA ~ß,101-3d~A . Auditor v í CustodIan of County Funds -¥~, r "~~f~i;:' , , ( ~:?'-;.1 January 13, 2005 Robert J. Cosgrove, Jr. 3095 Santorini Court Lot #7 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:: R. ~o~9o:~O:;~ ~~erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us .~-µ -- ",--.- ,-,---- .--- CQµjify-ofCøl,lier 17C CLERK OF THE-CIRCUIT COURT - \ Dwight E. Brock COLLIER COUNTY qoURT4pUSE Clerk of Courts 3301TAMIAMI TRAIL EA~T Clerk of Courts . P.O. BOX 41;2044\, Accoun~ant NAPLES, FLORlDA\~jlOl-3~4 AudItor "I Custodian of County Funds v' I +':" I j (. ù._~~ . í :J. -;..1 January 13, 2005 Nicholas & Diane Danese 3099 Santorini Court Lot #8 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~. a G¡()~, iJ(' Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsitc: "t\'ww.c1erk.collier.fl.us Email: collierc1erk@c1erk.collier.ß.us -_..~,,,^,,,----...,"<_._. -- ------- .-- .-._..~.. ___".,,~_o COUl~·ty-~fCøllier 17C CLERK OF THE CIRCUIT COURT . . Dwight E. Brock COLLIER COUNTY qoURTptOUSE Clerk of Courts 3301 TAMIAMI niAIL EA<$T Clerk of Courts . P.O. BOX 4~~044 Accountant NAPLES, FLORIDA ~~jlOl-3044 Auditor -I Custodian of County Funds ~' /" .. January 13, 2005 James H. & Kathleen Vansickle 3103 Santorini Court Lot #9 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. Q. D¡øcJ:h£J, /)(' eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsitc: www.clerk.collier.fl.us Email: collierc1erk(ii) clerk. collier.fl. us -~" ~,-, . ".,,~-_._-~~..._.---.~.- ~,,-~ CQijgty-?fC~l~~ier 1 7 C CLERK OF THE CIRCUIT COURT \ Dwight E. Brock COLLIER COUNTY QoURTij,OUSE 3301 TAMIAMI Tl{AIL EÀ<ST Clerk of Courts Clerk of Courts . P.O. BOX 4i~044 \.. Accoun~ant NAPLES, FLORIDA~~,4101-3044 AudItor If,; Custodian of County Funds ,_.}.~.:.:,,> I ':j:,~:~> ! I ...! _7 /' January 13, 2005 Patricia A. Malek 3107 Santorini Court Lot #10 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK If:: Lcb Q O¡ Q cJ¿hoJiJ, JC eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Websitc: www.cIerk.collier.fl.us Email: collierclerk@cIerk.collier.fl.us ~~-~ ,,^,._-,~- ~ ~-~--"- ~_."...,._-_._- County of Collier 17C CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor Custodian of County Funds January 13, 2005 John M. & Susan R. Dinino 3155 Santorini Court Lot #19 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ '~~~~~~~t~lerk Enclosure Phone- (239) 732-2646 Fax-(239)775-2755 Web site- www.clerk.collier.ft.us Email- collierclerk@clerk.collier.fl.us ~.__.- --_...~- -. C01Áj1ty-of-Gø~lier 17C CLERK OF THE 'CIRCUIT COURT '-" \. Dwight E. Brock COLLIER COUNTYÆURTijPUSE Clerk of Courts 3301 TAMIAMI IL EÀ'$T Clerk of Courts !;¡: Accountant . P.O. BOX 4~~044 \" NAPLES, FLORIDA ~~j 1 0 1-3044 Auditor ....¡ " Custodian of County Funds t{. I I ':~',>,:~ '; i I j -;.1 January 13, 2005 Carol Lynn Stephens 3210 Santorini Court Lot #20 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK tidL Q D¡bcJlh oW ,J) (' eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us -...-. u,.,__~_...,"_...·,. -',--- 'COiijify-ofCøl.1ier 17C CLERK OF T}n~;'-C~RCU:IT COURT Dwight E. Brock COLLIER COUNTY ~URTÌi.OUSE Clerk of Courts 3301 TAMIAMI T. IL EÀ;ST Clerk of Courts , P.O. BOX 4i~044\,. Accountant NAPLES, FLORIDA ~~101-3044 Auditor 'I( I Custodian of County Funds ¡. ~- ; . .:.' .":-.~~ I .-1 ~7 / January 13, 2005 Susan Ashbridge 3206 Santorini Court Lot #21 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~.. ~~k~~~~'Y ~:erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.ß.us Email: collierclerk@clerk.collier.fl.us -,~ ...._~-_. _.....-.. -_.~.._. _'~H" ....-- Cøup.tyofet)1'-ier 17C -- , CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTIlOUSE Clerk of Courts 3301 TAMIAMI TMIL EA'ST Clerk of Courts . P.O. BOX4~044 Accountant NAPLES, FLORIDA 3.4101-3044 Auditor :i{ I Custodian of County Funds I .3~. . 1M: j <-"--1 January 13, 2005 Stock Construction LLC 3202 Santorini Court Lot #22 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Re: (3202-Lot 22); (3198-Lot 23); (3186-Lot 26); (3182-Lot 27); (3162-Lot 32); (3158-Lot 33); (3130-Lot 40); (3126-Lot 41) Santorini Court Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK . Q. Q~cAoß{J ¡ Oc Rockhold, Deputy Clerk Enclosure Phone-(239)732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.ß.us Email- collierclerk@clerk.collier.ß.us ~"--- . ,~..- Cü1.lp.ty- ofCølJier 17C <".;. ,"-.-. ! CLERK OF THE CIRCtJIT COURT '-. \ Dwight E. Brock COLLIER COUNTY ~URTijOUSE Clerk of Courts 330 I TAMIAMI T. IL EÀ;ST Clerk of Courts . P.O. BOX 41;~044 \. Accountant NAPLES, FLORIDA~~,1101-3Ò44 Auditor ., Custodian of County Funds V.( I , -,..:.;.... ! , jA " January 13, 2005 William T. & Anita K. Sokolis 3194 Santorini Court Lot #24 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ìJ!lu:!L . Q q 0 c1hoffJ I ÆC ~eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 \Vcbsitc: www.clerk.collicr.f1.us Email: collierclerk@clerk.collier.f1.us ....-..--...--- ~.. -.-"--'""~. CoUµty~~fGøllier 17C CLERK OF TH:É CIRCUIT COURT Dwight E. Brock COLLIER COUNTY qoURTij,OUSE Clerk of Courts 3301 TAMIAMI rJ,iAIL EÀ'5T Clerk of Courts . P.O. BOX 41'~'044 '. Accountant NAPLES, FLORIDk~,11 0 1-3044 Auditor --I Custodian of County Funds \I,' -, January 13, 2005 Patrick F. Long Trust 3190 Santorini Court Lot #25 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ;fucb- Q. O¡()cJidJ, Jc Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsite: www.clerk.collier.f1.us Email: collierclerk((vclerk.collier.f1. us .-. --. Gul.ipfy-ofCølJier 17C 'è.;.. ;-...._. ! CLERK OF THE CIRCUIT COURT '-.. \ Dwight E. Brock COLLIER COUNTY~URTijOUSE Clerk of Courts 330lTAMIAMI IL EÀiST Clerk of Courts . P.O. BOX 4~~044 ", Accountant NAPLES, FLORIDA ;~,1101-3d44 Auditor ....1 . Custodian of County Funds t/ í ". "y'-' ,'",,;,;y : -.{,>:).... i ,),.-7 - ,. January 13, 2005 The Naples Family Partnership 3178 Santorini Court Lot #28 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK >fIOÚ . a O¡or:1J¡OOJ, {)C eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsitc: www.clerk.collier.f1.us Email: collierclerk@clerk.collier.f1.us "- -";'~'-"' ~___H" ._-- Coù.pty-~fCöllier 17C CLERK OF THE CIRCUIT COURT - . . . Dwight E. Brock COLLIER COUNTY goURTPiPUSE Clerk of Courts 330lTAMIAMI TIµIL EÀ'ST Clerk of Courts . P.O. BOX 41'~O44 Accountant NAPLES, FLORIDA ~~5101-3044 Auditor -, Custodian of County Funds ~' }... - January 13, 2005 Kenneth C. & Carole Jean P. Ward 3174 Santorini Court Lot #29 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t~· ~kh~~'~~' ~:rk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Websitc: www.clerk.collier.f1.us Email: collierclerk(@clerk.collier.fl.us ""-<>;"'" ,..--... ..-.,--,",. - "--~ . Co1.Ì:p.fy-ofCølJier 17C CLERK OF THE"-CIRCUIT COURT ., \ Dwight E. Brock COLLIER COUNTY ~URTijPUSE Clerk of Courts 3301 TAMIAMI T. IL EÀi$T Clerk of Courts . P.O. BOX 4~~044 \, Accountant NAPLES, FLORIDA ~ðlOl-3044 Auditor ~I Custodian of County Funds v/ ¡ ...;-:1,:",:::..-. I i)::;,).... ! I ...3_:1 /" January 13, 2005 Donald R. & Helen A. Ham 3170 Santorini Court Lot #30 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r¡~:i~. ~Ck~~d~~~Y~ ~erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsitc: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us .. ""-"~ ""-._~-----~._'~"---~ Cœ.!pty-~fCøllier 17C CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY qoURTItPUSE Clerk of Courts 3301 TAMIAMI TRAIL EA'ST Clerk of Courts . P.O. BOX 4i~044. Accountant NAPLES, FLORlDA),11 01-3044 Auditor "' Custodian of County Funds \'/ January 13, 2005 Donald R. & Cathy C. Allman 3166 Santorini Court Lot #31 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at alde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK tt:R. ~~~~a::;u~C Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us ,'","'~"',.,.'" ~-_.._...~_.,~-,--,-"--_._".,,. .--.. ",--- c.OUJÙy-ofCølJier 17C CLERK OF ÍHE-(j~RCqIT COURT Dwight E. Brock COLLIER COUNTY ~URTÌ'tOUSE Clerk of Courts 3301 TAMIAMI T. IL EÀ;ST Clerk of Courts . P.O. BOX 4~~O44\, Accountant NAPLES, FLORIDA ~~,11 0 1-3044 Auditor -I . Custodian of County Funds t/. I t\> 1 ,. \ .~.¡,,:;.... ! ( :2_./' January 13, 2005 Robert L. & Marsha Schultze 3154 Santorini Court Lot #34 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at 01de Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. ~~9~1~~~:lerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us v.... .¡,.-' h ~,_..._~"~_ ~"._- ---- .- -.---"--. 'CO~_pty-()fCøl.1ier 17C CLERK OF THÉ--CIRCtJIT COURT , , Dwight E. Brock COLLIER COUNTY ~URTÌìOUSE Clerk of Courts 3301 TAMIAMI T IL EÀi$T Clerk of Courts . P.O. BOX 4~~044 \, Accountant NAPLES, FLORIDA ~4101-3044 Auditor v( Custodian of County Funds .....:::,t":~:,/.,,. ..,,::..,...... , )_1 / January 13, 2005 Gordon S. & Jennifer A. Johnson 3150 Santorini Court Lot #35 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~: ~~~~~~lerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us ."~""'.' m'"'''_C''' ~.,,"..---".-, 'Couiity-of.·GøUier 17C -'"F-. , ~ '-._" 1 CLERK OF THE ()~RCLIIT COURT Dwight E. Brock COLLIER COUNTY~UR~OUSE Clerk of Courts 3301·TAMIAMI It EA~T Clerk of Courts . P.O. BOX 4~~044 '\ Accountant NAPLES, FLORIDA ~ß,lOl-3044 Auditor t.~:\..=,- I Custodian of County Funds I ,c;ft;;\J..) ) January 13, 2005 Jon J. & Melanie K. Scheetz 3146 Santorini Court Lot #36 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t/::!:. ~Ck~~~ ~;erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us ,...~-",_.", --,-""",~..-.." ...,- _.",,",',"'-- - .-,.-- Co.lÍ:pty-.ofCøllier 17C CLERK OF THE 'CIRCUIT COURT Dwight E. Brock COLLIER COUNTY qoURTijOUSE Clerk of Courts 3301 TAMIAMI TItAIL EA:$T Clerk of Courts . P.O. BOX 4~~044 Accountant NAPLES, FLORlDk~.4101-3044 Auditor .., Custodian of County Funds ;"/" " January 13, 2005 Joseph A. & Winora G. Serio 3142 Santorini Court Lot #37 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'If Ich . Q . ~(JckArnßlJ, IJt eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsitc: www.clerk.collier.tl.us Email: collierclerkrwclerk.collier.fl.us '~,,,",, -"".,...- "--_. ..- ·Coli.pty-.~fCølJier 17C CLERK OF THE GIRCl1IT COURT '-. \ Dwight E. Brock COLLIER COUNTY goURTijOUSE Clerk of Courts 3301 TAMIAMI TRAIL EA~T Clerk of Courts . P.O. BOX 41~~O44\, Accountant NAPLES, FLORIDA ~~,11 0 1-3044 Auditor -I . Custodian of County Funds \'/ I 1 :.'..-..,.... ! ( ...f _·7 /' January 13, 2005 Chandler D. Hansman 3138 Santorini Court Lot #38 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK I{tdt ' Q. yaŒIdiJ, j C eidi R. Rockhold, Deputy Clerk Enclosure Phone-(239) 732-2646 Fax - (239) 775-2755 Wcbsitc: 'www.clerk.collier.f1.us Email: collierclerk@clerk.collier.fl.us .- >-.--- ~.,- ._~'".-- .. ,-~ .,-~- 'Co1.t~ty-ofCøllier 17C CLERK OF THE ClRCqIT COURT Dwight E. Brock COLLIER COUNTY OOURTPf,OUSE Clerk of Courts 330l'TAMIAMI TRAIL EÀ~T Clerk of Courts . P.O. BOX 4~~'044 , Accountant NAPLES, FLORIDA ;~~lOl-3044 Auditor \' /"' Custodian of County Funds January 13, 2005 John L. & Judith A. Whittle 3134 Santorini Court Lot #39 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'lCLrh < 0 ~tc,U1Q~D, IN eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.cIerk.collier.fl.us Email: colliercI erk(¡ì) cIerk. collier. fl. us _·,,,'M._" ,-,~ ._,,~m -----~-"".-._."..'- ~"" COIJPty-ofCøl,lier 17C CLERK OF TÌiÊ'CIRCtJIT COURT . . , , -. . Dwight E. Brock COLLIER COUNTY~URTFiOUSE Clerk of Courts 3301 TAMIAMI IL EA;ST Clerk of Courts , P.O. BOX 4~~044 \" Accountant NAPLES, FLORlDA ~~101-3044 Auditor '~I Custodian of County Funds ì<~L I .;~:: :-:,.,.'... , ...:-" / January 13, 2005 Robert & Nancy L. Delligatti 3122 Santorini Court Lot #42 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (f~lrk - a q~ rj{)wJ1J ,I) C. Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 \Vcbsitc: www.clerk.collier.f1.us Email: collierclerk@clerk.collier.f1.us ._-~,~""- ,-,-."" - .~~~,....__.""""".__. +-.---...-.-..- -- Co;µ~ty-~fCøllier 17C CLERK OF THE ClRCUIT COURT Dwight E. Brock COLLIER COUNTY qoURTPf.PUSE Clerk of Courts 330 I TAMIAMI TRAIL EAi$T Clerk of Courts . P.O. BOX 4 i~044 .... Accountant NAPLES, FLOR1DA'~jl01-3044 Auditor " Custodian of County Funds u - January 13, 2005 Eleanor B. Pyle 3118 Santorini Court Lot #43 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8 I 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t~: ~~kr±~:~t'y ðc~erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsite: www.clerk.collier.fl.us Email: collierclerk@.clerk.collier.fl.us .,- "" ~.~".,·,n .>- -..-.,~ _.._-~-~-- . - _..~ ...'--..- COJ.!pty-'of,CølJier 1 7 C CLERK OF THB·'Ù!RCTIIT COURT " \ Dwight E. Brock COLLIER COUNTY ~URTptOUSE 330l'TAMIAMI T. IL EÀ~T Clerk of Courts Clerk of Courts . P.O. BOX 4f~044 \" Accoun~ant NAPLES, FLORIDA ;~jlOl-3d44 AudItor 'J< I Custodian of County Funds ,.-:"..,,>,....'..:~< , ":fiÙ,; ! I j~1 ..- January 13r 2005 William J. Labrake 3114 Santorini Court Lot #44 Naplesr Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on SundaYr January 23, 2005r and again on Sunday, January 30, 2005. You are invited to attend this public hearing. SincerelYr DWIGHT E. BROCKr CLERK (i~~~. . R~~h~'~::~~ '~:k Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.cJerk.collier.fl.us Email: colliercJerk@clerk.collier.fl.us .,--.-.,,"- ---,,,...-.,,,-,,~_.," Co1Ìþ.ty-.~fC(jlJier 17C CLERK OF THE GIRCDJT COURT Dwight E. Brock COLLIER COUNTY qoURTij.pUSE Clerk of Courts 330l·TAMIAMI TIµIL EÀíST Clerk of Courts . P.O. BOX 4~~044 .... Accountant NAPLES, FLORIDA~~ft,lOl-3044 Auditor ý{ i Custodian of County Funds -' January 13, 2005 Dennis L. & Sandra S. Knoblauch 3110 Santorini Court Lot #45 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK [t~.. ~~!~~~~:erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Websitc: www.clerk.collier.fl.u~ Email: collierclerk@clerk.collier.fl.us ..~.._.,.. ...._-- .-..._~--"",..,.~,,-~ _....__.__.~..~"- -""-----. 'COliJity- of'C(1l1Jier 17C CLERK OF THB--CIRCÚIT COURT -'-~ \ Dwight E. Brock COLLIER COUNTY ~URTI\OUSE Clerk of Courts 330l·TAMIAMI T IL EÀI$T Clerk of Courts . P.O. BOX 4 ~044 \, Accountant NAPLES, FLORIDA ~,1lOl-3d44 Auditor ~ Custodian of County Funds ÿf. I .~~ ,. '-:~'~"':';- , :~,._,7 /" January 13, 2005 Gary R. Lusher 3106 Santorini Court Lot #46 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. . R~~h~:V~~ ~:rk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Websitc: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us -""..,.....".... "-'- - ----. .,_,_~_._, _ .. ,.,n'·'··"_'W__.·___.",_,. -- _. Couµtyof Collier 17C .~ , CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O.BOX413044 Accountant NAPLES, FLORIDA34101-3044 Auditor .' Custodian of County Funds January 13 I 2005 Raymond J. & Sandra L. Burgo 3102 Santorini Court Lot #47 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:!:: ~~9o~~~~~eClerk Enclosure Phone- (239) 732-2646 Fax-(239) 775-2755 Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.ft.us ~,,"'..---- '.0._"'_"__'_.'_ --- 'Cáiiiity-of-Cøl.1ier 17C """- '-'-.. , CLERK OF THE G(RCqIT COURT Dwight E. Brock COLLIER COUNTY$UR!i\OUSE Clerk of Courts 3301 TAMIAMI IL EAtT Clerk of Courts . P.O. BOX 4~~O44\\ Accountant NAPLES, FLORIDA ;~,11 0 1-3044 Auditor ...., '. Custodian of County Funds t( I "~'f~lif':' : ." \?) January 13, 2005 John C. & Faith S. Vitacco TR 3098 Santorini Court Lot #48 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:~.~O~~~~~:~Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.cIerk.collier.ß.us Email: collierclerk@cIerk.collier.ß.us .--_., .- ....,._._~--,"",....-..." - ._-,," 'CotiP{Y5)fCølJier 17C CLERK OF THECIRClJIT COURT .'-. \ Dwight E. Brock COLLIER COUNTY qoURTij,OUSE Clerk of Courts 3301 TAMIAMI TRAIL EÀ;ST Clerk of Courts . P.O. BOX 4~~O44 " Accountant NAPLES, FLORIDA ~,4101-3d44 Auditor ~I Custodian of County Funds y/ I , ! ,-,A / January 13, 2005 Anthony R. & Gudrun W. Tagert 3094 Santorini Court Lot #49 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ·QIJ¡Jd}¡od), rJe €idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Wcbsitc: www.clerk.collier.tl.us Email: collierclerk@clerk.collier.tl.us ,-"'~ ,~".- -- .~,_.~-,----",,-~-~..,..,.~ _.. CQupty-.~fCøllier 17C CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY qoURTPf-PUSE Clerk of Courts 3301 TAMIAMI TRAIL EÆST Clerk of Courts . P.O. BOX 4~~044 . Accountant NAPLES, FLORIDA;~,1101-3044 Auditor .y( Custodian of County Funds January 13, 2005 Stephen M. & Carolyn A. Murphy 3090 Santorini Court Lot #50 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. Q. gOttJ¡(]Qf)¡ jJC eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Websitc: www.clerk.collier.f1.us Email: collierclerkúVclerk.collier.f1. us "N·_^>·~"· "._"..."'" ._-,.. "'-'-"" ~ ----_.,.~.-- _.~- -"~""' Cœ!pty-öfCølJier 17C CLERK OF THÉ"CIRCOIT COURT "-" \, Dwight E. Brock COLLIER COUNTY ~URTij,OUSE Clerk of Courts 3301·TAMIAMI T IL EÀ~T Clerk of Courts . P.O. BOX 4~}044 ...., Accountant NAPLES, FLORIDA ;~5101-3044 Auditor "I Custodian of County Funds ~/ r "':;;".,;.... , . , ...! _~7 / January 13, 2005 B. Gary & Susan L. Jensen 3086 Santorini Court Lot #51 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at 01de Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. Q. (}PclJwir!J, ,JC Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us .--. --. _"'b_'" -~--,~.~,_.. Coqpty-ofCøllier 17C CLERK OF THE "ClRC-qIT COURT Dwight E. Brock COLLIER COUNTY qoURTijOUSE Clerk of Courts 3301 TAMIAMI TliAIL EA.sT Clerk of Courts . P.O. BOX 4i~044 Accountant NAPLES, FLORIDA ~~,1101-3044 Auditor '. Custodian of County Funds ';'i" .. January 13, 2005 Charles & Anne Kandilis 3082 Santorini Court Lot #52 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ . 9c~~~~e~:Y~:erk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.tl.us Email: collierclerk@clerk.collier.tl.us .. ~",.,- ~ _"_·H_~'.~__ --,,~-_.<. _~_~_...u·..._ ,...--- ----~, Cotipty-'ofCølJier 17C CLERK OF THE-'b¡RCU;IT COURT Dwight E. Brock COLLIER COUNTY ~URTptOUSE Clerk of Courts 3301-TAMIAMI T IL EAiST Clerk of Courts . P.O. BOX 4f~044 '-" Accountant NAPLES, FLORlDA ~~,11 0 1-3044 Auditor 'I . Custodian of County Funds \'1' I ."'" I /.-." : I ..3 ~7 / January 13, 2005 Robert M. & Sylvia Leavy 3078 Santorini Court Lot #53 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:!:.. ~C?!l~:~::lerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Websitc: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us - ~---_.- - "'-~- .,~.,,-~----,._.__._,.,,-,.~."._...,_..,~--,-,-,.~--- 'CoIÜify-ofCø'1,lier 17C '! CLERK OF THE 'CIRCUIT COURT -. \ Dwight E. Brock COLLIER COUNTY qoURTfiPUSE Clerk of Courts 330I·.TAMIAMI TIµIL EÀi$T Clerk of Courts . P.O. BOX 4f~044 \. Accountant NAPLES, FLORlDA~~,1101-3Ort4 Auditor ~I Custodian of County Funds v,( I _dl " January 13, 2005 Curt Steiner 3074 Santorini Court Lot #54 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK I CLERK í/:!:. ~C!l~J~t::lerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.c1erk.collier.fl.us Email: collierc1erk@c1erk.collier.fl.us ,~...-"," ,~..__. -".-..- GoU-ty f i1" 1 7 C _ ;,< .' n - -o..Gø . ler -~£ ~ ~ ,-..... 1 CLERK OF THÊ G{RClJ,IT COURT Dwight E. Brock COLLIER COUNTY ~URTìtOUSE Clerk of Courts 3301 TAMIAMI T IL EÀ~T Clerk of Courts " P,O, BOX 4i~044 \, Accoun~ant NAPLES, FLORIDA ~~,11 0 1-3044 Auditor ~{i Custodian of County Funds ~1 I v ~~~~~¿.~ J ~)_J / January 13, 2005 John J. & Silvia P. Hurley 3070 Santorini Court Lot #55 Naples, Florida 34119 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at Olde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK >i~~: ~~k!~~t~:lerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us --" --- '''.....- m..,^~·_~ "._.--.~~.~.....,,, ,..", .~.,,_._---- --'....._".._-~_.. ---".-.". . "'"~'-- 'GOijpty~ofGölJier 1 7 C CLERK OF THE-brRCuJT COURT Dwight E. Brock COLLIER COUNTY ~URT~fpUSE 3301 TAMIAMI T IL EÄ~T Clerk of Courts Clerk of Courts P.O. BOX 4i'~044\ Accountant NAPLES, FLORIDA ~,1101-3Û44 Auditor j(' Custodian of County Funds , '\ I :J-~:.:1 January 13, 2005 The Naples Family Partnership 3178 Santorini Court Lot #28 Naples, Plo:cida 341~9 Re: Petition AVPLAT2004-AR6835 (Santorini Villas at aIde Cypress Lots 1-19) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2005, and again on Sunday, January 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. a O¡atl}¡vff),{)C eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us "' _...^'-_.~ 17C NOTICE OF PUBLIC HEARING Notice is hereby given that th~ Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 8, 2005 in the Boardroom, 3 rd Floor, Administration Buildingr Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2004-AR6835 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 35 foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2r according to the plat of "Santorini Villas at Olde Cypress" as recorded in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairr a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made r which record includes the testimony and evidence upon which the appeal is based., Any questions or concerns should be directed to Rick Griggr Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYr FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockholdr Deputy Clerk (SEAL) - _,·_.>__o~.."_..~_·,,.._"_ - .~,-.',~- _._"-,-_.~ 0 Iff Y.t. () c..:.; " oj) f'.... ..¡ "-, ...¡ 0 ..... IT1 1.1) 0 1.1) 1U0 ::ta: a:a:a: OUJ Oc(UJ ..00 O:IO "'¡Z c(C(Z IU OUJ ..01.1) OlLtfJ ru Z 00 00 ...¡I- 1-1-1- 0- IL "'¡Z UJIUZ ...¡a: ..J...Ia: ::t:J ID:J ml- 0c(1- a. i.JJ i.JJZILI ..c: a: >:Ja: (J) 0 ..... oj) ::E Q) I"- tfJ I:: ...¡ IU 1:: ...I ...I CO a. a. 0...1:: c( c( >,::::J Z Z -0 'Eü CO'- "0 ..... LL .!: ï:::: ...~ ..... o.! (J) 0 0 ,"0', Q)- LL -I:: a.ro ~ CO (/) 0:> (J) 'r~ Z NQ) ..z:.. 0:>:::::ë5.. ~:: Q) I'- - CO I ..c:......OZ r" !+-M.....J . . I...i >-N i..J E-<- Š~ I ...1 o~ U.... ~ "," ~.£ ~ª' ~Z 0 U;::'<t ....E-<~ o 's M ~ E-< I ~ '§ ê Uo c:I'<t o E-<r'ì U ,~ ~E-<~"" = Sõ à'j" Ur'ì- .~';ª' r;.;¡ ...... ~ Z U..... ~ ~ ê''<t =:I:o~ E-<UM ~.... Q) ~ Og¡þ< 0=' ~ ~~~ :æ ~;:O en ~~o. Ò· U U Q., L~ ---~-~ -.",..-,-..-- -.- --,-,.,_..- 17C Heidi R. Rockhold From: Heidi R. Rockhold Sent: Thursday, January 13, 2005 1: 13 PM To: 'Iegals@naplesnews.com· Subject: AVPLAT2004-AR6835 Santorini Villas at Olde Cypress Lots 1-19 :Hí Pam, pfease aávertíse the above notíce on Sunáay, January 23, 2005 aná Sunáay, January 30, 2005. ;!J ;!J A VPLA T2004-AR68A. VPLA T2004-AR68 35.doc 35.doc If you shou(á fìave any questíons, y(ease contact me at 732-2646 ext. 7240. 'Ifiank you aná fìave a great áay.. :Heídi 'Rockfio(á Mínutes aná'Recorás Heidi Rockhold I 0- .... <"·.·."'-"",.,'""',._____~,,_,__W,,".._~,...,__ ,"_"""'_'.,,_~ .--.'.-...- Heidi R. Rockhold 17C From: postmaster@clerk.collier.fl.us Sent: Thursday, January 13, 2005 1 :13 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) ~ B ATT46511.txt AVPLAT2004-AR68 35 Santorini Vi... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Heidi Rockhold I ___'-"""0___.'. "RI'" -~"~_.,~,_.~"--,._,...~._",,.>"..,.._--_.__.-,-,,--_..,,--,_.' ,"" ""'.' _'_-"~-""_',.-,_"_'~ Heidi R. Rockhold 17C From: System Administrator [postmaster@naplesnews.com] Sent: Thursday, January 13, 20051 :11 PM To: Heidi R. Rockhold Subject: Delivered: AVPLAT2004-AR6835 Santorini Villas at Olde Cypress Lots 1-19 B <..,-,/ A VPLA T2004-AR68 35 Santorini Vi... «AVPLAT2004-AR6835 Santorini Villas at Olde Cypress Lots 1-19» Your message To: legals@naplesnews.com Subject: AVPLAT2004-AR6835 Santorini Villas at Olde Cypress Lots 1-19 Sent: Thu, 13 Jan 2005 13:12:47 -0500 was delivered to the following recipient(s): legals on Thu, 13 Jan 2005 13:11:25 -0500 Heidi Rockhold ] -",.--..-. ,.-. "_'''_~'''''''~'''''''''''''',_.,-,~ - --- .~,"~. "."'-.'--.-',. ".. _..-,,,~->. -,,- ~,. . A VPLA T2004-AR6835 Santorini Villas at 01de Cypress Lots 1-19 Page 1 of 1 17C Heidi R. Rockhold ~~-~ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, January 14,20057:38 AM To: Heidi R. Rockhold Subject: RE: AVPLAT2004-AR6835 Santorini Villas at Olde Cypress Lots 1-19 OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collier.fl.us] Sent: Thursday, January 13, 2005 1:13 PM To: legals@naplesnews.com Subject: AVPLAT2004-AR6835 Santorini Villas at Olde Cypress Lots 1-19 3fí Pam, P{ease aávertíse tfie above notíce on Sunáay, January 23, 2005 aná sunáay, January 30, 2005· «A VPLA T2004-AR6835.doc» «A VPLA T2004-AR6835.doc» If you sfwuCá have any questíons, yCease contact me at 732-2646 ext. 7240. 'l1ia.nli you aná have a great áay.. 3feíáí'RoclifwCá :Mínutes aná'R.ecorás 1/14/2005 _'H".'''_' ..".,~ """'""~~'-"""''''''_.''''''-'''---''''''''_'''_---'''"'~"''''''-," .,.","-.,., ..~",,_."'--'''----~.~~''-'-'".<'',."~---.<-_..''-''''-'-'-'-'-- AVPLA~AR6835-1 7 C NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of COunty Commissioners of Col- NAPLES DAILY NEWS lier County will hold a , , ~ubllc heaiing on Tues- PublIshed Daily ilAy. February 8. 2005 In the Boardroom, 3rd Naples, FL 34102 Floor, Administration Building. Collier County Government Center. Affid -t f P hi- t- 3301 East Tamlaml Trail, I aVI 0 U Ica Ion ~~~~T~g ~?I~lt~glnT~~ 9:00 A.M. State of Florida The Board will consider . Petition AVPLAT2004- County of CollIer AR6835 to disclaim, reo nounce and vacate the county's and the Pub- , , IIc's interest In a ~Ion Before the undersIgned they serve as the authonty, personal Iv of the 35 foot wIde - draInage easement 10- appeared B, Lamb, who on oath says that they cated along the rur of , ,Lots 1 through 19 and serve as the Assistant Corporate Secretary of the Naples DaIly, Tract B2, according to d 'I bI' h d N I ' C II' C the plat of ·Santorlnl a aI y newspaper pu IS e at ap es, III 0 Ier ounty, Villas at Olde cYfress. Florida; distributed in Collier and Lee counties of Florida; that ;:, rr~71~~~~ the attached copv of the advertising being a Public Records of Collier -' County, Florida. located In =2 11 Tn~iP PUBLIC NOTICE 4850 ange26.,' NOTE: All Persons wish- Ing to speak on any in the matter of Public Notice agenda Item must regis- ter with the COunty Ad- as published in said newspaper 2 mlnlstrator frlor to pre- sentation 0 the agenda I item to be addressed. , ., d Individual speakers will tIme(s) III the Issue on January 23r and 30th, 2005 b~ limited to 5 minutes on any Item. The selec· tlon of an Individual to speak on behalf of an organization or group Is ^ "'" fì h h h 'd N 1 I) 'I ". ' encouraged. If recog- ,'",lant urt er says t at t e sal ap es al y "ews IS a newspaper nlzed by the Chair, a published at "aples, in said Collier County, Florida, and that the said spokesperson for a newspaper has heretofore been continuously published in said Collier group or OrganlZa~rnn C 1'1 'da d' 'b d' C II' d L 'f1'1 'd may be allotted 10 - ounty, on ; Istn ute In 0 ler an ee counties 0 on a, utes to speak on ani each day and has been entered as second class mail matter at the post Item. Ish ffi " N 1 ' 'dC 1]' C 1'1 'da fì 'd f 1 Persons w. Ing to have o Ice In I ap es, In sal 0 ler ounty, on , or a peno 0 written or gr~hlc mil.' ycar next preceding the first publication of the attached copy of terlels Included In the , , ' . Board agenda packets advertisement; and affiant further says that he has neIther paId nor must submit said mil.' promised any person, firm or corporation any discount, rebate, ter.al a minimum of 3 " fu d fì h f' h' d' .. weeks prior to the re- commiSSion or re n ort e purpose 0 secunng t IS a ycrtlsement ,or spectlve public hearing. publication in the said newspaper. In IU1Y case. written ma- jJ ---r terlals Intended to be cOO$ldered by the Board shall be submitted to . the appropriate County ( Signa/ture Of affiant) staff a minimum of sev- en days prior to the public hearing. All mil.· terlal used In presenta- tions before the Board will become a perm a- Sworn to and subscribed before me nent part of the record. This 31st, January 2005 Any pèrson who decld- ~ '1 es to aJlpeal a decision ~ Ji {l¿~~ of .. ...... "" """ · e, ' , record of the proce<!d· .4 ,/'lÀ ~ -'" !" .¿~ Ings pertainIng thereto , and therefore, may Ignature of notary publIc) (1 need to ensure that a ! verbatim record of the proceedings 15 made. which record Includes the testimony and evl- '¡orri?,'" ¡¡'!'~'^ng dence upOn which the . ,_l~. ·...'1....' '. II b eel ~.4Y CCIVÍ~¡¡iSSON /t' DD2.3-.)6&9 EX¡.',if;'::;' appea s as . .Je,r/24 200 ¡ Any questions or con- '¡'C","'~,,, cerns should be di- rected to Rick Grigg. Collier County Commu- nity Development/Pla- nning Services Section , at (239) 659-5731. I BOARD OF COUNTY I COMMISSIONERS COLLIER COUNTY. FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL! . .Jan. 23.3.0 _____,"'p-'-~O "-,_._..~'~-._'" -,._'-~~_..._,-"._'_.._-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO \ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date ( i.t in rollt;n" ort!.,r) 1. SANDRA LEA COMMUNITY DEVELOPMENT Jj¿ vl/f!tf. ,-- b 2. XXXXXXX I / / 3. xxx XXX X 4. XXXXXXX 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the Bec office only after the BCC has acted to approve the item.) Name of Primary Staff RICK GRIGG Phone Number 659 - 5731 Contact Agenda Date Item was FEBRUARY 8, 2005 Agenda Item Number 17-C!- Approved by the BCC Type of Document RESOLUTION Number of Original 1 (4 PAGES) Attached A VPLA T2004-AR6835 Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from RSG contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the ;;;~ L document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RSG 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain RSG time frame or the BCC's actions are nullified. Be aware of your deadlines! (; Fonns! County Fonnsl BCe Forms! Original Documents Routing Slip WWS Original 9.03.04 ----",. -- L 3.,1 t.f 3556470 OR: 3731 PG: 3950 RBCORDED in OPPICIAL RECORDS of COLLIBR COUNTY, PL 02/10/2005 at 09:29AK DWIGHT E. BROCK, CLERK REC PBE 35.50 COPIES 4. 00 Retn: CLERK TO THB BOARD INTBROPFICB 4TH FLOOR 17C BXT 8406 RESOLUTION NO. 2005- 85 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLAT2004-AR6835 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 35 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOTS 1 THROUGH 19 AND TRACT B2, ACCORDING TO TI-IE PLAT OF "SANTORINI VILLAS AT OLDE CYPRESS" AS RECORDED IN PLA T BOOK 34, PAGES 47 THROUGH 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCA TED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Terry Cole, P.E., from Hole-Montes, Inc., as agent for the petititioner, Stock Development, does hereby request the vacation of a portion of the 35 foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2, according to the plat of "Santorini Villas at Olde Cypress" as recorded in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 35 foot wide drainage easement located along the rear of Lots I through 19 and Tract B2 according to the plat of "Santorini Villas at Olde Cypress" as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY TI-IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 35 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of2 ----~-~ ~ - ---- -, - _.._,.._----_._-,-~~--- ---~_._,._---~---_._~----.__._._---._--- -- - ---.....----- OR: 3731 PG: 3951 17C BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. ---.,d " (j This Resolution is adopted this ìr .~ day of 7,/(///.If /[. ,2005, , after motion, second and majority vote favoring same. // DATED: ATTEST: .' [,0,\,';) BOARD OF COUNTY COMMISSIONERS DWIGI-n::£.jBROGI{,. ~'eik COLLIER COUNTY, FLORIDA - . . . , ~y' J " " ~W.~ BY: .,' , i \. \. ., .'., putý ClerkJJ\'..>'.· .' . Fred W. Coyle, Chairman <:" .... Attest. '-:$c;to Ch¡1 run s . °';'.1,:',..5 f ~"'_t 0..1 J . j ~ 'oJ .-' ...' Approved as to form and legal sufficiency: Item # J[~ Agenda 1}..8.{}5' ¡ Date ~ Date 2 ~ g ~{J S- R c'd l'lJJ tiJC Page 2 of2 OR: 3731 PG: 3952 . ~ en Wz ~ ¡s I- < 0 or¡ NW en ~ ¡!:::> "'=15 ¡s ¡s ~ œ j ~ 9 to oz ..., ~~~~~ a. !š g 0 ZIr 1 7C 00 LA..II: I±! ~w WLA..o 0 8 '-D N~ 5~owz ~~zu ¡!:°d en LA..w Z gci" cD ,,- t;uo.fd5 ZLA..~~æOo~~~ ~c Z o¡!: ::> 03~ ,...0 ~LA.. en 15> ~¡,¡."'¡' <§~œa æo w~q51-~1-~~z~ S wo"¡'u r&o I:J ,08 f!: OUF O~~¡!:~~ ~o~en9~~ < ZI- II: a. Ir N I-wc NLA..O 0 <en< > ::Jcf3w :i~ 1--1- ¡Sl-~ffi~ ~¡!:::><enLl..o < <¡S .õ!z 15 I-zc3 vj~ ã31-~ <œ::>o. en ~ooo~<œ ~ 0 (J) (J)-<o -u..¡....J Z 00. LA..~¡!:æ<w~!š~!š~. <u ~ \I!~o.u a. en :r:u..¡o.. 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It)- D N ~ ... _____ __ _______________.___________ 01 g-~:!:!1i ò z.~= ~, w c~~ o . ~'( Z ~ N 10 .... 0 < <Ø 0" :J-.J...J...J....J f _..__ .___ ._._~_..______._.__,._..._..__H...._.____··___ ~ ~ ~ --- --- --- -~------ --------------------- ~ E u z. w r--.. 01 9 ~ ~ ::'0 ~ w· ~ ~ ____ . ---- -"------------ ----------.----- ~ g I !š~~ ~ ~ ~ u . w" Iñ::æ~_ ____ o~~ wZ - 1 .. . -.-------- Z - O·¡¡; g~~~ :J--~-"r=--=-=-=.-- ~ ~~ ~~i¡ CL Z U1 ~'" l-~---L--~----------------- ~ ~ ~ <! ~ õ õ -- Z o.o.~ ~ um ~ - .-uW. 00 ¿ a.. a.. ~ DU!JO"UJPny :A:q penOld WDO£:U - .,ooz '~Z Iff I_PO" :qol 6Mp·BNI:lOO~:lV^\S3H:)13)S\0909661'96EH\:n . ^_.~._··_·,,____..,·"_.._"__M"_._.'.~_.__~ COLLIER COUNTY FLORIDA (i) 17E REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place tbe following as a: X Nonnallegal Advertisement o Other: (Display Adv., location, etc.) .......................................................................................................... Originating Deptl Div: CDES/ Impact Fee Administration Person: Amy Patterson Date: 1/24/05 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. February 8. 2005 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS AMENDED; PROVIDING FOR A CHANGE IN THE TIME OF APPLICATION FOR THE IMMOKALEE RESIDENTIAL IMP ACT FEE DEFERRAL PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABll..ITY; AND PROVIDING FOR AN EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 131-138902-649100 I-~V- OS Date List Attachments: I. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ...............................................................................***.***..................... FOR CLERK'S OFFICE USE ONLY: Date of Public hearing~ -8 - oS Date Advertised: 1-2R-(jÇ Date Received: .._---,_..~"'"~,-".~-"".."-_....,~,-_._--_._--,-".".< '""...~.,....*..."'~ ""._,.~"'---"....._-,-'" >__".,··,__.._·___·e, . ,.___.~_____ 17E ':-1 ORDINANCE NO. 2005 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS AMENDED; PROVIDING FOR A CHANGE IN THE TIME OF APPLICATION FOR THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 13,2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance,· the same being codified as Chapter 74 of the County's Code of Laws and Ordinances, which repealed and superceded, in their entirety, all of the County's previous impact fee regulations; and WHEREAS, on November 18, 2003, the Board adopted Ordinance No. 2003-63, which amended Chapter 74 by establishing the "Immokalee Residential Impact Fee Deferral Program" (Program) which provides for the deferral of residential impact fees for qualified applicants within the specified Program boundaries; and WHEREAS, the Program offers relief for new development from the increased impact fee rates and contributes to additional, new affordable workforce housing in Immokalee; and WHEREAS, the Board desires to promote and foster the avaitability of affordable workforce housing in the Immokalee area; and WHEREAS, a change in the required timing for the submittal of applications for Program participation would allow the Program to be more fully utilized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Article II, Subsection (g) in Section 74-201 is hereby amended to read as follows: (g) Immokalee Enterprise Zone Deferral Area. -- """ (4) Any Person seeking an impact fee deferral for a proposed owner- occupied dwelling unit, wholly within the Immokalee Enterprise Zone, shall file an application for deferral with the County Manager prior to receiving BRY iwilEliAg PSFR'Iit a Certificate of OccuDancv {ÇQ.} for any such proposed Development. The application for deferral must contain the following: **" Page 1 of2 Underlined text Is added; ItRolek tt:IFØloIil! text Is deleted. __'._ ·__'·"".··__.~_______~m·_'__~~,·__·,.w "_~_"_"'__'M ~ ..~' ........ . __.~.__..,..,.,,__..____...,..._...,+ _ ....'___~_~.~.__..,A_>_____ 17E SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. distinct and Independent provision and such holding shan not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-Iettered to accomplish such. and the word "ordinance" may be changed to "section: "article: or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of ~------------ Collier County, Florida this day of ~--- ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY. FLORIDA By: By: Deputy Clerk Fred. W. Coyle, Chairman Approved as to form andlegalsufflclency Patrick G. W ite Assistant County Attorney Page 2 of2 Underlined text 18 addad; lMR.iek ttlFeIl1:I text Is deleted. ^____~_..____........._"_~,~.'_,,_~"_.^__~.',. .."..__~.._..____~_.,_,.__.,~_...~,_._,..,__"'.,...,...~_.._"_H_.___"..._._._··· .~ ~-_....~_.~----------_._.._,-,......~--"_.,,_.,_._.-,"- -,..,,--- '-- 17E '..,. January 24, 2005 Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: CDES / Impact Fee Administration Dear Pam: Please advertise the above referenced petition on Friday, January 28,2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office, If you should have any questions, please call me at 732-2646 ext 7240. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk Acct # 131-138902-649100 ~~-."-,~._- ~ .. n_"_.....··__·_"._.·_~__,_ ~ ~._~.~.._._-"-~_.- 17E NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 8, 2005, in the Boardroom, 3 rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Chapter 74 of the County's Code of Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance as amended; providing for a change in the time of application for the Imrnokalee Residential Impact Fee Deferral Program; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) .__..+_,__,'___._._..·.,."_··._,.,·h_"~,"._·."...._~.____ ~ .' '"'- __.¥'___.._,o._·.'_···' 17E Heidi R. Rockhold To: Heidi R. Rockhold Subject: RE: CDES/lmpact Fee Administration -----Original Message----- From: Heidi R. Rockhold Sent: Monday, January 24, 2005 2:43 PM To: 'Iegals@naplesnews.com' Subject: CDES/Impact Fee Administration J{í Pam, PCease aávertise tfie avove mentíoneá notíce on :Jríáay, January 28, 2005. « :Jí{e: CIYES- Imyact :Jee .Jtámín.áoc» «:JíCe: C1YES-ímyact fees .Jtámín.áoc » If you have any questíons, yCease ca{{ me at 732-2646 ext. 7240. Tfiank you, J{eídì .1vtínutes aná'Recorás Heidi Rockhold I _._..~__._._____._.>o~~""""_~~_""~'__'" ....~_.,,_.. VT '''", -'--~"'---"" 17E Heidi R. Rockhold From: postmaster@clerk.collier.fl.us Sent: Monday, January 24,20052:43 PM To: Heidi R. Rockhold ." Subject: Delivery Status Notification (Relay) ~ B ATT99039.txt CDES/lmpact Fee Administration... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Heidi Rockhold I --.---, _.'-.-'--"-~ . -.,.---- ~--~"---,........_-,...._- 17E Heidi R. Rockhold From: System Administrator [postmaster@naplesnews.com] Sent: Monday, January 24, 2005 2:41 PM To: Heidi R. Rockhold Subject: Delivered: CDESllmpact Fee Administration B "....,./ COES/lmpact Fee Administration.. . «CDES/Impact Fee Administration» Your message To: legals@naplesnews.com Subject: CDES/Impact Fee Administration Sent: Mon, 24 Jan 2005 14:42:55 -0500 was delivered to the following recipient(s): legals on Mon, 24 Jan 2005 14:40:42 -0500 Heidi Rockho1d 1 - -~---~-""'--- CDES/lmpact Fee Administration Page 1 of 1 17E Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, January 24, 2005 2:51 PM To: Heidi R. Rockhold Subject: RE: CDES/lmpact Fee Administration OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collier.fl.us] Sent: Monday, January 24, 2005 2:43 PM To: legals@naplesnews.com Subject: CDES/Impact Fee Administration 3fí Pam, PCease aávertíse the avave mentíoned notíce on :fríáay, January 28, 2005. «CDES- Impact Fee Admin.doc» «CDES-impact fees Admin.doc» If you have any questícrns, yCease ca{[ me at 732-2646 ext. 7240. T1ian~ you, 3feíáí :Mínutes and'R.ecorás 1/24/2005 ._. _.._._--~...__."~ 1 7E NOTI,CE OF , PUSUC HEARING NAPLES DAILY NEWS - Notice Is herebl gIven that the Board Þ coun~ Published Daily ",.commissIoners of Co - ,·iter County will hold, a Naples, FL 34102 .. !Ubllc heaíing OR Tues- ~, Februað' .. ~ In the Boardroom, rd Floor, AdminIstration Affidavit of Publication Building, Collier County, Government center,¡ 3301 East Tamlaml Trail., State of Florida Naples, Florida. Thet meeting will begin at¡ ..a:oo A.M. County of Collier J,; An Ordinance of the .soard of count~ Com- ~:€ISSIOners of oilier Before the undersigned they serve as the authority, personally , . OU"ð¥¡ florida, amend- Ing C apter 74 of the appeared B. Lamb, who on oath says that they "J:ounty's Code of Law '.nd Ordinances, as serve as the Assistant Corporate Secretary of the Naples Daily, "'amended by Ordinance ,uWo, 2001·13, the Collier a daily newspaper published at Naples, in Collier County, countf Consolidated Impac Fee Ordinance Florida; distributed in Collier and Lee counties of Florida; that as amenlled; providing --.for a change In the time the attached copy of the advertising, being a of aPfllcatlon for the Immo alee Residential Impact Fee Deferral Pro- PUBLIC NOTICE ''1Þ.'II1J; prOV~fgr-ift- elusion In the . ode Of! Laws and Ordinances' providing for conflict' in the matter of Public Notice and severability; arid ,~vllllng fQr an ettec- as published in said newspaper 1 ,. date. iJ\j' 1 NOTE: All Persons wish- time(s) in the issue on January 28th, 2005 >lng to speak on any "agenda Item must ~IS' ter with the County d- mlnlstrator frlor to pre- )entatlQn 0 the agenda .!tem tQ be addressed. Affiant further says that the said Naples Daily News is a newspaper wlndlvldual speJkers will ,.,Ite limited tQ 5 minutes published at Naples, in said Collier County. Florida, and that the said ,iCIO an1/ Item. ~ selec· newspaper has heretofore been continuously published in said Collier .ilon of an Ind vidual to ,speak on behalf of an County, Florida; distributed in Collier and Lee counties of Florida, 'òrganlzatlQn or ¡roup Is each day and has been entered as second class mail matter at the post ;~ncOUraged. I recog- lzed by the Chair, a office in Naples, in said Collier County, Florida, for a period of I pokesperson for a year next preceding the first publication of the attached copy of grou~or organization ,may allotted 10 mln- advertisement; and affiant further says that he has neither paid nor utes to speak on an promised any person, firm or corporation any discount, rebate, <Item. " commission or refund for the purpose of securing this advertisement for 'Persons wishing to publication in the said newspaper. ~have written or sr~hlc ß-~ materials Inclu e In -Xhe Board agen= pac:k- .ets must sUþlJ ,Hid material a mln~of 3, ( Sigtlature of affiant) ,weeks prIor tot re- .spectlve public h, Ing. In any case, written ma- terials Intended to be considered bt the Board Sworn to and subscribed before me shall be su mltted to the approprIate County This 28th, January 2005 staff a minimum of sev- err--aays prIor to the gUbllche:,ng. - All ma- erl.1 use In ~resenta- tlons before t e Board will become a perma- I nent part of the record. ,Any person who decld- I es to Tc:'al a decision of the rd will need a record of the proceed- "';'r,~.~"~,'ff,~ . Ings pertaining thereto ¥:>;A'<\\ Harnett Bushong ! and thereforer may need tQ ensure that a ~:.,~f~ > MYCQMMISSION (I D[;23,1669 E>:¡'k verbatim record of ! "~<;o::'>' Juiy ¿.¡ 200/ proceedings Is mil. ' ~h¡ch record Inctu es 'T ' \ 1,'\1' 't'>',' t e testimony and evl. dence upon which the appeal .. based. SOARD OF COUNTY CQMMI51SQNERS COLLIER COUNTY, FLORIDA FRE/) COYLE. CHAIRMAN WHT E. IilROCK, =eldl R. Rockhold. (5 Clérk Jan. 28 No. 918574 . _ _"M,~" =_~.''"'__'·''~'~'·''''N""_~,"~_,,-___,,...._.w.~·_ -..---- 17E MEMORANDUM Date: February 17, 2005 To: Amy Patterson Impact Fee Manager From: Linda A. Houtzer , Deputy Clerk Minutes & Records Department Re: Ordinance 2005-08 Enclosed please find a copy of the validated document, as referenced above, Agenda Item #17E, which was approved by the Board of County Commissioners on Tuesday, February 8, 2005. If you have any questions, please call me at 774-8411. Thank you. Enclosure '~._'-~ '4-- - oR~~ ~r [';c.( , ,.-:> ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7£ ....;¡-. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is ·already complete with the ,exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson aine #5). Route to Addressee(s) Office Initials Date (List in routin" order) 1. 2. 3. - 4. - 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The: primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who createdíprepared the executive sulIl11laIy. Primary contact infonnation is needed in the event one of the addressees above; including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chai.mwt's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Phone Number 5 572,1 Contact - Agenda Date Item was Agenda Item Number , J7~f A roved b the BCC Type of Document Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ftP resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's NJA- Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the frp document or the final ne20tiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ft(J signature and initials are required. 5. In most cases (some contracts are an exception), the original docwnent and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. AP Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! I: Forms! County Forms! Bce Fonnsl Original Documents Routing Slip WWS Original 9.03.04 ORDINANCE NO. 2005 - OR 17~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS AMENDED; PROVIDING FOR A CHANGE IN THE TIME OF APPLICATION FOR THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance," the same being codified as Chapter 74 of the County's Code of Laws and Ordinances, which repealed and superceded, in their entirety, all of the County's previous impact fee regulations; and WHEREAS, on November 18, 2003, the Board adopted Ordinance No. 2003-63, which amended Chapter 74 by establishing the "Immokalee Residential Impact Fee Deferral Program" (Program) which provides for the deferral of residential impact fees for qualified applicants within the specified Program boundaries; and WHEREAS, the Program offers relief for new development from the increased impact fee rates and contributes to additional, new affordable workforce housing in Immokalee; and WHEREAS, the Board desires to promote and foster the availability of affordable workforce housing in the Immokalee area; and WHEREAS, a change in the required timing for the submittal of applications for Program participation would allow the Program to be more fully utilized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Article II, Subsection (g) in Section 74-201 is hereby amended to read as follows: (g) Immokalee Enterprise Zone Deferral Area. * * * (4) Any Person seeking an impact fee deferral for a proposed owner - occupied dwelling unit, wholly within the Immokalee Enterprise Zone, shall file an application for deferral with the County Manager prior to receiving ~my Building Pormit a Certificate of Occupancy (CO) for any such proposed Development. The application for deferral must contain the following: * * * Page 1 of2 Underlined text is added; struck through text is deleted. 17E SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the filing with the Secretary of State. PASSED AND DUL Y ADOPTE~_p~ the Boar? of. County Commissioners of Collier County, Florida this "I - day of l¡:; h' /1/ /l (/ ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: ~~;Ie~ Approved as to form and legal sufficiency Patrick G. W ite Assistant County Attorney Page 2 0[2 Underlined text is added; struck through text is deleted. --- . -----_._~_._----~._~~--~,--~- ·11E ·ì;.f.:·; '! STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-08 Which was adopted by the Board of County Commissioners on the 8th day of February 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of February, 2005. DWIGHT E. BROCK ~~.... . .. , > Clerk <;>f. cour;-.;ß"·~:~~.~~l~f.k Ex-offlclo t~~,rd,of·::~øt.', C C' t". 6 "'1' . ounty ommlS ~.. :",.;'., _ ': , ~ . ~.'''''':',. . .' .~.. ' a'ê~ ;{.':;'~~ ~,·.·;,·..·..>,....····t¡:· .' "..., '.,... . i.}'.. ~:l<~~L' ., , s."'" By: Linda A. ···.~·z-er;t~~~,xi~tl'l~ D Cl . k (J¡¡œa ·,~,~<:~,:k.:' eputy er. ...........·:.'t.'";:J? ~ . '. ""," t..; :. ~.~. - ----~ ~-~~"-~ ----^.-.......'. --..--..-.... -'-'--~ ~_.~.«._-~,._..."'^.~ .